Property Management – Level 3

Question 1

• What is the difference between a Section 21 notice and Section 8?

Answer 1

• A section 21 notice is known as a no-fault notice. A landlord was able to give 2 months’ notice no earlier than 4 months of the tenancy to gain possession at the end.
• A landlord cannot serve this notice in retaliation to a tenant’s complaint.
• A section 8 notice is served when a tenant has breached their contractual duties such as rent arrears when the tenant is at least 2 months in arrears.

Question 2

• If the tenant of 31 Grove Park Road began receiving housing benefits again what would your advice to the client have been?

Answer 2

• My advice would have still been to continue with the section 21 route as this particular tenant was becoming more and more unreliable.

Question 3

• If communication with the tenant of Engayne Gardens was possible, what alternative dispute resolution options could you have discussed /advised?

Answer 3

• I would have advised mediation.
• We tried negotiation and bent over backwards for the tenant’s requests, but these were just delay tactics.

Question 4

Explain the letting of 31 Grove Park Road, Hornchurch

Answer 4

• A letting of a three-bedroom house to a tenant who was in receipt of Housing Benefits. The tenant had been at the property for several years.
• Benefits stopped and the tenant started to get into arrears. As the tenancy was due to expire, I advised the Landlord that it was best to serve a notice under Section 21 for possession.
• I instructed Solicitors to serve the relevant paperwork to the Court. The Judge granted a possession order, but the tenant did not vacate so a court bailiff was appointed to take possession.
• A day and time was provided that the court bailiff was going to take possession.
• I met the bailiff and the tenant had vacated. The locks were changed, and the property was secured prior to re-letting.

Question 5

Explain the letting of 2B Engayne Gardens, Upminster

Answer 5

• A four-bedroom detached house was let to tenants
• Rent was being received then the tenants stopped paying. Despite communications requesting the tenants to pay the outstanding rent I advised the client that as there was more than two months in arrears and in accordance with Schedule 2 of the Housing Act 1988 ground 8 of section 8 should be served for possession.
• The landlords accepted my advice and wanted to use their own Solicitor. I provided all the relevant documentation to enable the Solicitors to supply the relevant paperwork to the Court.
• Possession was granted with costs from the judge. The tenants had not vacated, and the Court Bailiff had to be instructed to attend to gain possession.
• I attended with the Court Bailiff and a lock smith was instructed to gain entry and secure the property.