Nightmare landlord

pyueck

I am having a real problem with out landlord and letting agent and would be grateful of some advice.

About a month ago when using the shower, the tile at the side just caved in, into an empty space. We phoned the agent immidiately to tell them and they said they would send somebody round. A week later the landlord came round and said somebody must have pushed it in and it was our fault and we would need to 'make good'. We explained that we had just been using the shower in a normal way, resting a hand on the tiles and they should not give way like that. Two days later he came round with a friend and stood there saying to each other 'oh yes that must have been pushed in, its their fault'. Next day the agent e-mails us to say that the landlord expects us to pay for it.

At this point I get some advice off Shelter who advise that under the landlord and tenants act we are not liable for the damage as it is a structural fault of the property.

I replied to the agents e-mail and say we are not paying it because of the advice we have been given.

About 2 weeks before all this we responded to a letter from the agent asking us to renew our AST for another 6 months. We had sent it back accepting this.

The agent replied to my e-mail saying that a section 21 notice has been issued. I phoned him up as I had not received one and was told it was at the back of the tenancy agreement that we signed when we moved in and expires in two weeks! We then got a letter telling us as a section 21 notice had been issued we were expected to be out in two weeks. He also said the tenancy renewal form was just a questionnaire and wasn't binding (this is despite it saying on the form that it contractually obliges us to pay the rent for 6 months!).

What should I do. I don't think I want to stay in the flat as I don't want to deal with the landlord or agent, but I can't find somewhere new in two weeks! Do I have to move out? Can I claim compensation? Is our tenancy renewal really invalid?

Fire_Fox

Was your deposit lodged with one of the three schemes before the S21 notice was issued (check date on S21 and on deposit certificate)? If not the S21 is not valid. The S21 is merely a notice that the landlord will seek possession not actually an eviction notice IYSWIM, only the courts can evict you but obviously it is in nobody's interests to let things escalate that far. You will have to move out if the landlord wants you to, it is more a case of when. Do you have a photocopy of the questionnaire you signed? If not ask for one. If you unsure about the wording scan it in, remove all person info and post it here.

If your S21 is valid ... To enforce the S21 the landlord will have to wait a few days (someone else will confirm how long) before applying to the court to have the S21 enforced so you should have about a month from now to find a new place. I would try to be out before the landlord applied to the small claims court so you do not incur extra charges. I suspect you will have a battle over your damage deposit, but don't panic as the arbitration system is there to help you. From now on do everything in writing or by e-mail and keep a copy. If you are telephoned, politely ask them to write or e-mail you and repeat yourself if they do bnot understand.

cabbage

Hi

check out the sticky re renting a property which deals with Section 21 notices issued at the start of the tenancy.

This states

3. Take care if you are issued with a "Section 21" notice at the very beginning of your tenancy. The S21 is a legal document issued by the LL/LA which gives tenants two months notice that they must vacate the property, and is usually used near the end of a tenancy. However if one is issued at the start of a tenancy, then in theory the landlord does not need to give two months notice to evict tenants at the end of the fixed term rental period.

I would go back to shelter to get this confirmed.

G_M

As Firefox states, your S21 notice may be invalid:

It is invalid if it was served BEFORE your deposit was placed in a deposit scheme. Since you probobly paid your deposit at the same time as signing the contract (and receiving the S21) the deposit could not have been registered before the s21 - is this the case?

It is also invalid if it is served before the tenancy starts, or on the same day.

see here.

Firefox is also right to say it will take the LL some time to get a court to order you to leave, even asuming he has followed the S21 process correctly.

Best thing you can do is start looking for somewhere, not panic, not be pressurised into leaving in 2 weeks (you canNOT be evicted on that date without a court order!).

As for the damage and deposit, asuming the deposit is registered, there is an arbitration process. If it is not, then a) the S21 is definately invalid and b) the LL has broken the law and can be made to pay you 3 x the deposit.