Help Landlord issued Section 21 Notice

barnaby-bear

Innocent_Guy wrote: »

Shelter perminantly busy!

The majority of councils have a private rental/lettings officer who checks up on the gas certificates/HMOs and dodgy contracts - often under environmental health division - usually quite good.... If your LL is a t^^t HMRC tax evasion hotline usually worht a punt after the event for revenge - a lot of these basketcases haven't been paying tax on the rental income and tightening the screw might be fun - HMRC a lot harder to wriggle from than most....

Innocent_Guy

byebyedebt wrote: »

Spot on advice by Withabix. If the lender has not given permission to let you could have a problem, but as you only have a few months to go dont panic yet. If they have given permission you should be ok.

Make sure you open all post addressed to "The occupier" as any notices addressed to the tenants will be addressed as such. This is a legal formality.

Make sure your rent is paid on the day due. That might help your landlords possible cash flow problem! and remove any excuses to evict you.



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I will ensure that rent is paid on time and open mail accordingly

Thanks

Innocent_Guy

barnaby-bear wrote: »

The majority of councils have a private rental/lettings officer who checks up on the gas certificates/HMOs and dodgy contracts - often under environmental health division - usually quite good.... If your LL is a t^^t HMRC tax evasion hotline usually worht a punt after the event for revenge - a lot of these basketcases haven't been paying tax on the rental income and tightening the screw might be fun - HMRC a lot harder to wriggle from than most....

I'm sure she would be very impressed!

franklee

Innocent_Guy wrote: »

BTW I have now added the S21(b) notice to the OP

It says:

(3) Date of expiry after
(Note 3)

But there is no date filled in

Did you blank it out or is there no date???!!!

If there isn't a date then the S21 is invalid in any case.

Note (3) is wrong as well as the length of the notice must be at least two months not one month.

What kind of an idiot landlord have you got?

Innocent_Guy

franklee wrote: »

It says:

(3) Date of expiry after
(Note 3)

But there is no date filled in

Did you blank it out or is there no date???!!!

If there isn't a date then the S21 is invalid in any case.

Note (3) is wrong as well as the length of the notice must be at least two months not one month.

What kind of an idiot landlord have you got?

This date is not filled in, I haven't blanked it out.

I have been advised by a user on CAG that she has changed the 2 months to 1.

LL is a complete idiot, has been informal from the beginning and sent me a two line email with s21 attached today!!

Doesn't LL have to post it anyway?

silvercar

If the LL is just trying it on it may be easiest to inform her that you know your rights and you have no intention leaving until the 12 months is up.

Sparky67

What constitutes proper service of a Notice depends on what it says in the tenancy - some stipulate a method of posting, otherwise just giving it to you would be sufficient. However, it must state a date, and it must give 2 months notice, regardless of what the landlord might try and put in the tenancy.

Also, just to throw something else in the mix - have you paid a deposit? If so, have you been notified where the deposit is being held (Tenancy Deposit Scheme). If not, the the Landlord can't serve a Section 21 Notice anyway, not even a properly drafted one!

Sparky67

Just had a quick look at the Tenancy - the Landlord cannot get you out before the 12 month period unless you are at fault. He could issue a Section 8 Notice to get an eviction through the court after 6 months, but you would have to have broken the agreement (eg anti-social behaviour, rent arrears, trashing the place etc etc).

You are in more difficulty if it is repossessed as that does change things slightly, but the Court would still have to be involved.

It mentions you have paid a deposit, but nothing about the required information under the Tenancy Deposit Scheme. Unless you have been given that in another document, then your Landlord is on a bit of a stickly wicket.

Innocent_Guy

silvercar wrote: »

If the LL is just trying it on it may be easiest to inform her that you know your rights and you have no intention leaving until the 12 months is up.

I will do. She is in for a shock

Innocent_Guy

Sparky67 wrote: »

What constitutes proper service of a Notice depends on what it says in the tenancy - some stipulate a method of posting, otherwise just giving it to you would be sufficient. However, it must state a date, and it must give 2 months notice, regardless of what the landlord might try and put in the tenancy.

Also, just to throw something else in the mix - have you paid a deposit? If so, have you been notified where the deposit is being held (Tenancy Deposit Scheme). If not, the the Landlord can't serve a Section 21 Notice anyway, not even a properly drafted one!

I did pay a depost. The LL is suggesting this is used for the remainder of the rent. I assume she hasn't got this available