section 21 notice but paid rent!

roses_babe

really need some advice please....

i have lived in my private rented flat for 2 years never missed a payment i pay £675 a month..
i was working 50 hours a week but due to lack of work my hours have been cut to 16 per week
i was £100 short on my rent and she gave me a section 21 eviction letter and said this will come in force if i didnt pay it by the 28th nov i paid this today and she is now saying it is still staying on my file and that its not being taken off until i pay next months rent i feel like this is a threat or can she do this?

theartfullodger

A Section 21 notice is not an eviction notice, simply a notice saying landlord can start legal proceedings when S21 notice expires.

The landlord does not require any reason to boot you out this way (Thank Thatcher, housing Act 1988, if it helps..).

Sorry:

If Landlord wishes to proceed with eviction they will need to, on notice expiry, apply for a possession order through court then get bailiffs round.. probably 6-12 weeks from expiry date if all paperwork is correct..

Was there a deposit paid?? Was it protected?? Were you served the "prescribed info" regarding this deposit>?? If not, S21 is invalid ( but a valid one easily done..)

G51shopaholic

On the section 21 what were the grounds listed for serving the notice?

The landlord has to list the reasons and if they've not done it then notice is invalid.

In Scotland there called NTQ - notice to quit - landlord needs to give 60 days notice to regain property but even then thats not guaranteed.

You may find your landlord was left short to meet their mortgage or other outgoings.

G_M

Before we can be sure what this S21 notice means we need to know:

1) are you in England Wales Scotland or N Ireland?
2) do you have a fixed term tenancy? What date did it start? When did/will it end? Or has it ended and become monthly Periodic?
3) did you pay a deposit?
4) if so, was your deposit registered in a recognised scheme and were you informed of this? Which scheme? If you are not sure, check each of the 3 schemes yourself.

Answer the above and we can then advise.

Soot2006

I though conditional s21s were invalid pretty much automatically?
Obviously you'd have to prove it was conditional if it came to court ... And also if it came to court, you probably wouldn't want to stick around anyway ...

jamie11

G51shopaholic wrote: »

On the section 21 what were the grounds listed for serving the notice?

The landlord has to list the reasons and if they've not done it then notice is invalid.

No they don't, a S21 is a no fault notice. It just tells the tenant the landlord wants the property back.

As said earlier, it's not a notice to quit, it allows the landlord to apply to the court for possession.

Road_Hog

roses_babe wrote: »

i was £100 short on my rent and she gave me a section 21 eviction letter and said this will come in force if i didnt pay it by the 28th nov i paid this today and she is now saying it is still staying on my file and that its not being taken off until i pay next months rent i feel like this is a threat or can she do this?

I wouldn't view it as a threat. I think it is just to focus your mind on paying the next month's rent on time in full. Your LL, probably thinks that if she lets this go then it might become a regular thing.

Some LLs do rely on the regular income, which they shouldn't, but we all have different situations.

Road_Hog

theartfullodger wrote: »

A Section 21 notice is not an eviction notice, simply a notice saying landlord can start legal proceedings when S21 notice expires.

The landlord does not require any reason to boot you out this way (Thank Thatcher, housing Act 1988, if it helps..).

Hey, come on, the LL needs some protection as well. Sometimes it's well in favour of the tenants, you only need to read the 'furniture thread' to see what LLs can be left with and what they've got to do to get possession back.

jjlandlord

Road_Hog wrote: »

I wouldn't view it as a threat.

Yeah not a threat at all, more like a "proposition you cannot refuse" sort of thing.
Of course it is a threat. (not that it is necessarily wrong, though)

The thing is, despite what the LL says about it "staying of OP's file until next month" (is this primary school?) once served a s.21 notice remains effective. So from now on LL can start court proceedings anytime without further notice.

Soot2006 wrote: »

I though conditional s"!s were invalid pretty much automatically?

No.
What can happen is that if LL serves a s.21 notice then tell T that he can stay for some time, but then seek a possession order the court may take the view that LL does not deserve to have costs awarded to him.
But s.21 is quite clear: As long as no new tenancy is granted the s.21 notice is valid (assuming it otherwise was) and possession must be granted.

mustrum_ridcully

Road_Hog wrote: »

Hey, come on, the LL needs some protection as well. Sometimes it's well in favour of the tenants, you only need to read the 'furniture thread' to see what LLs can be left with and what they've got to do to get possession back.

You are aware that artful is a very experienced LL?

Bet you wouldn't say other businesses (being a LL is a business) like supermarkets/utility companies need protection if you were on the receiving end of what you might consider unfair treatment.

I wonder how many LLs would demand fair treatment from their bank if they couldn't manage a mortgage payment because the property was un-let, yet it's something approaching the crime of the century if the T has financial problems?

LL have plenty of protection, it's the customers (or tenants) that have comparatively little, take a look at the posts by Ts who can't get their LL's to do repairs. The LL can break the contract but the T needs to keep paying rent otherwise they're in breach of contract - despite the fact they're not getting what they pay for.

I'm guessing you're a LL, do you ask for references, credit checks? If you do how would you react to a T asking for the same, for references, credit checks and proof that you pay your mortgage.

Rant over...

Road_Hog

mustrum_ridcully wrote: »

LL have plenty of protection,

No they don't. Tenants can do plenty of damage, stop paying rent and it takes months to get rid of them.

mustrum_ridcully wrote: »

I'm guessing you're a LL,

Yes, single property.

mustrum_ridcully wrote: »

do you ask for references, credit checks? If you do how would you react to a T asking for the same, for references, credit checks and proof that you pay your mortgage.

I don't know what is asked for, because it is done through a lettings agency. I must be doing something right, because my current tenants have been there over 10 years. Might be something to do with the fact that I've not increased the rent in all that time.

If they're checked out for credit worthyness, that's so that they can pay the rent. It's my business (tax is paid on it), they have no right to enquire into my personal circumstances. Just like when I rent something, I don't get to know the company owner's personal details.

Of course if the tenant doesn't like it, they can always go elsewhere.