Section 21 Notice and a cowboy EA/landlord

Tirian

No worries - my dry sense of humour getting me into trouble again. Am grateful for all the info - and I do take the sig as (presumably) intended, as a cheeky dig at all the "trust me, I'm an expert"s out there ...

Ulfar

Has your deposit been protected and the prescribed information issued ?

I know that you are nearly at the end of your fixed period but you will be amazed at the number of LA/LL who don't know the rules.

The section 21 notice did it give a full two months ending on the last day of a rental period ?

tbs624

Ulfar's first query is an important one because any s21 served prior to a tenancy deposit being scheme registered and/or prior to the T being given the scheme's prescribed information , will be rendered invalid.

The section 21 notice did it give a full two months ending on the last day of a rental period ?

- Ulfar, the OP is still within the FT and it sounds as though the s21 has been given with sufflicient time for it to be aligned with the FT expiry

see

1 year tenancy agreement which expires 9 September. ....
This weekend, without any prior warning, we received a Section 21 Notice in the post.

Tirian

Ulfar wrote: »

Has your deposit been protected and the prescribed information issued ?

I know that you are nearly at the end of your fixed period but you will be amazed at the number of LA/LL who don't know the rules.

The section 21 notice did it give a full two months ending on the last day of a rental period ?

Yes, the deposit is in a deposit protection scheme (although they were several months late putting it into the scheme).

The s21 gave 2 full months notice. Thankfully it now looks like completion will happen before this.

Still fuming with our LL/EA though ... here's what they said when I asked if we would be able to extend the tenancy a couple of weeks if necessary, if the completion date came through as later than 9 September : "You'd better call your sellers and tell them that you're going to be homeless on 9 September".

They're a real charming lot, I can tell you.

The landlord's mortgage statements have been coming to the house for the whole year too - so I rather wonder if he has actually informed the mortgage company that the house is rented.

jjlandlord

Tirian wrote: »

here's what they said when I asked if we would be able to extend the tenancy a couple of weeks if necessary, if the completion date came through as later than 9 September : "You'd better call your sellers and tell them that you're going to be homeless on 9 September".

Straightforward then, isn't it?
You stay put and ignore them until you complete and are ready to move.

Could also be a good idea to communicate with them in writing only from now on, including to tell them that you intend to move asap but must wait for completion on your purchase

Tirian

Absolutely. I have no intention of communicating with them any further at this stage.

Having now armed myself with some other information, I also have at my disposal the fact that the owner has registered himself as living at the address with Land Registry, despite never having lived at the property.

Also, our deposit was registered with DPS in December - over two months after the required 30 day period, and was also incorrectly filed as a 6 month tenancy instead of a 12 month. On this basis, we could technically file for full return of the deposit and the 1-3x penalty ... but I think I'll keep that little bombshell for if they try any funny business when we request return of the deposit.

Feeling rather better now!

martindow

Tirian wrote: »

The landlord's mortgage statements have been coming to the house for the whole year too - so I rather wonder if he has actually informed the mortgage company that the house is rented.

Or if he is bothering to declare his income. You might be inclined to contact his mortgage company and HMRC after you leave...

franklee

Tirian wrote: »

the owner has registered himself as living at the address with Land Registry, despite never having lived at the property.

Tirian wrote: »

The landlord's mortgage statements have been coming to the house for the whole year too - so I rather wonder if he has actually informed the mortgage company that the house is rented.

You could write "Not living at this address, return to sender" on the envelope and put it back in the post. Let the lender figure that one out.

If the landlord has never lived at the property I'm at a loss as to why his statements go there unless he has got a residential mortgage and let the property from the start. That's more serious than forgetting to get consent to let as it looks like this was always a property to let.

I would be tempted to write to the lender letting them know I'm the resident tenant. Perhaps enclosing a copy of the tenancy agreement and a utility bill in my name and the landlord's current address.

You do have the landlord's address? If not I'd suggest you write to the agent and ask for it.

angrypirate

Tirian wrote: »

Yes, the deposit is in a deposit protection scheme (although they were several months late putting it into the scheme).

The s21 gave 2 full months notice. Thankfully it now looks like completion will happen before this.

Still fuming with our LL/EA though ... here's what they said when I asked if we would be able to extend the tenancy a couple of weeks if necessary, if the completion date came through as later than 9 September : "You'd better call your sellers and tell them that you're going to be homeless on 9 September".

They're a real charming lot, I can tell you.

The landlord's mortgage statements have been coming to the house for the whole year too - so I rather wonder if he has actually informed the mortgage company that the house is rented.

Well thats easily sorted - "return to sender - no longer at this address". Should make for some fun for the Landlord

jamie11

Another point. When you are sure of your completion date give your own notice (if you are in an SPT) one month which must include a full tenancy period. The S21 is not a notice to quit so you do need to do this.

OTOH the landlord may be happy for you to surrender the tenancy immediately but don't rely on it. Make sure everything is documented.