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

[AndyOrch]

Correct Ethel thats why I posted the link to show how this third party connects to the matter and how they are entitled to serve the section 21 Notice.

Apart from that its  irrelevant who served form 6a .....as long as its signed by either the Landlord or Landlords Agent.

[45002]

TenantJustice

 

Could you please answer these questions as per post #20

 

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 ?

 

Thank you in advance....

 

....

[TenantJustice]

Hi Ethel,

 

Thanks for explaining this, I'm very grateful. Can I assume that the insurance company in pursuit of alleged rental arrears can only pursue their action within the same legal framework as if the landlord was doing it by himself? So the insurance company has to comply with the serving of a Section 21 then apply to the court for a Possession Order etc? 

 

TenantJustice

 

 

[TenantJustice]

Hello 45002,

 

Yes I said that the landlord's name is both on the tenancy agreement, if that's what you mean by TA, and on the S21 Notice. I am worried about the insurance company and what powers they have to enforce a potential non-payment of rent.

 

I just checked the tenancy agreement, apologies I think I misinterpreted what you were asking.

The agreement says I have to pay my rent to the landlord's agent, in this case the letting agency. 

 

TenantJustice

 

[45002]

Assuming you Not signed a new tenancy agreement since or signed any other documents that's who you pay the rent to letting agency.

 

Insurance company have No rights over your tenancy.

 

This would only change if you agreed to sign a new TA and stated you have to pay rent to an Insurance company.

 

As I said early your under No legal obligation to sign a new TA or any other documents....

 

IMHO.

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[Ethel Street]

24 minutes ago, TenantJustice said:

Thanks for explaining this, I'm very grateful. Can I assume that the insurance company in pursuit of alleged rental arrears can only pursue their action within the same legal framework as if the landlord was doing it by himself? So the insurance company has to comply with the serving of a Section 21 then apply to the court for a Possession Order etc? 

 

Put simply, the insurance company has no rights or powers greater than those the landlord would have if the landlord had no insurance at all. And the insurer can only act, in effect, as an agent of the landlord, ie it can only do things that the landlord could do himself if he had no insurance, and whatever the insurer does is done in the name of the landlord. 

 

What's more, the insurer can (generally speaking) only take action if it has paid a claim to the landlord under the landlord's rent guarantee policy. Then it can seek to recover from you what it has paid to the landlord. 

[unclebulgaria67]

It is possible that the Landlords Insurance policy has a legal expenses cover and  it is the legal cover that is being used to assist with the S21 process.  But all actions are being taken in the landlords name and on the landlords instructions. 

 

So it appears to me that you need to be asking the Landlord to explain what they are up to.

 

Government website on S21 use

 

https://www.gov.uk/evicting-tenants/section-21-and-section-8-notices

 

 

[TenantJustice]

Hello,

 

Thank you to everyone who has contributed.

 

As far as I can tell it seems that any insurance company seeking to enforce a rent payment from a tenant, after issuing a payment of claim to a landlord, has the same powers as any other debt collector.

 

Therefore they can send letters and emails, make phone calls and even visit my property but they have no right of entry.

I wanted to understand what their powers are and now I think I do.

 

Life is already difficult enough in Britain if you are a tenant and forced to live in rented property, and things are getting worse not better.

 

Property prices in this country mean I will probably always have to rent and now that 80-90% of all landlords use letting agencies it seems that these agencies have now managed to attain a position of great power, where they can impose all sorts of conditions on tenants and make our lives a misery while the law sits idle.

This should never have been allowed to happen and something needs to change.

 

Letting agencies operate in a cartel manner nowadays and they all collude to create new rules every year so they all operate in the same capacity. The banning of letting agency fees simply meant landlords increased their rents to cover the costs.

 

However, it was worse than that as most landlords saw the ban as an opportunity to make even more money and increase their rents much higher than simply covering costs of the letting fees for letting agents. The whole property rental market is rigged and corrupt. 

 

Thank you again for all your help and advice, I am very grateful to you all.

 

TenantJustice

[45002]

1 hour ago, TenantJustice said:

has the same powers as any other debt collector.

 

 

TenantJustice

 

DCA "debt collector" have Zero powers.

 

Ignore them if they contact you, don't speak to them, don't contact them, don't write or Email them.

 

Insurance company, Ignore them if they contact you, don't speak to them, don't contact them, don't write or Email them.

 

Pay your Rent as per your written tenancy agreement.

 

My apologies in advance and sorry to be blunt.

 

Stop worrying about the insurance company, Forget about them ...

 

and

 

As you been issued a s21 notice, I would start looking for somewhere else to live ASAP.

 

Good Luck

 

 

 

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Edited August 24, 2020 by 45002
stressed out !