Help Landlord issued Section 21 Notice

Innocent_Guy

Hey all LL has admitted section 21 unenforcable but is still demanding 4 weeks notice. I have advised her this is illegal and breach of our contract however she will not take no for an answer!!! What a pain in the a$$

Any suggestions?

robpitt

Just stand your ground - thats your right.

Warn the LL that if they continue to harrass and pressure you to leave, you will report them to council & police for tenant harrasment.

Innocent_Guy

robpitt wrote: »

Just stand your ground - thats your right.

Warn the LL that if they continue to harrass and pressure you to leave, you will report them to council & police for tenant harrasment.

Will do this constitutes harrasment as she is still emailing me now at 1am!

brightonman123

i hope your deposit is secure / refunded asap!

Innocent_Guy

brightonman123 wrote: »

i hope your deposit is secure / refunded asap!

Will be using as last months rent

franklee

Innocent_Guy wrote: »

Hey all LL has admitted section 21 unenforcable but is still demanding 4 weeks notice. I have advised her this is illegal and breach of our contract however she will not take no for an answer!!! What a pain in the a$$

Any suggestions?

It's good you are communicating by email rather than phone as you can keep all emails to use as evidence. Make sure yours are polite and state your objections so she cannot claim ignorance of your views or that you agreed.

Also if you spot the property for sale then do ring up the selling agent to let them know you are the resident tenant and make sure they know your views on viewings (the notice you require or that you don't have to allow them if you don't want etc.) Otherwise I fear they will just walk in on you.

Do you think she would let an estate agent in without your permission? If so consider getting a shed alarm (a freestanding alarm that would let you know if someone has been in), or perhaps even changing the barrel of the locks making sure you retain the originals and replace them when you leave. Sounds extreme but she has shown a total disregard for your rights.

tbs624

Innocent_guy - your LL sounds like an utter amateur and from what you have posted it is clear that she will continue to pester you until she gets you out.Just looking at what her options may be...........

Her tenancy agreement has some clauses that just wouldn't stand up and, in particular, the one regarding the potential break clause is totally inadequate:

" Twelve months assured shorthold tenancy agreement which has six (6) month break clause (read clause 3.28)" but then clause 3.28 only outlines what costs the T would be liable for if the T gave notice "without valid notice or within the first 6 months of the tenancy" so does not explain how the proposed 6 month break clause should be effected if required by either party. It would normally be a clause that required either party to give 2 months full notice (ie at month 4) that the contract should be ended at the expiry of month 6. (Contrary to someone's suggestion in a previous post a break clause is usually effected by *either* party wishing to end the contract.)

I think it likely that the LL was in trouble with her finances prior to the tenancy agreement and that someone advised her to "stick in a break clause" just in case -she has perhaps thought "Nov - May = 6 months, I'll give him a S21 thingy"?

S8.1 and S8.2 give the standard notice required to use a S8 Ground 1 or 2, except that she has not stated that (a) she wishes to reoccupy the property herself (assuming she originally lived there) or (b) that the mortgagor is repossessing the property. Her making her own decision to give the keys back to the Lender is a different matter.

As regards your tenancy deposit I would insist, in writing, on her getting it registered immediately and, if she then fails to do so, pursue her to court.

Your thoughts on not paying rent are understandable but if your LL got wise & took professional advice, she *may* register your deposit at the last minute & you would leave yourself open to an action for unpaid rent, plus the costs of any justifiable delapidations costs, and a potential CCJ.

Ring the local Council on Monday morning and talk to the private sector rentals team/officer - may just be one Tenancy Relations Officer/Landlord Liasion Officer so always busy but persist, and tell them that your LL is trying to evict you within your Fixed Term. It doesn't cost you anything to use their services - this is exactly the type of matter they are supposed to deal with. They can speak direct to your LL if necessary.

I agree with Franklee that in your circumstances I would change the lock barrels ( keeping the originals to replace later)

Innocent_Guy

It's good you are communicating by email rather than phone as you can keep all emails to use as evidence. Make sure yours are polite and state your objections so she cannot claim ignorance of your views or that you agreed.

