section 21 of the housing act

silvercar

You have to decide what you want. Do you want the landlady to evict you so that you can ask the council to house you as homeless? If so you need to get the landlady to serve you the correct notice.

Remember that councils don't have empty properties tucked away ready to give out to people. When you present as homeless (after correct S21 and court eviction and possibly baliffs) the council may offer you a temporary flat for 28 days while they assess your claim. Even then you could just as easily be housed in a home the council has let from a private landlord for 3 years or given assistance (eg deposit bond) to enable you to rent privately. You may be lucky, but don't assume that a long term council house will be coming your way.

If the landlady ends up issueing court proceedings you could end up with court costs and a CCJ if you fail to pay them, so think what you want carefully. Asking the council to assist you finding a decent private let may be better for you.

nicky143

I wanna leave but i will not go with private landlord again due to this one i know not all are the same but i canot do anything without a section 21 and that is what i am asking for

silvercar

nicky143 wrote: »

I wanna leave but i will not go with private landlord again due to this one i know not all are the same but i canot do anything without a section 21 and that is what i am asking for

You may not have a choice. If the council helps you, that help may be in the form of a deposit bond for a private rental.

Good luck in dealing with your current landlord. Think whether you want to let the council know that without protecting deposit the S21 would not be valid.

Remember that the council is using your fight with the landlord to keep you off its doorstep. everytime the council pushes you back to the landlord by rejecting paperwork, you don't become a problem for it to deal with.

nicky143

i am not telling the council about the section 21 being invalid if she gives me it which if she has any sence she will look in to it and see i am right. I was evening going to get a section 21 myself and fill it in but as someone said if i get found out i will be in more trouble.

But at the end of the tenency when i move i will go to court for it seeing a solicitor on friday to get some advice

Jowo_2

My understanding is that the council gets into contact with the landlord when a tenant applies for assistance as homeless, to verify the reasons why the landlord has given them notice (for example, to determine whether the tenant is beingt evicted because of anti-social behaviour or rent arrears. In this way, the council hopes to identify whether the tenant is eligible for assistance or has made themselves 'intentionally homeless'). This is one reason why you should resist producing fake documentation.

Secondly, if a council has a strong gate-keeping policy and will not act until the landlord has gained a court order for possession (or even when bailiffs are arranged), all that happens if you landlady produces a poor document is that the judge will say its invalid at the day of the court case and your landlady must submit a new one (new 2 month notice) plus a month or two for another court appointment. A high minority of cases fail because the landlord hasn't completed the S21 accurately, that it contains wrong dates, etc. You are in a catch 22 situation - you cannot leave until the landlady issues an S21 and she won't issue one.

If your local council are insistent upon evidence of a court order from your landlady and she can't be bothered to cooperate by issuing a valid one, your local council won't rehouse you until this is done and your landlady will get frustrated that you won't leave on 24 Oct. Therefore, to compound your misery of an unprotected deposit, your landlady may try to illegally evict you (since the only way a landlord can take over a property when a tenant does not leave of their own will is through gaining a court order which she is apathetic about. If her knowledge is poor about protecting deposits, notice periods, etc, it may be similarly ropey about the correct way to get possession).

If you leave on 24th October without this court order, you may find that the council will not assist you because they won't help tenants who they regard as leaving the properties when they did not have to (i.e. the tenants may respect the notice period of the landlord but if its contrary to what the council has ordered the tenant to do (stay put until a court order or valid notice served), then they won't help).

Let the forum know what your solicitor advises.

princeofpounds

The council is doing it's best to keep you out because they only want taxpayers to pay for your accomodation as a last possible resort. That's not unreasonable, although the system is clunky.

You may not get a council house and may well just be forced to find another private tenancy with council support. That's not your choice, it depends on need. But they WILL help you with a proper section 21 notice, so don't panic it WILL work out ok.

But with regards to the current landlady, you certainly don't need to worry about her, but she's stupid as hell.

she told me i do not need these she has done this before and will be taking back the posetiton of the property onn Oct 24th.

She DOES need to issue a proper Section 21 to get you out. She has her dates wrong as told above and cannot issue a valid one until the deposit is protected. You want the deposit protected as if it it not then seeing as she is so unprofessional she might try to steal it.

