Help Landlord issued Section 21 Notice

Notlob

barnaby-bear wrote: »

Not really a wide range - arrears and getting an ASBO from the council but nothing to suggest tenant has any such issues...... basically the tenant has to be seriously in breach of contract not that the LL is a financial basketcase who wants to sell....

Follow this link http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html

Ground 1 could apply, ground 2 might also. Both these are mandatory and have nothing to do with breach of contract.

Notlob

silvercar

Landlord has enough time to now protect or return deposit and then issue correct S21, requiring you out at the end of the fixed term.

The writing is on the wall, your choice whether you stay til the end of the fixed term or agree with the landlord to end tenancy early.

Innocent_Guy

Notlob wrote: »

Follow this link http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html

Ground 1 could apply, ground 2 might also. Both these are mandatory and have nothing to do with breach of contract.

Notlob

I get the impression from that the we have to be at the end of term tho.

Innocent_Guy

silvercar wrote: »

Landlord has enough time to now protect or return deposit and then issue correct S21, requiring you out at the end of the fixed term.

The writing is on the wall, your choice whether you stay til the end of the fixed term or agree with the landlord to end tenancy early.

I will move out at the end of my term however it is not convenient nor financially viable for me to move at the moment

franklee

Innocent_Guy wrote: »

I will move out at the end of my term however it is not convenient nor financially viable for me to move at the moment

Quite right, that's one of the things I don't get about the you will have to move anyway brigade, they don't seem to understand that moving takes planning and costs money and a few months here or there can make all the difference to how smoothly it goes. Also the longer you stay in each place the more you cut down the overall number of moves you have to make should this happen again, even one move less saves a heap of costs and hassle.

On a wider point I do think it rubbish that a good tenant who always pays on time has so little security of tenure and has to keep facing the kind of crap you are getting. Still that's the lot of a tenant in these days of amateur, wanting to get rich quick, it's my pension innit, panic when prices fall, can't really afford to let landlords.

Ulfar

If the landlord puts the deposit into TDS to enable a correct issue of a s21 to terminate the tenancy at 12 months that is a positive result as it means the deposit is covered.

If the landlord hasn't got the money then they are out of luck.

You are going to end up moving and without your deposit protected I don't think you will get it back as the Landlord is obviously in trouble. I would pay the £3 to land registry to find out which bank the mortgage is with and make their legal team aware that you are a tenant.

Innocent_Guy

Ulfar wrote: »

If the landlord puts the deposit into TDS to enable a correct issue of a s21 to terminate the tenancy at 12 months that is a positive result as it means the deposit is covered.

If the landlord hasn't got the money then they are out of luck.

You are going to end up moving and without your deposit protected I don't think you will get it back as the Landlord is obviously in trouble. I would pay the £3 to land registry to find out which bank the mortgage is with and make their legal team aware that you are a tenant.

I'm not to bother about the return of the deposit as I will not pay for the last months rent or something to claw it back

Thanks tho

never-in-doubt

franklee wrote: »

Quite right, that's one of the things I don't get about the you will have to move anyway brigade, they don't seem to understand that moving takes planning and costs money and a few months here or there can make all the difference to how smoothly it goes. Also the longer you stay in each place the more you cut down the overall number of moves you have to make should this happen again, even one move less saves a heap of costs and hassle.

On a wider point I do think it rubbish that a good tenant who always pays on time has so little security of tenure and has to keep facing the kind of crap you are getting. Still that's the lot of a tenant in these days of amateur, wanting to get rich quick, it's my pension innit, panic when prices fall, can't really afford to let landlords.

Ok, so the best advice would be to accept the s.21 and retain the next two months rent and agree to repay say 30% of one month and keep the other as refund of deposit.

This way innocent is in control..... the landlady can't kick him out any faster for not having the rent LOL... plus the 30% would help to pay for removals etc...

robpw2

never-in-doubt wrote: »

Ok, so the best advice would be to accept the s.21 and retain the next two months rent and agree to repay say 30% of one month and keep the other as refund of deposit.

This way innocent is in control..... the landlady can't kick him out any faster for not having the rent LOL... plus the 30% would help to pay for removals etc...

what drugs have you taken .. or perhaps not taken

franklee

never-in-doubt wrote: »

Ok, so the best advice would be to accept the s.21 and retain the next two months rent and agree to repay say 30% of one month and keep the other as refund of deposit.

This way innocent is in control..... the landlady can't kick him out any faster for not having the rent LOL... plus the 30% would help to pay for removals etc...

Of course it is possible to cut a deal with the landlord but if doing so it's essential that the tenant get the landlord's agreement in writing. Anything done over the phone can get conveniently "forgotten" which could leave the departing tenant liable for rent till the end of the fixed term, particularly in the OP's case where the S21 wasn't even dated so officially the OP doesn't even know what date the landlord is requesting possession. Of course I'd only deal if it was convenient and there was adequate compensation for giving up some of the fixed term.