Sod landlord protection wheres the protection for tenants!

jamie11

seachelle007 wrote: »

Don't think i could deal with the stress of playing hard ball, im too much of a nice person and like to keep within the law

You would be staying within the law to play hard ball, the notice you have is not a notice to quit. It would take your landlord at least 5 months from applying for a PO to having a bailiff put you out, in all that time you are within your rights.

I agree with the other posters, there's something fishy going on.

Agents (gasp....horror) have been known to churn tenancies on many properties just to get the fees.

Charshy

I would have been homeless if I had not been forced to sign my own S21 notice at the start of my tenancy (no other houses I could afford to live in; all other fees were paid when this was sprung on me). I was given the 30 days to get out a few weeks ago, because the landlord wants to sell. It's awful and distressing. I still haven't found anywhere to live, and I have 2 weeks until I have nowhere!

I have family a few towns away thank goodness, but this is the 3rd time I've had to move in 2 years.

Letting agents and LAs know they have us bent over a barrel because there are simply not enough affordable houses to rent, and I certainly can't afford to keep losing chunks of deposit, going to court, paying new agency fees and not going to work etc. every time I have to move. They know most people can't afford to do it.

Naf wrote: »

What isn't mutually secure about the existing tenancy system? If anything it favours tenants. A periodic tenancy gives tenants 2 months security vs. 1 month for LLs; 6/12/etc. months give equal security to both parties.
If, as a tenant, you want long term security you can discuss a longer term lease with your LL; if they decline, then you must be prepared to either dig your heels in for them to take it to court, or to move at relatively short notice.
There isn't any issue with the system in place with respect to security and fairness - but LLs and Ts ought to be more clued up, and LAs need to act more responsibly in their business.

Naf

Charshy wrote: »

I would have been homeless if I had not been forced to sign my own S21 notice at the start of my tenancy (no other houses I could afford to live in; all other fees were paid when this was sprung on me). I was given the 30 days to get out a few weeks ago, because the landlord wants to sell. It's awful and distressing. I still haven't found anywhere to live, and I have 2 weeks until I have nowhere!

I have family a few towns away thank goodness, but this is the 3rd time I've had to move in 2 years.

Letting agents and LAs know they have us bent over a barrel because there are simply not enough affordable houses to rent, and I certainly can't afford to keep losing chunks of deposit, going to court, paying new agency fees and not going to work etc. every time I have to move. They know most people can't afford to do it.

I agree this isn't fair, but that wasn't the subject. It's equally secure.

embob74

citricsquid wrote: »

Tenants have a lot of protections (and it's getting better as time goes on). The key is to only expect what you have legally agreed to, you're expecting something that isn't written into your contract.

You only have to look at the number of threads on here to see that tenants don't feel protected. Yes there is a proper way to deal with things but if a LL doesn't follow the correct route it is a long, hard battle to make them do so. Most tenants give up the fight and end up moving on for the sake of their sanity!
Of course there are good LL's who get shafted by bad tenants but most LL problems on this board seem to be the result of a LL who has not done things properly from the start of a tenancy.

A contract does specify what has been legally agreed but there are terms which can be considered unfair and therefore not applicable and there are statutory terms which do not have to be detailed in a contract for them to be legally valid.

embob74

Charshy wrote: »

I would have been homeless if I had not been forced to sign my own S21 notice at the start of my tenancy (no other houses I could afford to live in; all other fees were paid when this was sprung on me). I was given the 30 days to get out a few weeks ago, because the landlord wants to sell. It's awful and distressing. I still haven't found anywhere to live, and I have 2 weeks until I have nowhere!(

Might be worth a quick check to make sure it has all been done correctly. I'm sure I've read on here that a S21 is only valid if given AFTER the deposit is corrected.
Don't quote me on that though - search through the numerous threads on here and you'll find lots of useful advice.

Or start a new thread....

Charshy

Thanks embob, but for me, that's not the problem. I want to get out quick, clean, without stress, and with my deposit in full.

