Landlord served section 21

drummer_666

I'm at work but my housemate has just told me that the LL has given a letter about problems with the house and if not sorted within 7 days he will serve a section 21 on us.

Our 6 months contract ends on 23rd March. As it started 24th Sept.

Now I think this is about the broken window in my bedroom that I put up here the other day.

https://forums.moneysavingexpert.com/discussion/3844503

The window cracked VERY badly when I was asleep, the inside panel of double glazed window. I did nothing to the window, I have been advised by people on here it is not my responsibility to pay for it to be fixed.

I will put up more details of the letter when I see it tonight.

But from what I understand if he issues it, we have 2 months until we are evicted. I'm buying a house, just put a first offer on but even if I end up getting this house I very much doubt 2 months is enough time!!

drummer_666

also, this is him blackmailing me.

I said it is his responsibility to get the window fixed because I didn't do anything to it.

He disagrees.

So it's basically pay to get the window fixed and resolve it yourself in 7 days or I'll serve a section 21 on you and you'll be out in 2 months.

Now I know it's not my responsibility to fix the window. But I don't seem to have any options here??

Also with only 7 days how am I supposed to get a number of quotes and get the work done?

Even if I do get the window fixed he could still serve the section 21 on me....

princeofpounds

The section 21 is just a notice of an intention to seek possession, it does not end the tenancy. Only a court order can do that, and only court bailiffs can enforce a court order. It will probably take several more weeks to get a court date, and several more weeks after that for bailiffs, so in all likelihood you will be in the property in 3-4 months time if you want to be.

And if he fails on a technicality he has to start the process all over again.

You are in a good position given that you are buying and don't need a reference, so depending on how much time you need you can spin things out.

If you know he has failed on a technicality and you don't tell him it will probably take him 6 months to get you out.

Unfortunately the 'blackmailing' charge is irrelevant. It's not pleasant but a Section 21 is a no-fault notice; the landlord doesn't need to give a reason to the judge.

drummer_666

princeofpounds wrote: »

The section 21 is just a notice of an intention to seek possession, it does not end the tenancy. Only a court order can do that, and only court bailiffs can enforce a court order. It will probably take several more weeks to get a court date, and several more weeks after that for bailiffs, so in all likelihood you will be in the property in 3-4 months time if you want to be.

And if he fails on a technicality he has to start the process all over again.

You are in a good position given that you are buying and don't need a reference, so depending on how much time you need you can spin things out.

If you know he has failed on a technicality and you don't tell him it will probably take him 6 months to get you out.

Unfortunately the 'blackmailing' charge is irrelevant. It's not pleasant but a Section 21 is a no-fault notice; the landlord doesn't need to give a reason to the judge.

From what I read it is a 2 month notice.

So I could have to be out on 19th May...? And I can't risk it if it might be after that. It could be 4 months before I end up finding a house, exchanging and get the keys...

He can give it without any reason, but he is blackmailing me into paying for the window if I want my tenancy to continue

He hasn't failed on any technicality so far, and I doubt he will. He has 20+ properties, he's an experienced landlord.

He is hand delivered the letter to my housemate.

SavvyStudentSaver

Firstly- stop worrying about being out May. You will not be kicked out in May. You haven't even been served with a section 21 yet- he's only threatening to. I've posted some other stuff in your other thread because I saw that first, but I may as well post here too.

Are you still within you fixed term? In that case, he can't even begin to try kicking you out until that's over.

Furthermore, s Section 21 notice must give a MINIMUM of 2 months notice, and span over at least two whole rent periods (for instance, if you pay monthly, and your contract began on the 16th, his notice would need to expire a) after two months have passed, so after May 19th, and b) on the 15th of the month, so June 15th.) So, you have AT LEAST two months before he may start court proceedings.

However, you don't even need to leave when the section 21 expires. You can stay until bailiffs are at the door, and getting them there will take a couple of months AFTER the section 21 has expired, so you have plenty of time to find somewhere else to rent.

Additionally, size of portfolio does not mean he'll get it all right...

