Can an Insurance company issue a S21 notice to me- they have but is it legal?

[TenantJustice]

Hi,

 

Can you see my message? I'm having trouble posting my own topic it says I have tried too many times but I am only trying to post one new topic regarding a similar situation like yours, I don't understand!

 

TenantJustice

[TenantJustice]

Hello,

 

I would like to know what powers an insurance company has in relation to collecting rent payments.

 

I won't go into all the details on here but I have been served a S.21 Notice despite being an excellent tenant with an impeccable rent payment record and completely looking after the property to the highest possible standard.

 

Between the landlord and the letting agency they are being very unreasonable and totally inflexible as regards renewal of my tenancy. They have imposed completely impossible new conditions, contrary to the tenancy agreement itself, and so because I am not in a position to comply with these new conditions they have served the S.21 Notice and now I need to get out of my home.

 

I have spoken to the charity Shelter and they have been great, so I know the general process which the letting agency will go through and I know my rights. However, can I please ask if anyone knows what rights an insurance company has which the landlord has used to collect rent from me?

 

He has used an insurance company that protects his rent payments and they can start the process of contacting me to collect rent if I don't pay. Does anyone know what remit these rent collectors have and can they demand to enter my property?

 

Any help would be really appreciated. This has all come at the worst possible time as I am unwell. 

 

Thanks

 

Tenant Justice

[dx100uk]

no they cannot .

an insurance company has zero legal powers to enter anywhere let alone issue an S21

AFAIK only the landlord can issue a S21.

 

an insurance company has less rights than a DCA (debt collection Agency) and they have zero powers anyway - they are NOT a BAILIFF.

 

who has made the s21, and who are their stated  clients? - the name on the s21 wont be an insurance Co nor a DCA.

 

 

 

[dx100uk]

own thread created

please post here now.

 

[TenantJustice]

Hello,

 

Once again I am having trouble posting. I managed to post here last night and DX100uk provided me with a very helpful response which I had intended to reply to. But now the comments and my post have gone. What is going on?

 

TenantJustice

[45002]

TennatJustice

 

Here your thread/post

 

https://tinyurl.com/yxkhnxf5

 

 

....

Edited August 21, 2020 by 45002
url as usal.....

[dx100uk]

posts moved toyour existing thread.

 

bookmark it and post here now or simply click the link at the burton of any alert email  of a post on your thread 

like you have below in blue thats says goto this post.

 

 

[TenantJustice]

Hello,

 

I have received a private message stating the reason I am not allowed to post is that I am using a VPN. Apparently I am not allowed anonymity to use this site. What an absolute disgrace. In this increasingly insecure and very controlled digital world it is vital that VPN's are allowed. You guys need to sort yourselves out and stop being hypersensitive to legitimate security software, which is designed to protect all of us.

 

TenantJustice

Edited August 21, 2020 by TenantJustice

[dx100uk]

no simple use a hotmail ac.

 

vpn's are over rated anyway esp for non mobile use...and totally useless for home use.

totally unnecessary and don't really protect you again anything bar p'haps the odd fake wireless hotspot even when mobile.

 

they don't ptoect again viruses either.

 

 

[TenantJustice]

Hello,

 

Right so to put this in perspective I must use a Hotmail account as my email address, I must not use a VPN at all because according to you they provide no security when of course that is categorically not true and protect millions of people across the world on a daily basis, and I'm also not allowed any form of anonymity and then I can use this platform? 

 

TenantJustice

 

 

Edited August 21, 2020 by TenantJustice

[dx100uk]

we can gain nothing from a simple email ad ...

however, what happens particularly with the vpn provider you are using, is that most of the professional spam advert posters use it on forums.

 

sadly due to that, and the way your vpn provider changes randomly your country of origin, we block most other counties not part of the UK

as we are a uk based forum and the spam got to the stage that it was affecting genuine forum members by slowing us down .

 

dx

[stu007]

Hi

 

We really need more information to assist you:

 

1. What type of Tenancy Agreement do you have? (is it for England?, Scotland?, Wales?, Northern Ireland?)

 

2. When did your Tenancy start?

 

3. Is your Tenancy direct with the Landlord or via a Letting/Estate Agent?

 

4. Who sent the S21 and what is the letters wording?

 

5. Are you in Rent Arrears, if so by how many months?

 

 

[BankFodder]

On 21/08/2020 at 21:17, TenantJustice said:

Hello,

 

I have received a private message stating the reason I am not allowed to post is that I am using a VPN. Apparently I am not allowed anonymity to use this site. What an absolute disgrace. In this increasingly insecure and very controlled digital world it is vital that VPN's are allowed. You guys need to sort yourselves out and stop being hypersensitive to legitimate security software, which is designed to protect all of us.

 

TenantJustice

 

On 21/08/2020 at 22:29, TenantJustice said:

Hello,

 

Right so to put this in perspective I must use a Hotmail account as my email address, I must not use a VPN at all because according to you they provide no security when of course that is categorically not true and protect millions of people across the world on a daily basis, and I'm also not allowed any form of anonymity and then I can use this platform? 

 

TenantJustice

 

 

 

I've seen the message that you were sent and it's not at all true that you are "not allowed to post" because you are using a VPN. We have no problems with anonymity here – and in fact we ask for so few personal details from anybody that anonymity is scarcely a problem for anyone.