What I was pointing out is that it is not equally secure, as per Naf's point, for a tenant: when the power lays mostly in a LL/letting agency's hands, because they have money, and tenants often do not.

The analogy often used is when two people go to a restaurant (let's say for a work dinner; quasi-mandatory), one who makes £5/hour, and one who makes £100,000/hour, and the person making £100,000 says in order to be fair, let's split the £150 meal bill 50/50. Except one party suffers when the bill arrives, and the other does not.

embob74 wrote: »

Might be worth a quick check to make sure it has all been done correctly. I'm sure I've read on here that a S21 is only valid if given AFTER the deposit is corrected.
Don't quote me on that though - search through the numerous threads on here and you'll find lots of useful advice.

Or start a new thread....

jamie11

Charshy wrote: »

I would have been homeless if I had not been forced to sign my own S21 notice at the start of my tenancy (no other houses I could afford to live in; all other fees were paid when this was sprung on me). I was given the 30 days to get out a few weeks ago, because the landlord wants to sell. It's awful and distressing. I still haven't found anywhere to live, and I have 2 weeks until I have nowhere!

I have family a few towns away thank goodness, but this is the 3rd time I've had to move in 2 years.

Letting agents and LAs know they have us bent over a barrel because there are simply not enough affordable houses to rent, and I certainly can't afford to keep losing chunks of deposit, going to court, paying new agency fees and not going to work etc. every time I have to move. They know most people can't afford to do it.

You have NOT been given a valid S21, A S21 merely allows the landlord to start a court possession claim, it cannot be valid if signed before the tenancy began (as you imply) it does not even have to be signed by you, It cannot be valid if the deposit was not secured and you have not had the prescribed information (about 15 pages) It must give you a period of 2 tenancy periods before it can be acted upon.

How many more times do you have to be told? The notice is not valid.

I suggest you speak to Shelter.

DRP

Charshy wrote: »

I would have been homeless if I had not been forced to sign my own S21 notice at the start of my tenancy (no other houses I could afford to live in; all other fees were paid when this was sprung on me). I was given the 30 days to get out a few weeks ago, because the landlord wants to sell. It's awful and distressing. I still haven't found anywhere to live, and I have 2 weeks until I have nowhere!

I have family a few towns away thank goodness, but this is the 3rd time I've had to move in 2 years.

Letting agents and LAs know they have us bent over a barrel because there are simply not enough affordable houses to rent, and I certainly can't afford to keep losing chunks of deposit, going to court, paying new agency fees and not going to work etc. every time I have to move. They know most people can't afford to do it.

the other option is to stay exactly where you are.

tbs624

Naf wrote: »

What isn't mutually secure about the existing tenancy system?

Where would you like us all to start?

Naf wrote: »

If anything it favours tenants. A periodic tenancy gives tenants 2 months security vs. 1 month for LLs;

Does it? Have you heard of the Sword of Damocles? s21 served on the T early on in the initial Fixed Term ( after deposit reg and provision of prescribed info) - "just routine innit?" .

And there it hangs, over the hapless T's head, throughout that follow-on Stat Periodic. LL can proceed directly to "Go", ie Court, when he chooses as T has already had his/her 2 months worth of notice that LL may be seeking repossession of the property at some point after expiry of that Fixed Term. No equivalent set up for T.

Naf wrote: »

There isn't any issue with the system in place with respect to security and fairness

Many would disagree with your assertion Naf, and that is amongst both LLs and Ts.

Charshy

Except then I will have to deal with the hassle of court, harrassment, attempts to steal my deposit etc. They have the power. I do not have the power to make their lives hell like they will make mine.

This is what I am trying to get across to you and the other poster: regardless of whether my S21 was valid, they want me out, and they will make my life hell if I resist. It is easier for me to just MOVE and not give them any justification for taking my deposit - it's far too easy for them to make something up and take it. Deposit Dispute Service has to have the LL consent to it, otherwise its court. Again, money/stress I cannot deal with.

I'm not too worried about myself, but if I had e.g. kids, a really evil landlord? It'd be awful.

DRP wrote: »

the other option is to stay exactly where you are.