Section 21 being served.

cgrayx

Hi,

I need some advice. I have recently been served a section 21, I haven't received it in the post so I don't know the exact official reasons yet. However, I have technically breached the tenancy agreement on several occasions on leaving my washing to dry in communal area, bike in corridor etc. (but he didnt cite this as a breach of tenancy, he merely said it was an annoyance for other tenant), to which a housemate complained the the landlord and the landlord made it clear on the text (I have recorded) that he was acting as a mediator and NO formal warnings have been issued. He expressed this here:

"[...] hoping this brings the issue to a satisfactory resolution before formal warnings are issued to all parties as we have a zero tolerance policy [..]"

This was in referring to talking, discussing and sorting it out like adults with the option of a representative as a mediator.

So technically, I don't know if he has issued me any warnings for any breaches (even though technically I have breached with the communal thing).

Then that brings me to the next part where I text the landlord at a time which was out of hours which he wasn't happy about as it wasn't his work time - and we had a bit of a heated discussion about this. I text him at 21:00 about the oven being fixed requesting him contact me the next day. Apparently not the wisest of moves - I assumed business phone would be off, hed receive when he wanted in morning.

Then a few weeks after this incident , (which was last night)I text the handy man at 23:40 because I heard a beeping coming from the smoke alarm (stupid me didn't know it was just batteries) as I got neurotic about carbon monoxide. I just warned him that I had took smoke alarms off and asked if he could fix MONDAY.

He (the handyman) rang me shouting and swearing today going mental, I reacted a bit he went completely off the rails we had a very heated argument. Five minutes later, I phoned him back expressed I apologised if I awoke him at that time and my course may not have been the best.

He then apparently rang the landlord. I then an hour later received a message from the Landlord saying:

''it is regret that we inform you that your tenancy contract is being terminated and hereby give you statutory notice. You will receive a section 21 in post and your rent payment ends 31st Dec [note Ive already paid up to here] . We will now make arrangements for a court appointed bailiff to arrive with a lock smith after this date to serve notice.'

From that I get the clear implication I MUST leave by 31st December. I was under the impression a section 21 required two months notice. Likewise, the handyman has been around today and LOCKED the communal room depriving me access - am I still not entitled to that access whilst I live here?

In short, the landlord and ONE of the tenants don't like me very much, so they want me out any means necessary, I think. Bit of a nightmare. I think what he is doing is completely illegal and want your commentary. He hasn't replied to my calls since he sent me the text today or my texts. I'm going to seek legal advice soon but want to know what you guys think.

PS - its a student let. I need time to find somewhere else, I don't think he's being legal or fair and I have a lot of Uni work and don't need the stress!!

anselld

Section 21 is a no-fault notice but can only be used either at the end of fixed term or to give two months notice after the fixed term has ended.

It is only valid ...
(a) if correctly drafted
(b) if correctly served in writing
(c) if deposit was protected
(d) if deposit prescribed information was given

Even if the S21 is valid you don't need to leave until ordered by court and the court proceedings cannot begin until all above is done.

Threats of forced entry, changing locks, deprivation of communal facilities could all be considered as harassment and/or attempted illegal eviction which are both criminal offences.

You should contact the tenancy relations officer at your local council for support or the university if they provide accommodation support/advice.

bob2

First suggestion - calm down and stop texting / calling people.

When did your tenancy start? Was it a typical assured shorthold tenancy with a 6 month term?

chris_m

A Section 21 is a "no blame" notice of intention to end a tenancy, provided it is served correctly, is valid and involves the correct timescales the LL need give no reason other than that he wants use of the property back.

Are you in a fixed-term tenancy? If so, a section 21 cannot, IIRC, be used to seek to evict you before the end of the fixed term. If you're now in a periodic tenancy, you must be given 2 months notice not just over three weeks.

Note that I said "seek to" above - the LL cannot legally evict you without a court order, all a S21 means is that he intends to seek one if you don't depart when the S21 notice expires.

When you actually receive the S21, I suggest that you post the details(specifically the dates served and expiry) from it so that people on here can advise. Speaking to the people at the Citizens Advice Bureau and/or Shelter would also be a good course of action. Your university or Student's Union branch may also have a lettings officer who can advise/assist.

cgrayx

@b!!! - yes, it is a assured shorthold tenancy- 1st sept to 6th june.