My emails have been consitantly professional and factual. OTOH the LL has sent unprofessional emails - to quote LL "You rent so get over it!"

Also if you spot the property for sale then do ring up the selling agent to let them know you are the resident tenant and make sure they know your views on viewings (the notice you require or that you don't have to allow them if you don't want etc.) Otherwise I fear they will just walk in on you.

Do you think she would let an estate agent in without your permission? If so consider getting a shed alarm (a freestanding alarm that would let you know if someone has been in), or perhaps even changing the barrel of the locks making sure you retain the originals and replace them when you leave. Sounds extreme but she has shown a total disregard for your rights.

LL has given my number to estate agents who are constantly harrasing me regarding viewing the property. I have advised them there is a dispute at the moment and to stop contacting me

Innocent_Guy

tbs624 wrote: »

Innocent_guy - your LL sounds like an utter amateur and from what you have posted it is clear that she will continue to pester you until she gets you out.Just looking at what her options may be...........

Her tenancy agreement has some clauses that just wouldn't stand up and, in particular, the one regarding the potential break clause is totally inadequate:

" Twelve months assured shorthold tenancy agreement which has six (6) month break clause (read clause 3.28)" but then clause 3.28 only outlines what costs the T would be liable for if the T gave notice "without valid notice or within the first 6 months of the tenancy" so does not explain how the proposed 6 month break clause should be effected if required by either party. It would normally be a clause that required either party to give 2 months full notice (ie at month 4) that the contract should be ended at the expiry of month 6. (Contrary to someone's suggestion in a previous post a break clause is usually effected by *either* party wishing to end the contract.)

I think it likely that the LL was in trouble with her finances prior to the tenancy agreement and that someone advised her to "stick in a break clause" just in case -she has perhaps thought "Nov - May = 6 months, I'll give him a S21 thingy"?

S8.1 and S8.2 give the standard notice required to use a S8 Ground 1 or 2, except that she has not stated that (a) she wishes to reoccupy the property herself (assuming she originally lived there) or (b) that the mortgagor is repossessing the property. Her making her own decision to give the keys back to the Lender is a different matter.

As regards your tenancy deposit I would insist, in writing, on her getting it registered immediately and, if she then fails to do so, pursue her to court.

Your thoughts on not paying rent are understandable but if your LL got wise & took professional advice, she *may* register your deposit at the last minute & you would leave yourself open to an action for unpaid rent, plus the costs of any justifiable delapidations costs, and a potential CCJ.

Ring the local Council on Monday morning and talk to the private sector rentals team/officer - may just be one Tenancy Relations Officer/Landlord Liasion Officer so always busy but persist, and tell them that your LL is trying to evict you within your Fixed Term. It doesn't cost you anything to use their services - this is exactly the type of matter they are supposed to deal with. They can speak direct to your LL if necessary.

I agree with Franklee that in your circumstances I would change the lock barrels ( keeping the originals to replace later)

Hi there,

I agree LL is an amateur, she doesn't even know what her own contract stipulates.

I will continue to pay rent as the thought of a CCJ haunts me.

I have contacted shelter who advised me that she cannot take the approch that she has and I will contact the council monday

Thanks for your help

tbs624

Innocent_Guy wrote: »

My emails have been consitantly professional and factual. OTOH the LL has sent unprofessional emails - to quote LL "You rent so get over it!"

Appalling, absolutely appalling. Clearly she has not read the manual on "How to be a professional Landlord". Do backup your emails. "Unfortunately", if she is in dire straits with her mortgage & other finances she too may be renting shortly so her words may come back to haunt her.

Innocent_Guy wrote: »

LL has given my number to estate agents who are constantly harrasing me regarding viewing the property. I have advised them there is a dispute at the moment and to stop contacting me

Change your mobile number if necessary (free sim cards avail - see elsewhere on this site). If its the landline leave it on the answerphone but keep a list of times and dates of any "pressure calls". Confirm to the estate agent in writing (politely & keeping copy) that you do not give consent to viewings as you are still within the fixed term of your contract and you are currently seeking advice. Do go & get that lock barrel changed.......