Question

Notice from council

by | 15 Jun 2016

I’ve served a section 21 to my tenant. She’s not allowing maintenence works to be done nor a gas safety check and has turned contractors away on 3 occasions. She’s threatened to complain to the council. Will the council give us a chance to defend ourselves before issuing a notice? Because if the notice is issued the section 21 becomes invalid. In other words – is the council fair? And if they do issue us a notice how do we get it overturned and how long will it take? Thanks so much

Answer

2 Comments

  1. guildy

    The council would normally give you an opportunity in the first instance and possibly issue an informal notice to start with.

    The service of an improvement notice by the council now wouldn’t necessarily invalidate the section 21 you’ve served.

    There’s a very strict procedure to be followed by the tenant to invoke the retaliatory eviction provisions which from what you describe have not been activated properly. See here for the procedure. Also those provisions only apply to a tenancy in England granted from 1 October 2015 (not sure when this tenancy was granted so it may not even apply in this case).

    • Jovie

      Thank you.

      Yes. Unfortunately we signed a new contract 14th Oct ’15. Even though the tenant has been there for over 2 years.

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