Served With A Section 21 Eviction Notice

draven_girl

After some help and advise really.

We have been served by a Section 21 (4)(a) eviction notice due to intimidating behaviour according to my landlord and given till March 30th to vacate our flat.

We live in a terrace house with five flats contained within it, we are on the top floor, the entire street is the same, containing about fifty houses on our side of the street.

We have been having ongoing problems with our neighbour downstairs, who bangs on her ceiling (our floor) if she considers we make too much noise. We are both working professionals and not in the flat from 8am-7pm each day.

Unfortunately the walls are thin and she bangs if they make noise in either of the properties next to us on our floor (with the assumption it is us)

She even bangs when we have gone to bed and are not even making any noise, at some points this has gone on till 1-2am keeping me awake!

Last weekend she was banging whilst I was working on my laptop and my partner was watching television, it was actually next door who were doing the banging around.

We have constantly contacted our landlord about her banging, but they have told us they cannot police the property, and nothing has happened.

So following on from this my partner went downstairs to advise her it was not us making noise, but the people in the property next door.

She would not answer her door and proceeded to swear at my partner through her closed door, very helpful and a great way to resolve the situation.

The neighbour came out opposite, and asked what was going on, my partner explained the noise was coming from next door and not us.

I leave for work thismorning, less than a week later to find a notice of eviction due to agressive behaviour.

My partners behaviour was certainly not agressive, and we were trying to resolve an ongoing situation, which my landlord has not.

Can anyone give me any advise on this, do I have a leg to stand on if he's given reasonable time before eviting us?

Should there not have been a warning?

I've called the letting agents first thing thismorning, and asked to speak to our landlord, that was at 10am and I have still not heard from him now at 1pm.

I can't believe a situation of trying to make resolve with our neighbour has resulted in us getting evited!

HELP!

BitterAndTwisted

Do you have a tenancy agreement and if so, when was it signed and how long was it for?

Jowo_2

As long as the notice has been correctly served, it is valid. Despite the background that prompted it, it's known as a 'no fault' notice and so long as the landlord has completed it correctly, if the tenants do not leave at the end of the notice period and the landlord takes them to court, the judge has no discretion and has to award possession to the landlord.

Having said that, a large minority of S21s get thrown out from court because the landlord has completed them incorrectly. That's why BitterAndTwisted's questions are pertinent.

draven_girl

Our tenancy agreement was for an initial period of six months on Jan 30th 2009, but 'apparently' they don't extend them past this, according to our landlord one of his tennants has been in a property under a six month contract for 12 years!

We have two give two months notice if we wanted to move out.

I'd just like to point out we've always paid our rent on time too.

I'm so stressed out I really don't need the hassle of finding somewhere else and moving out!!!!!!!!!!!!

snapping_crocodile

To try and add apositive note to this, maybe forcing your hand to move out may enable you to find somewhere where the neighbours are more considerate

draven_girl

Well i'm waiting to speak with my landlord to try and resolve the problem. We haven't been spoken to about the situation in personal, phone or email, just 'served' as they say.

Does this effect anything else like credit or getting a mortgage in the future???

Jowo_2

You are periodic tenants. I believe that landlords have to issue 2 months notice (timed to expire with the rental period) whereas tenants have to issue 1 month notice to the landlord (when rent is paid monthly).

Hopefully, your landlord can be persuaded its a case of mistaken identity. Is there anyway the other neighbour could vouch to your version of events, perhaps write a letter to explain that the neighbour who complained is actually the abusive one and that you are good tenants/neighbours?

ET1976

Regardless of the legalities of the situation, I would be out of there ASAP anyway. This landlord doesn't sound like someone you would want to continue a relationship with, and it doesn't sound like somewhere pleasant to live anyway.

BitterAndTwisted

If you initially signed an Assured Shorthold Tenancy agreement for 6 months 12 months ago you have automatically gone onto a rolling periodic one and the landlord can issue you with a Section 21 for any reason they see fit or no reason at all.

If you really, really want to stay in this property you could consider writing to the landlord and explaining, very dispassionately, why you think the difficulty with the downstairs neighbour has come about. Kindly note that is NOT the landlord's responsibility to involve themselves with disputes between tenants, that's for you to sort out between yourselves.

I'd start looking for a new flat now

ETA: No, this will not affect your ability to get a mortgage in future or your credit-rating but it might affect your ability to get a decent reference from your current landlord should a new landlord want one.

Jowo_2

draven_girl wrote: »

Does this effect anything else like credit or getting a mortgage in the future???

No, its just the termination of a contract, nothing to do with credit ratings. Things like defaulting on payments, debts, CCJs are factors that affect your credit. I think not being on the electoral register can be a negative factor (I could be wrong) as this helps to prove your residency (past addresses).

What you may experience is a bad reference to your next landlord or problems when you explain that you are leaving your current accommodation because the landlord served notice on you following a dispute with a neighbour...

patchwork_cat

TBH would you not be better to just get out, this situation sounds terrible. The LL for whatever reason has not listened to your complaints, but has listened to the old ladies, so I would just move.