Retaliatory Eviction, Section 21 and Selling Property

Possession - Section 8 and Section 21

Dear All,

Does anyone have any experience of the above?

I want to issue a S21. But she has complained about a small rip in the flooring a few months ago. I have immediately covered it with a new mat (the old one mysteriously went missing) so there is no harzard. I have got some quotes through my agent both at £2,200 to replace the vinyl in the kitchen of a 3 bed semi. Total rip off. I have my own quote for £400 but they won't move the appliances!

I have now put the property on the market with an online agent. Under the Deregulation Act 2015 Section 34 (2)-(5) it states if the property is "genuinely on the market for sale" then the retaliatory eviction rules in Section 33 do not apply.

The online agent has it advertised on Rightmove and Zoopla. What more could a judge look for in terms of being "genuinely on the market for sale"? There is no board outside - lots of people don't have them. I can't yet as the tenant doesn't know it's just gone up for sale. What else could a judge look for? What more does a landlord have to do to prove it's for sale???

I have a solicitor who I kept in the loop about repairs. I told them I was putting it on the market. On Monday I called them and told them this again but they have yesterday given me a 'mixed up email' confirming all of the retaliatory rules, also now acknowledging those rules wouldn't apply if the property is for sale, but then in a separate paragraph offering to look into the nature of the repairs as whether they could be defended for £700+VAT. Of course the end result will be me being told they recommend there's a risk of retaliatory eviction defence and here's your bill for £840 for telling you what you already knew.

Basically - Property for sale = No retaliatory eviction rules - right? or wrong?

Is my solicitor just muddying the water in their response and trying to cover up they should have told me the retaliatory rules would not apply already, or are they trying to milk me for money like my last solicitor asking for more money to do things that weren't even required?

I have a dreadful tenant. Constantly complaining and reporting repairs since the fixed term ended. I want her out, and me out to! Due the the endless landlord bashing, rising costs, late rent payments and that * Michael Gove's 'fairer rent' report I have decided to sell and get out.

Thank you.