You CANNOT be evicted from a house without a court order. If they do it, or do things that force you to leave like cut utilities, then they are guilty of illegal eviction. This is a CRIMINAL offence, with a fine for certain and maybe a prison sentence, and you will get compensation.

So if she does turn up to take possession, call the police, say you are being illegally evicted. Some police are a bit sketchy on the law and think it is a civil dispute as most tenancy law is civil, but be firm that it is a criminal act and ask to speak to a supervising officer if they aren't that helpful. They will probably come around and caution the LL, and will arrest her if she persists.

Also i have made myself homeless by only signing a 6 months tenency and so made myself homeless and that means the council will not rehouse me.

That's a load of rubbish. You only make yourself intentionally homeless by not paying rent you can pay or leaving without a proper Section 21.

I have kids and this is casusing me nothing but sleepless nights i wanna move and frightened for the 24th oct

It's hard I know, but you cannot be evicted by the LL so don't worry. I suggest you write a letter, send it to her recorded delivery, stating that

- she wants you to leave.
- you are perfectly happy to accept a proper section 21 procedure. You cannot leave without one as the council will class you intentionally homeless.
- she cannot issue a proper section 21 without protecting your deposit.
- she cannot legally evict you without a court order following from the section 21 procedure
- if she does try to evict you she is in danger or committing illegal eviction, which is a criminal offence carrying a fine and potential custodial sentence.
- if she attempts to harrass you then you will also report her conduct to the police and retain a lawyer.
- that you want to save her a big headache and are advising her of the easiest possible legal way of everyone being happy, but that she is shooting herself in the foot with her conduct (in more formal terms!) and that you cannot understand why she is being so difficult when it doesn't have to be that way.
- Suggest that she seeks legal advice, which you believe will confirm everything you have told her and help her act in the correct way.

This will set out a lot of evidence that in the event of harrassment or illegal eviction will really screw her over. It might also cause her to think about what she is doing. Eventually you will get your section 21.

clutton_2

whilst prince....'s post is most useful, i would respectfully suggest that OP needs someone else to write her letters for her - please OP either go to the CAB or to the Council Private Sector Rental Officer and ask them to write to your landlord for you - that is their job - that is what they do

I am a LL oif 10 years and you have been given some very good advice here - your LL CANNOT get you out without a court order, so try not to worry.

if you want more peace of mind, change the lock on the front door, to give you more secutiry - but do keep the old one so that you can replace it when you leave

nicky143

Thanks all

I went into the council office yesterday explained my situation the man was very helpfull. He went off to ring the landlady and explain about the section 21.
When he came back he told me no joy she is not having any of it she is going to see her solicitor but she will get a section 21 and back date it he told her she cannot do that was was very rude to him he just told her to see her solicitor and get him to fill in the section 21 then she knows it has been done proplerly.
Im glad she was rude to him shows her in her real colours he said he would fast track my application and let him know what the solicitor says when i go next week. I expected the section 21 today but nothing.

BitterAndTwisted

If you're very, very lucky the LL will be too stupid and stubborn to consult a solicitor and you'll be OK for the time being.

I'm sure you feel an awful lot better now that you've actively taken steps to resolve this issue having the plain facts at hand. I'd put a tenner on it that you'll still be there by Christmas, so please do have a really merry one!

ETA: I think you should take princeofpounds' advice and get a letter written to the LL and sent by recorded delivery stating precisely what he's suggested. Then you have documentary proof which you may need to refer to or present as evidence in the future. Please don't rely on phone calls made on your behalf by the local authority. Notes are not always accurately taken or made available

franklee

In addition to writing letters, I suggest you keep a diary of all events, phone calls to LL and anyone else, visits to council etc. Put date/time, name of person you spoke to and a summary of what was said. Keep it up to date as evidence of what happened.

By her she does not know why i am getting clever as i will come unstuck i have messed with the wrong person I'd be concerned that she may attempt an illegal eviction. Worth changing the lock barrels IMO. Otherwise she may let herself in on or after 25th of Oct and change the locks on you. I know the posts above are correct that illegal eviction is wrong but it's still not something you want to have to deal with if it can be prevented.