invalid section 21?

skint-student-nurse

Evening all!

I was issued a section 21 on the 22/01/12 due to expire 22/03/12 (day before AST was due to end) and obviously I have not moved out yet as I am still trying to find a new home.

Anyhoo, I have already received court papers in relation to the section 21, and a copy of the tenancy agreement is in it, states the date the tenancy started is the 20th Sept, but in fact due to last min issues on the LL part, I didnt sign it or move in until the 23rd.

Now, here is the question - the dates on the S21 state that it is issued in relation to the tenancy that started on the 23/09,but as the date on the tenancy agreement is wrong, is that enough to invalidate the s21?

thanks in advace!

debsue

Why have they issued court papers if your AST is not yet up?

skint-student-nurse

The AST expired 22/03/2012 and the court papers are dated 26/03/2012,so they were served four days after the AST expired

tbs624

If the tenancy started on 20th September then the Fixed Term ran until 19th March and a S21 should have been served before 20th January, giving notice that your LL would be requiring repossession *after* 19th March 2012

If the tenancy was signed for/ started on 23 September then the Fixed Term ran until 22nd March and a S21 should have been served before 23rd January, giving notice that your LL would be requiring repossession *after* 22nd March 2012.

You say that the 22 March is the "day before AST was due to end" but if the Fixed Term did start on the 23rd then it should end on 22nd.

Clearly someone has made an error with the court info as the timing of the s21 appears to line up with the amended tenancy dates.

Do you have a copy of your tenancy agreement and did you date it when you actually signed it?

Has your tenancy deposit been scheme registered (Eng/Wales) and has the LL given you the scheme's prescribed info? If not then the s21 will be invalid.

tbs624

skint-student-nurse wrote: »

The AST expired 22/03/2012 and the court papers are dated 26/03/2012,so they were served four days after the AST expired

The AST did not expire, its Fixed Term did. If you are still in situ and have not signed a new tenancy agreement then you are on a statutory periodic agreement.

skint-student-nurse

Techically it started on the 23rd September, it was supposed to start on the 20th but due to it needing fumigation, I had to wait until the 23rd.

The tenancy agreement states 'this agreement is made the 20th Sept' which was the date as agreed, but further on in the agreement, it says the term shall be from and including 23/09/11 to and including 22/03/12'

I have signed it,but no-one has physically hand-written a date on there, the only dates in the agreement are the ones I have mentioned above.

I was issued a s21 on the 23/09/11 before the deposit was protected, that was then retracted telling me i could go periodically, and was given a new section one a week later - dated the 19/01/12 under section 21 (1)(b) stating possession is required 22/03/12.

I am sooo confused! My deposit is in with the DPS and I have a copy of the certificate,it was protected the day I paid it, but thats all I have in relation to the deposit.

*just to also add* I have looked at the tenancy agreement and the court papers - my landlords signatures are both different and a very different style of handwriting - I only have one named landlord...

tbs624

skint-student-nurse wrote: »

I am sooo confused! My deposit is in with the DPS and I have a copy of the certificate,it was protected the day I paid it, but thats all I have in relation to the deposit.

Read up here and have a look at s215 of the Housing Act 2004 ( which refers back to s213). Does your actual tenancy agreement contain any specific wording about the tenancy deposit scheme?

Your local council should have a private sector tenancy relations officer who can look through all relevant paperwork & help you with this. It sounds as though your LL may need to formally issue you with the "presecribed information" from the DPS and then re-serve their s21 notice but seek some formal advice..

You could also try Shelter's helpline 0808 800 4444. They and the Council TRO will always be busy so you will have to persist.

You could also ask the local Law Society for the name of a solicitor with LL&T experience and get yourself a Fixed Fee appointment or try Community Legal Advice if you are on a low income (link)

Going on your user name, if you are still at Uni check whether their accoms officer/welfare adviser can help.

skint-student-nurse

No,im not at uni anymore tbs624,but I do have a shelter office nearby so I will pop in.

There is a good half a page of info in the tenancy agreement about the deposit,what I can do if i dont agree with deductions,etc.

On the court forms,I have noticed that the amount of arrears is false by over £600 (yes,in arrears but no where near enough for a s8,its less than £100) and I can prove this,so technically is that a false declaration?

agrinnall

What are you actually trying to achieve by questioning the validity of the S21? Given that the LL is obviously keen to regain possession of the property the best that you can hope for is a few more months before you are forced to leave, at which point you'll be looking for new accommodation with no chance of a good reference. Would it not be better to just find somewhere else now and cut out the stress of being evicted?

skint-student-nurse

agrinnall wrote: »

What are you actually trying to achieve by questioning the validity of the S21? Given that the LL is obviously keen to regain possession of the property the best that you can hope for is a few more months before you are forced to leave, at which point you'll be looking for new accommodation with no chance of a good reference. Would it not be better to just find somewhere else now and cut out the stress of being evicted?

Because I am hoping to buy a bit more time, I have already started looking for a new home and as it happens, I did have somewhere I was supposed to move into on the 15th but it fell through at the last min on the landlords part. I would love to have somewhere to move to asap and as for getting evicted, I really hope it doesnt get that far,im hoping to jump before I get pushed,as I dont want a CCJ because of this.

jjlandlord

skint-student-nurse, what you describe is rather confusing, you're talking about a s.21 notice, court documents (which form?) mentioning rent arrears, deposit not protected, but protected the day you paid it, etc...

skint-student-nurse wrote: »

Techically it started on the 23rd September, it was supposed to start on the 20th but due to it needing fumigation, I had to wait until the 23rd.

The tenancy agreement states 'this agreement is made the 20th Sept' which was the date as agreed, but further on in the agreement, it says the term shall be from and including 23/09/11 to and including 22/03/12'

From the quote, the tenancy was agreed to start on the 23rd Sept. all along.
That the agreement was signed on the 20th does not imply that the tenancy was expected to begin at that date.

skint-student-nurse wrote: »

I dont want a CCJ because of this.

Orders for possessions are not entered on the Register of CCJs, so even if LL gets a possession order it will not show up on credit check, and will not affect your credit rating.
Of course you you are in arrears and your LL gets an order for the debt, then it'll be different. But no money order can be made by a court through the s.21 notice route.