Advice re section 21 order

tbs624

Have you checked whether your tenancy *is* an AST? (assured shorthold tenancy) .

If it definitely is, have you been on a statutory perioidc tenancy agreement, ie running from month to month, after your original Fixed Term expired? If you have been asked to sign up for a new Fixed Term at any point, was one of those occurences after 6 April 2007?

If yes (and am assuming property is Eng/Wales) then your tenancy deposit, if you paid one, should have been scheme registered at that point and you should have been given the scheme's prescribed information.

If there's a deposit which should have been registered but has not been, then that s21 notice of intent to repossess will be invalid.

clowe74

We moved in 22 March 1997 so miss out on alot of what you mention, CAB did check that out for us.
We never paid any kind of deposit, only ever signed a form she typed up herself shortly before we got the keys.

HB agrees, we do not want her walking round and making comment on how we live (not thats it bad by any means, but it is still our home for now) so I will text the daughter tomorrow and say we have been advised we do not need to let them in.
Have also now started wondering if it is for the daughter herself to move into. I know she moved away a number of years ago but if she is wanting back it would be perfect for her

Ankatden

It is quite probable that it is for the daughter as parents do things like that and difficult to criticise someone for doing this.

Bottom line is your agreement is with mother not daughter so if daughter keeps sticking oar in then remind her that she has NO stake in it and any change on agreement that she is acting for her mother needs to be duly notified before you will take account of it.

tbs624

Ankatden - the OP probably has enough on her plate without setting herself up in an unnecessarily antagonistic battle. The mother as LL can choose to nominate her own daughter as her "agent" if she wishes.

Your comment

I would suggest to daughter that her comment regarding looking for damage is offensive given you have been there for 13 years and needs to look at her hostile attitude, if nothing else it stops her thinking she holds all the cards.

seems "hostile" in itself.

The LL/her daughter may have worded things poorly to the T/OP but it's likely to be counter productive to escalate things to an all out battle.

clowe74

The daughter has rang again twice to which I very childishly ignored, am about to text her to say that we feel it wuld be better if they waited until we had moved out before they came to look round as it would cause alot of unncessary upset to my children.

God I hate this:sad:

tbs624

If that is your decision then, rather than text, do it formally in writing, politely but firmly. Keep a copy.


The LL does have a right to inspect the property from time to time, to comply with their own repairing obligations under s11 of the LL&T Act 1985, but if you refuse access for that then their only real option is to seek a court order to enforce that access but it 's unlikely that they'd do that at this late stage.

Out,_Vile_Jelly

Could you not come to a sensible compromise, such as you taking pictures of each room and emailing them to the LL? Or arranging a visit when your child is out of the house? Using the word "damage" was a bit clumsy, but it's not unreasonable for them to want an idea of how much the property might need sprucing up before being sold- have they seen the inside of it at all in 13 years?

Keep everything professional and in writing. Business should not be conducted by text message.

clowe74

Our LL has never bothered with us for 13 years, never been in, nothing. Rent was paid on time and she just kind of left us to get on.
Have not heard any more from either of them since I last text but I am fully expecting them to just turn up at the weekend

G_M

clowe74 wrote: »

Do we have to let them in? I do not feel comfortable at all having them in the house lookijg round especially while the children are there and still know nothing about this yet.

Simple answer. No.

And as you never signed an inventory by the sound of it, nor paid a deposit, I don't see what point there is in 'looking for damage'. They could never prove any damage was done by you, not deduct it from the deposit that you haven't paid!

clowe74

Thankyou, I never thought of it that way.

I havnt heard from either of them since so am hoping they just dont turn up at some point over the weekend:(