Cissi

I also read it that he hasn't actually served a S21 yet - he's threatening to do so in 7 days, which will be AFTER the March deadline (with the dates you've given us he'd have to serve it by March 24th in order to request that you leave on May 23rd). If you just sit schtumm it's possible that he'll serve one on you soon after that - but if it doesn't give you until JUNE 23rd to vacate the property then the dates will be wrong, and it will be invalid. There are also some other hoops that he'd have to jump through first (is your deposit protected? Did he inform you of the details, in writing?) so even then it may not be valid. If he does serve one, you'll be able to get specific advice on here.

So, unless you RECEIVE a valid S21 notice by Saturday 24/3 (which seems unlikely - maybe you can stall him just in case by telling him in very vague terms that you're looking into it, without committing to anything?) the earliest that you can be asked to leave will be June 23rd. As has been said above, you can't be forced to leave on that date either - realistically you'd still have a couple of months after that - although you then wouldn't be able to get a decent reference from your LL, but it sounds as if you may not need one.

So don't panic yet - the best thing that you can do is to wait it out and be on the lookout for any mistakes that your LL makes with the paperwork.

princeofpounds

Again, only a court order will end your tenancy. The notice expiring is step 1 and you are not breaking any rules by staying on beyond that.

19th May is impossible. It can only ever be an estimate, but the landlord would do well to have you out in June.

(1 week delay, 2 months Section 21, 1 month court, 2 weeks bailiff would be as working assumption and it could be much longer)

drummer_666

Thanks for your comments so far.

The letter actually says "if the issues are not addressed then I will have to serve you notice as they have been ongoing for some time, so a response within seven days would be appreciated". So I put a letter through his door Monday?

Then if he serves notice before 24th April, I will have until 23rd June definitely? That's 13 weeks. Even if I get an offer accepted on this house, it may take longer than 13 weeks til I get the keys and the house is furnished. Hmmm.

Anyway here is the full contents of the letter.

Some outstanding issues that need urgent attention:
1 - bathroom light cover needs replacing, so condensation doesn't cause failure to the light fitting.
2 - desk lamp and trailing cable needs to be removed from bathroom.
3 - toilet seat needs replacing - ok fine I'll do that.
4 - bathroom silcone is getting black and mouldy - OK I'll bleach and clean (although nothing to do with LL til we move out)
5 - toilet pan is dirty.... (will clean, but nothing to do with LL)

The light in our bathroom stopped working before Xmas. We didn't have a ladder and have high ceilings, so couldn't change the bulb. Put desk lamp in there - away from water and keep turned off at the mains when not in there. A few weeks ago we changed the bulb but it still didn't work. Last week the LL saw it and said not fuse coz extractor fan working.


He is now billing us for
unblocking toilet x 2 - £170
broken window - to be agreed

Apparently for first unblocking, he offered my housemate to pay half apparently. We didn't agree to pay anything. Nothing more came of it.

Toilet blocked again. At the time, he said I was to think about what you thought was fair for payment. When he was around the house looking at the window, I told him we shouldn't pay because the toilet never flushed with much suction when we moved in and now it was working fine, so it was fixed properly this time.

Broken window
replacement of the window is your responsibility - price to be agreed

Notmyrealname

Number 2 is actually a very important safety issue. The reason you don't have desk lamps and wall sockets in bathrooms is to save people from being electrocuted when they turn them off/on when they're wet.

drummer_666

Cissi wrote: »

There are also some other hoops that he'd have to jump through first (is your deposit protected? Did he inform you of the details, in writing?) so even then it may not be valid. If he does serve one, you'll be able to get specific advice on here.

I don't know if my deposit is protected. I doubt it.This was paid by cash.

I've just gone to look at the contract and seen there's not a receipt with it. !!!!. I know we had one at the time, but I don't know where it is.... The contract says the amount of the deposit though.

Could he claim that we didn't pay a deposit?

drummer_666

Notmyrealname wrote: »

Number 2 is actually a very important safety issue. The reason you don't have desk lamps and wall sockets in bathrooms is to save people from being electrocuted when they turn them off/on when they're wet.

we don't touch the lamp AT all. it's permanently on and we turn it on and off on the plug socket in the hall way?

But how can we use the bathroom without the light working? And we changed the bulb. And LL says it's not the fuse...