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section21 advice urgent

really need some advice please

i have never missed a payment on my rent which is 675 i was £100 short 4 months ago and was issued a section 21 for the 7th feb

my landlord said if i pay my next months rent on time it will be avoided and thrown away. (i have not missed payment since)
last month my landlord entered my flat when i was in the bath i never knew he was coming round. i mentioned this to my landlord who said well theres a section 21 on your file if you are unhappy leave

anyways i havnt got this months rent which is due on the 8th feb if she wants to throw us out does she have to give notice

Comments

  • vax2002
    vax2002 Posts: 7,187 Forumite
    In short, move out, using next months rent as a start.
    You dont issue serious documents like S21 to someone you want to stay.
    Certainly dont pay any rent after the S21 date unless you have it in writing that it has been withdrawn.
    You should have called the police when the landlord was caught sneaking round when you were in the bath.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • oh my i have really messed up i should of witheld the payments so if this was to go to a court of law i have to be out next week :(
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    I assume your tenancy is Periodic, not still Fixed Term?

    And the 7th Feb date complies with the 2 full rental periods notice rules?

    If so, it can be enforced, but via a court order.

    Just because the S21 is not withdrawn does not mean you can live there rent free - you will just be racking up further rent arrears which will be enforced a the same time as the possesion order by the court.

    If you want to protect yourself from the LL entering the property, spend £5 on a new barrel for your lock. Keep the old one to replace when you leave.
  • molerat
    molerat Posts: 35,002 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    An S21 is the landlord seeking posession of the property, ie asking you to leave, she cannot "evict" you. Only the courts can force you to leave. Is your deposit protected in one of the schemes, if not then the S21 is invalid.
  • jjlandlord
    jjlandlord Posts: 5,099 Forumite
    In addition, the issue of "withdrawing" a s.21 notice is tricky as by statutes the only thing that voids it is for a new tenancy to be granted.
  • thank you for your reply will start looking for somewhere to move to x
This discussion has been closed.
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