Ok, I will wait for it to arrive. But he claims that the baliffs will be here at 31st to change locks etc so I dunno what to do if that happens?

What reprocussions can happen if he does illegally evict me?

anselld

cgrayx wrote: »

@b!!! - yes, it is a assured shorthold tenancy- 1st sept to 6th june.

Ok, I will wait for it to arrive. But he claims that the baliffs will be here at 31st to change locks etc so I dunno what to do if that happens?

What reprocussions can happen if he does illegally evict me?

http://www.legislation.gov.uk/ukpga/1977/43

... but ...

It is notoriously difficult to get the police to act; they tent to consider it a "civil matter". I think it is actually the Council who are responsible for enforcement or bringing prosecution and again the response varies from Council to Council.

Prosecution will not help you in the short term if you are left on the street so would still advise that you seek support from Uni and/or Council TRO which will probably be to try to patch up relations will the LL rather than rely on the legals.

cgrayx

I apparently signed the S21 when I moved in (I did, I remember now)- any ideas what to do now guys?

What does this mean in terms of moving out? Does this actually mean I have to leave on 31st December then as requested

G_M

cgrayx wrote: »

@b!!! - yes, it is a assured shorthold tenancy- 1st sept to 6th june.

Ok, I will wait for it to arrive. But he claims that the baliffs will be here at 31st to change locks etc so I dunno what to do if that happens?

What reprocussions can happen if he does illegally evict me?

1) Please check/confirm these dates on your tenancy agreement - these are unusual dates, however they may be correct
2) please also check the details within your tenancy agreement for a 'break clause', which would allow the tenancy to be ended early (ie after 6 months.
3) However, assuming your dates are correct, and assuming there is no break clause, the landlord cannot end the tenancy before 6th June 2013 except for specific reasons (typically rent arrerars)
4) Plus as others have said, a S21 Notice requires 2 months notice, so it seems when you receive it (assuming it shows the dates he has mentioned - dec 31st) it will be invalid.
5) The Protection from Eviction Act 1977 makes it illegal to evict a tenant forcibly without a court order. It also makes harassment a criminal offence. However, as others have said, the police tend to be unaware of this and treat these matters as civil (so not their concern). Speak to the Tenancy Relations Officer at the council (if there is one).

6) Bailiffs on 31st? Well,

a) firstly they will NOT be court bailiffs, unless there has been a court hearing
b) if there is a court hearing, the judge will throw out this S21 Notice because i) not 2 months notice and ii) fixed term contract till 6th June!
c) so the 'bailiffs' will be private, and have NO LEGAL POWERS. If they attempt to use force, call 999.

dancingfairy

To get court appointed bailiffs he'd first have to go to court and secondly when (if) it did go to court you would defend it as it the s21 is invalid (it sounds to me like it is invalid because it sounds like it was sered beforethe deposit was protected).
He'd have to write to you and give you a court date, then if he won the court would tell you to leave by x date ,if you didn't then he'd have to apply to the court for bailiffs etc etc. It's almost certianly a scare tactic and would take logner than the time left you have on your tenancyagreement.
I'd be temptedto go to your local CAB/council tenancy relations officer/legalaid centre and get someone to draft a legal letter pointing out that he is trying to harrass you (which is ilegal) and that youhave sought infomation and are aware of you rights (but don't tell him thes21 is invalid otherwise he will sere another one and might get it right the secondtime).
The Shelter website has some goodadvice as wellso maybe have a lookthere?
df

cgrayx

Did you read the bit where it said that I already signed the S21 after he completed the deposit scheme?

I gave the deposit over on viewing the flat. Signed the tenancy agreement upon moving in a month or two later - including the S21. So he had already gave me the deposit certificaet by the time I signed the s21

anselld

cgrayx wrote: »

Did you read the bit where it said that I already signed the S21 after he completed the deposit scheme?

Even if the L served S21 at the start and all the conditions above are met that can only be actioned after the end of the fixed term (June). It is meaningless as far as December is concerned.