I need Help, housing act 1988 section 21 (4)

max1972

Hi i need help as i have been renting this home for two years and now i have been sent a notice form someone who is not the registerd owner of this property a notice that is called periodic assured shothold tenancy term.
I have been giving the ren to the agents and now the agents have stoped dealing with me as he has said that the landord is not willing to do repairs for 2yrs now he has also stoped dealing with the person who has sent me this notice but is not the registerd owner of the property the owner of this property lives in dubai.
I have wrote back to the solister saying under what grounds are you seeking possesssion as your client has no documents on behalf of the owner to act for him and if youre client has then i am willing to pay rent to her as then youre client is legal for rent.
i am confused as i am pregnant and a lone perent
can some one please advise me

poppy10_2

Only the landlord or his authorized agent can serve a section 21

tbs624

Max - your Council will have a Private Sector Rentals Team with a Tenancy Relations Officer (or similar title) within, or allied to, the Housing .Dept Ring them this morning and tell them that it's urgent. Take any paperwork that you have with you to the appointment. If you can't get through on the phone, then go down to the Council offices and wait to be seen.The dept will always be busy so you'll need to be perisistent.

You could also try for free legal advice here : http://www.clsdirect.org.uk/ or Shelter 0808 800 4444.

max1972

Thanks i will try this

clutton_2

"" I have wrote back to the solister saying under what grounds are you seeking possesssion""

max - once you have established the legality of the person who has written to you - then if they DO have the owners consent - and if this is a solicitor and they have issued a Section 21 notice to you - then the owner does not have to have a reason to want the house back - that is the whole point of the Section 21 - and you will have to leave.

i would start looking for somewhere else to live if i were you - unless you want the council to rehouse you - in which case stay exactly where you are and the LL or his agent will have to go to court to get you out - but you will probably only be housed in an emergency hostel initially.

when is your baby due ?

max1972

Thanks
The Baby is due some time in january 09

mercedesjenz

Hi there, I work for a supported housing project and we both issue Section 21's when we have to, as well as deal with them from the other side (i.e. help tenants who have been issued one).

The above replies are all good advice:
First establish whether the agent is acting on behalf of the landlord. B.t.w. a landlord can legally only be regarded as such if their main address is in the UK. I mention the latter only because you say they live in Dubai.

Second, if the agent is cosher establish whether the Notice is valid. It has to run for at least 2 months and must end at the end of a term of your tenancy. For example, if your rent is due every monday it has to end two months from the date the Notice was issued PLUS the time required to bring it to the end of the term (i.e. the monday after).

As the Notice was issued by a solicitor I think that all the above should be in order, but you never Know...

If I was you I would either contact a solicitor specialising in this area if you qualify for legal assistance or can afford it, or alternatively contact your local Citizens Advice Bureau or Shelter. Bear in mind though, that they tend to very busy so it may take time to see them.

Again, as said above in previous replies, a Section 21 is indefensible. The landlord does not have to give a reason for sending it.

On the other hand, a Section 21 takes a long time to enforce because firstly there is the 2 months plus term of a tenancy (usually weekly, depending on how often rent is due) after which the landlord will have to apply to the courts to be granted Possession. They will have to pay a fee of £150 and all in the process can take from between 2 weeks to a year, depending on when the landlord sends the papers of to the courts. After that the landlord will have to go back to the court to get a bailiffs warrant and to get adate set.
All in the process takes 3 months at least, so you have more time than you probably thought.

However, the above advice to start looking for somewhere new to live is sound. I wouldn't want to live in a place that needs major repairs anyway.

I don't know where you live but in our city there are a number of options available to find a new home.
These include applying with the council and all other housing associations. Bear in mind even if they work together with the council they will also have their own allocations process still running. In our city there is also an "accredited landlord scheme" which is run by the council. Private landlords join the scheme and get vetted by the Council re the state of their properties so prospective tenants can be sure to get good standard accommodation. Another route to look down can be Co-ops (i.e. the owner is the council or a h.a. but the properties are managed by the tenants together.

Anyway, hope this helps

mercedesjenz

Hi there, I work for a supported housing project and we both issue Section 21's when we have to, as well as deal with them from the other side (i.e. help tenants who have been issued one).

The above replies are all good advice:
First establish whether the agent is acting on behalf of the landlord. B.t.w. a landlord can legally only be regarded as such if their main address is in the UK. I mention the latter only because you say they live in Dubai.

Second, if the agent is cosher establish whether the Notice is valid. It has to run for at least 2 months and must end at the end of a term of your tenancy. For example, if your rent is due every monday it has to end two months from the date the Notice was issued PLUS the time required to bring it to the end of the term (i.e. the monday after).

As the Notice was issued by a solicitor I think that all the above should be in order, but you never Know...

If I was you I would either contact a solicitor specialising in this area if you qualify for legal assistance or can afford it, or alternatively contact your local Citizens Advice Bureau or Shelter. Bear in mind though, that they tend to very busy so it may take time to see them.

Again, as said above in previous replies, a Section 21 is indefensible. The landlord does not have to give a reason for sending it.

On the other hand, a Section 21 takes a long time to enforce because firstly there is the 2 months plus term of a tenancy (usually weekly, depending on how often rent is due) after which the landlord will have to apply to the courts to be granted Possession. They will have to pay a fee of £150 and all in the process can take from between 2 weeks to a year, depending on when the landlord sends the papers of to the courts. After that the landlord will have to go back to the court to get a bailiffs warrant and to get adate set.
All in the process takes 3 months at least, so you have more time than you probably thought.

However, the above advice to start looking for somewhere new to live is sound. I wouldn't want to live in a place that needs major repairs anyway.

I don't know where you live but in our city there are a number of options available to find a new home.
These include applying with the council and all other housing associations. Bear in mind even if they work together with the council they will also have their own allocations process still running. In our city there is also an "accredited landlord scheme" which is run by the council. Private landlords join the scheme and get vetted by the Council re the state of their properties so prospective tenants can be sure to get good standard accommodation. Another route to look down can be Co-ops (i.e. the owner is the council or a h.a. but the properties are managed by the tenants together.

Anyway, hope this helps

mercedesjenz

One thing I forgot to mention: if the landlord increases (or decreases) the rent after a Section 21 has been issued the section becomes void, as in effect a new tenancy has been created. I don't think this will be the case in your instance as rent increases usually happen at the beginning of a financial year (i.e. April) but hey, you never know...

Ne00

Hi Mercedesjenz (i'm a newbie) my landlord a Housing association Chiltern Hundreds Charitable Housing Association part of the Paradigm Housing Group served me a section 21 notice twice as "standard practice" and then proposed and enforced a rent increase and then after all of that enforced the section 21 notice is that legitimate