Section 21 not received

[Deleted User]

monty-doggy wrote: »

Worried about getting deposit too as new owners will have property who decides if its in good enough condition?

The ball is entirely in your court. There is absolutely no way you need to leave before the end of this month, even if a Section 21 had been properly served they would still need to get possession granted by the court.

They are asking you to leave before the tenancy ends, they are asking you to leave with only a few weeks notice and they are asking you to forgive them for their screw up. They're asking a lot of you and they know this, that's why they've offered to pay money towards your removal costs! Since when would a letting agent offer money to someone? They're probably in tears at the thought of being the victim this time.

You are in a perfect position to dictate all the terms you like: they must return the full deposit to you before you will leave. They must confirm, in writing, that you have absolutely no liability for the rent. They must refund any unused rent (if you have to leave on June 20th and you've paid til June 30th, you get 10 days back). They must pay the full removal costs! Go wild!

Returning a deposit before a tenancy ends is very silly for a landlord to do but it's perfectly legal, if you want to be 100% sure you're getting 100% of the deposit back, ask for it to be returned to you before you leave and refuse to leave if they don't. They will return it otherwise their sale will fall through! A few marks on the wall or an extra nail or two isn't going to end a house sale, so there's no reason for them to refuse to return your deposit.

theartfullodger

If they are dependent on you moving out to complete their sale you must be in a VERY strong negotiating position.

Even if S21 is valid it does not end tenancy & does not oblige you to leave.

In your shoes I'd be asking for thousands to get out....


If you don;t move out & sale goes ahead you still have an entirely valid tenancy, simply a new landlord - who would then probably evict you through the courts..

Deposit is responsibility of landlord, regardless of current or new..

monty-doggy

It's the receivers (current LL) offering the money.

I don't think they would pay me any more as its a repossession property.

I'll see what happens with my completion date tomorrow and take it from there. If I can't move at the end of the month it's tough.

Its going to be hard enough as it is with me only being able to use one leg! Packing a house up hopping or on crutches isn't fun!

monty-doggy

Also the sale can't go ahead with me here, its a FTB without a BTL mortgage buying it.

Annisele

monty-doggy wrote: »

Its going to be hard enough as it is with me only being able to use one leg! Packing a house up hopping or on crutches isn't fun!

Some removal companies offer a service where they will pack the house up for you, and then unpack it on the other end.

It's not cheap - but in your circumstances I think I'd be asking someone else to pay for it! Alternatively they can wait until they've got a court order, by which time your leg may well have healed and you'll be able to do it yourself.

franklee

Google section 21 exceptional hardship. It may be that even if a section 21 hearing occurs (which takes some time to happen) you might also get a delay due to having recently had surgery. You could mention that to the agent see if it opens their wallet as far as adding the packing service to your removals.

Also was your deposit protected AND the prescribed information given to you. Check that the prescribed information is complete. If not then the S21 isn't valid anyway.

I'd put that you did not receive a S21 in writing to the agent. phone calls get forgotten / disputed and you need your own paper trail.

I'd not worry too much about making them enforce the S21, it's a no fault notice and anyway as you are buying you won't need a reference.

Also as it's a repo did your landlord change? When you get sight of the S21 make sure the right person did it.

Guest101

I'd say pay me £5000 and ill be out. Enjoy the extra cash. If they say no, say ok then, I'll be here until you serve me with formal and correct notice, and thereafter for the period of 2 months

monty-doggy

Guest101 wrote: »

I'd say pay me £5000 and ill be out. Enjoy the extra cash. If they say no, say ok then, I'll be here until you serve me with formal and correct notice, and thereafter for the period of 2 months

Even though they know I'm buying somewhere? They know because I told them when I asked about notice period and I had to give them as a reference to the mortgage company.

Yes deposit protected and info given.

LL has never changed, I've always rented from the receivers. Been here 2 and a half years.

G_M

Unless you roll over expose your belly and under-carriage and move out by end of month as they hope, the sale will collapse. This is true whether it is a repossession being sold by Receivers or not.

By offering to pay 1/2 your removal costs, they have already aknowledged that they know you have them by the short & curlies.

Ask for more, or stay put.

Are you in a monthly Periodic tenancy? If so, when YOU wish to leave, you simply give one months notice (aligned to tenancy periods).

Unless they come back with a better offer in which case you agree toleave earlier...

One Q:

Not one viewer knew it was rented out, they all told me as I asked if it was for them to live in.

Surely it was clear it was rented? You were there when they viewed and presumably made it clear you were a tenant....?

monty-doggy

I did make it clear. I tried to put them off if a nice friendly way because I wanted to buy the house myself but the EA were awful and they knew the most I'd pay was 135k for this house as I had a survey done and it confirmed what I already thought, the kitchen extension needs to come down, as well as a lot of other issues. I have the money to do the work at 135k. However because I'm a tenant and I live here I already made an offer direct to receivers, before it officially went on the market.

It turns out EA lied about the 138 offer and it was in fact 128 but I think they did this as they might not get a commission if I bought it.

They have been difficult from day one, sending viewers with no appt and being unreasonable threatening me with eviction if I didn't allow viewings the day I came out of hospital (I didn't let them) and even trying to arrange a survey by giving the surveyor a key without me knowing (this didn't happen in the end the surveyor rang me)

It's been a nightmare.