The message which was sent to you basically made it clear that the problems you are experiencing posting were because of the particular way that you are dealing with your VPN or with the VPN that you are using.

Nobody said that you "must use a Hotmail account". It was simply suggested to you that this could be a way forward but I'm sure that there are lots of other ways that you could find without any particular difficulties.

You say that you are "not allowed any form of anonymity" as a condition of using this platform. I'd be very pleased if you would reproduce the part of the message which was sent to you which suggests this.
Maybe you would like to reproduce the entire message so that people can compare what was sent to you against what you claim those messages said.

You seem to express yourself only in imperatives and frankly all you are doing is getting in the way of receiving the help and advice that you apparently require.

We have a huge spam problem on this forum and so we set up various protections which cause scarcely any problem for anyone over the last 15 years of our existence.

I'm afraid that either you are going to have to change the way you are dealing with your quest for anonymity, or else accept some of the inconveniences that you seem to be suffering – but there's really no point coming onto this forum and putting up messages which are by and large untrue.

If you are unhappy with this then there are probably other forums around that may accommodate you a little more easily then we seem able to

[TenantJustice]

20 hours ago, stu007 said:

Hi

 

We really need more information to assist you:

 

1. What type of Tenancy Agreement do you have? (is it for England?, Scotland?, Wales?, Northern Ireland?)

 

2. When did your Tenancy start?

 

3. Is your Tenancy direct with the Landlord or via a Letting/Estate Agent?

 

4. Who sent the S21 and what is the letters wording?

 

5. Are you in Rent Arrears, if so by how many months?

 

 

Hi Stu,

 

Thanks for responding. 

 

1. Assured Shorthold in England

2. It started last June

3. It is via a letting agency

4. The letting agency sent the s21 and I have checked with Shelter who say it's valid

5. I am not in rent arrears

 

Tenant Justice

Edited August 22, 2020 by TenantJustice

[45002]

Who ever is named in your tenancy agreement are the only one who can serve you with a s21

 

Who is named in your TA as landlord ?

 

....

[TenantJustice]

Hello 45002,

 

Yes it's my landlord that is named on both the tenancy agreement and the S21 Notice.

 

TenantJustice

[45002]

Then its LL/LA who collects rent/you pay the rent too and Not an insurance company.

 

Just to add an insurance company has No right to ask or collect rent from you..

Edited August 22, 2020 by 45002

[dx100uk]

[TenantJustice]

Hi,

 

Thanks for the responses again.

 

the fact that the letting agency has told me that if I get into arrears and don't pay rent after one month has lapsed the insurance my landlord has taken out is activated and then they have told me that's the point at which the insurance company will start chasing me for payments,

 

but I don't have to deal with them right?

And they have no right to enter my property no? 

 

TenantJustice

[45002]

You pay rent as stated in your written tenancy agreement, in the TA who does it say you have to pay rent to ?

 

To change that you would have to sign a new TA which your under No legal obligation to sign.

 

Who are you worried about entering your property ?

 

[dx100uk]

no-one can blindly enter your property without a COURT WARRANT.

 

me thinks that letter you have if you read it carefully is a very std threrat-o-gram.

 

doesn't say WILL anything.

 

dx

 

 

[AndyOrch]

Landlord's Rent Guarantee insurance, often referred to as rent protection insurance is a form of cover that acts as a safeguard should your tenants be unable to pay their rent. It helps to ensure that you will still receive your rental income should the unexpected occur.

 

https://homelet.co.uk/landlord-insurance/rent-guarantee#:~:text=Landlord's Rent Guarantee insurance%2C often,income should the unexpected occur.

[TenantJustice]

Hey Andy,

 

Yes I have visited this website before in my bid to understand what powers it gives the insurance company.

I see this is sold to many landlords now especially landlords who have bought to let.

 

However, while there is plenty of information in relation to the advantages for landlords there is very little information for tenants as regards what the insurance policy means in practice for the tenant.

 

Thank you guys also for the previous responses, all noted.

 

TenantJustice

[dx100uk]

it means nothing to the tenant.

to put it mildly, just like things like extended warranties on products or extended motor policy warranties/insurances, in all effect totally useless to a people

they wriggle and get out of actually doing what the buyer thought...and thats pay the non appearing rent or repair the failed product...their T&C's are as long as the bible with exclusions.

 

read that letter carefully...where does it say will....every word but!!

[Ethel Street]

If an insurance company pays out a claim to the policyholder (ie to the Landlord) under a rent guarantee  policy then the insurance company is entitled to take proceedings against the tenant to recover whatever it paid to the landlord.

 

This is a right all insurers  have under any insurance policy, eg under a motor policy. (The technical legal term for it is the that the insurer has the right of "subrogation".) The insurer's right to take proceedings against the tenant is no better than the right the landlord would have had if there had been no rent guarantee insurance policy. The insurance company  takes legal action in the name of the landlord, not in their own name.

 

This right is set out on page 39 of the policy linked to in post #22

 

General Conditions 

 

... the payment of claims is dependent on:

.

.

Your recognition of Our rights...

.

b. to take proceedings in Your name, but at Our expense, to recover for Our benefit the amount of any payment made under this Policy

 

 

 

So in effect the insurance company is acting as agent for the Landlord, and acting in the landlord's name. If the landlord has a right to do something they can authorise the insurer to do it for them. But the insurance company can never have any rights in its own name.