I’ve been trying to evict a tenant for nearly 10 months,my letting agent gave my tenant a section 21 due to change in my circumstances.
The tenant decided they didn’t want to move so i then went for accelerated possession order and after 15days not the 14 that they’re allowed they got a legal aid solicitor who has found that my letting agent didn’t do the DPS correctly so I’m now got a solicitor bill of over £2000 plus court fees and it looks like I’m going to have to go through all the process again.
Do i have to issue a new tenancy agreement and if so for how long? and refund their deposit and place it in the DPS again,and more importantly can i claim against my letting agent for my solicitor fees and court costs as the section 21 shouldn’t have been sent out 9 months ago or is there an ombudsman i have to go through??
What was the issue with deposit?
The deposit can be returned and will allow a valid section 21 to be issued. When expires you can go for a section 8 possession order again.
Are all other things issued correctly ie gas safe, epc, eicr etc ?
You agent should be made to pay the bill if they’ve cocked up. Ask them what redress scheme they are members of and go this route if they do not take responsibility.
No new tenancy agreement
They issued the DPS a week late after a change in the tenancy agreement and all they told my solicitor it was “human error” and obviously my tenants legal aid solicitor spotted it.
I’ve never had a problem the tenant paying the rent.
Yeah all certificates are up to date.
It’s just going through the whole process again…nightmare
Ask formally what the agent plans to do to compensate you for your losses. If you dont get satisfaction, contact whichever redress scheme the agent belongs to. They can take action on your behalf.
Thanks for your advice I’ve got a meeting with my letting agent to se what they have to say after they told my solicitor it was human error with the DPS and just hoping they’re willing to pay my solicitor fee & court fee…