section 21 advice

Twinmummy_3

Hi all am hoping you can help:)

We signed a 6 month ast which runs out at the end of the month, the landlord is happy for us to continue renting and we are happy staying.
The letting agent wrote to us saying that we need to sign a new 6 month ast costing us £150, we asked if it was possible just to stay on a rolling periodic but they said no.
They then sent us a section21 notice and we contacted them and said we are happy to sign the new contract aslong as the boiler is fixed (we have to have it on constant so that it doesnt pack up and have just had a nearly £500 gas bill!!) they said they would cancel the section 21 and draw up the contract and that the engineer would be in contact shortly.
Weare not happy to sign unless we either have written confirmation that boiler will be fixed or till we fix a date for it to be fixed on so have a feeling they will carry on with section21.

On close inspection it isnt actually signed by anyone so is it actually legally binding or are they just trying to scare us?
If it isnt legal am I right in thinking they must issue a new one with 2 months notice?

TIA

N79

It does not need to be signed.

Twinmummy_3

ok thanks
Also it is dated 14th April 2010 and date of expiry is after 19th may 2010, dont they have to give 2 months notice not just 1?

<sebb>

Yes they have to give two months notice, so looks like your section 21 is invalid.

ILW

Surely the boiler should have been fixed regardless.

N79

Twinmummy wrote: »

ok thanks
Also it is dated 14th April 2010 and date of expiry is after 19th may 2010, dont they have to give 2 months notice not just 1?

Correct - the notice you have is invalid.

N79

ILW wrote: »

Surely the boiler should have been fixed regardless.

Not wanting to defend the indefensible but from the OP is sounds like this is a timing / control unit fault not a boiler fault. Since the boiler works (albeit it has to be on all the time) and if there is a valid gas safety certificate and the boiler is safe then the LL has fulfilled their obligations.

BitterAndTwisted

The agents have said "no" to a rolling periodic tenancy as it's not in their interest: because then they won't be able to charge you that £150 for drawing up a new AST.


Speak directly to your landlord about going onto a rolling periodic rather than the agents. If you stay just one day later than the last day of the AST you will go onto a periodic automatically. The Section 21 has been issued to prevent just that happening. Does your landlord know that his agents have issued the S21?

Twinmummy_3

The have told us that they have asked the Landlord and he has said no to periodic whether they are telling the truth is another matter!

The boiler was playing up when we moved in and the engineer said that the boiler was too small for the house and that the landlord was aware of the problem and was hoping to ride it out till the summer before fixing it. He said the boiler would probably last out but that we needed to keep it on constant or it may have trouble switching back on!

So if the section 21 is invalid does that mean that they must reissue another with 2 months notice? ie cant make us leave until july?

pyueck

BitterAndTwisted wrote: »

The agents have said "no" to a rolling periodic tenancy as it's not in their interest: because then they won't be able to charge you that £150 for drawing up a new AST.


Speak directly to your landlord about going onto a rolling periodic rather than the agents. If you stay just one day later than the last day of the AST you will go onto a periodic automatically. The Section 21 has been issued to prevent just that happening. Does your landlord know that his agents have issued the S21?

Agreed speak to the landlord, say that you are happy to stay, but unwilling to pay the agents fee. There is no way the landlord will be unhappy as none of that £150 will be going in his pocket. The section 21 is invalid as it is not dated correctly and is not worth the paper it is written on.

With regard to the boiler the landlord does have an obligation to repair, even if there is a gas safety certificate and even if the damage is to a control unit and not the boiler itself. L&T act 1985, section 11 reads:
(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity)
Clearly this applies to any installation for the supply of gas and not just a boiler. Write a letter to the agent saying that it needs to be repaired within a reasonable time, this is a completely separate issue from the renewal. If the LL tries to use your request to have the property maintained as a reason for not renewing your tenancy, then he's such a bad landlord it is probably best to leave anyway.

N79

Twinmummy wrote: »

The have told us that they have asked the Landlord and he has said no to periodic whether they are telling the truth is another matter!

The boiler was playing up when we moved in and the engineer said that the boiler was too small for the house and that the landlord was aware of the problem and was hoping to ride it out till the summer before fixing it. He said the boiler would probably last out but that we needed to keep it on constant or it may have trouble switching back on!

So if the section 21 is invalid does that mean that they must reissue another with 2 months notice? ie cant make us leave until july?

Assuming that the last day of a period of your tenancy is the 19th of the month and that a new notice is issued on or before the 19th May then yes, the earliest day it could expire if the 19th July. Of course if you keep quite then they not find out their mistake until after the 19th of May in which case the earliest a new notice could expire would be the 19th August.