Section 21 questions, just to double check!

Pixie5740

It doesn't sound like your friend has been issued with a valid section 21 notice so that does by her a bit of time, possibly months so there should be enough time for the new LL to sort out the other property. (Although the new LL sounds like a bit of a tit as well.)

If the LL turns up unannounced your friend should phone the police as that it harrassment. It might be a good idea to change the barrell in the lock as well (videos on YouTube show you how to do this and it's relatively straight forward) to stop him using his key.

RAS

sockpuppet wrote: »

No it has all been verbal. They told he wanted the house back immediately the second six month term ended so she found somewhere and told them and then they gave her this scribbled s21 to 'make sure she did move out as agreed'
But then it all went awry last week

Has she signed a tenacy agreement for the new property. If so from what date?

The LL cannot make her move at the end of an S21, whether it was issued two weeks ago or 2 months ago.

However, if she has informed the LL that she is moving out on April 30 and does not do so, he can pursue her for penalty rent (twice the normal rent).

Regardless she has to pay rent for the whole of May.

SO, has he informed the LL or the agent that she is moving out today?

Strongly advise that she speaks to Shelter NOW.

jjlandlord

RAS wrote: »

However, if she has informed the LL that she is moving out on April 30 and does not do so, he can pursue her for penalty rent (twice the normal rent).

Regardless she has to pay rent for the whole of May.

It's one or the other, but not both.
In the circumstances, I don't think that "double rent" would apply.

sockpuppet

Thanks everyone for your advice.

She is calmer now but still very worried. I have advised her to call Shelter tommorow, and she has a friend coming to look at changing the lock barrel for now.

She has been on to the new letting agents to chase them, as she has paid a months deposit to 'hold' the new property that she now cant move into as agreed and is trying to see if they have anywhere else.

She is a bit wary of the new landlord now in case he messes her about if she moves into his property and is thinking now she may rather move somewhere else and he will lose a tenant.

All this is messing up her sons school place too as they now have no idea where they will end up living!

RAS

Being calmer does not prevent her old landlord billing her for a whole month's rent if she is in the house at 12.01am on May 1st.

You have not replied as to whether she has signed a contract for the new property - in which case her new LL may be repsonsible for finding ehr alternative accomodation - or whether she told the old EA/LL that she was moving out today.

Pixie5740

The OP has said that her friend hasn't signed the new tenancy agreement yet and hasn't officially given notice to terminate the existing tenancy in writing.

sockpuppet

Thanks Pixie,
Yes thats correct.
She hasnt given notice in writing as they asked her to leave, she was perfectly accommodating even though it was inconvenient.

She hasnt signed the new agreement yet but has paid a months rent to hold the property. Since then he has put a delay on moving.

She can pay him rent for while she is still there, he doesnt want her to. He wants her out from tommorow as he has relatives arriving from India that he wants to move in.

It appears they havent even given her legal notice to move out?

[Deleted User]

Has your friend asked if she could move into the property but not unpack anything but the basics so decorators can work around her, making it clear the situation she is in and she has to have somewhere otherwise she incurs another months rent and other legal problems? She needs to make sure the message does get to the LL as the agency might not be communicating the true situation to the LL.

G_M

She cannot legally be evicted. Only a court can evict her. The LL needs to go to court (which takes time) and show the court that he served a valid S21 (dubious). The court will then order possession. Even then the LL cannot evict - only the court bailiffs can do this, which again takes time.

However, with a LL/agent like this, anything is possible. Your friend needs to understand that
* forcible eviction is illegal, and criminal
* threats and harassment is illegal, and criminal

If either of the above happens, CALL THE POLICE.

See Protection from Eviction Act 1977

As an additional protection, your friend should change the lock. That means the LL will either need consent to come in (which she should refuse), or force - illegal SO CALL THE POLICE.

Changing a lock is easy and takes 5 minutes with a screwdriver and costs £5 - £20 for a new lock depending on type. See

http://www.youtube.com/watch?v=LA580cRHXDY

http://www.youtube.com/watch?v=dNQygO0LJ3E