We’d like to remind Forumites to please avoid political debate on the Forum.
This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Section 21 issues two days after tenancy begins
ega05th
Posts: 33 Forumite
Hi,
I need some help regarding Section 21 and my legal rights as a tenant.
My friend and I (both working professionals in London) have recently moved into a flat. We jumped through several hoops to do so and we were assured that now we had got the employer references, credit checks etc that we would be able to enjoy the flat.
So we signed the contracts, got the keys and moved all our stuff in.
Then today I get a call saying that the landlady wants to handle the deposit but the letting agent has it. The letting agent will give the landlady the deposit, but only once she signs a document regarding protecting it - which she is reluctant to do.
And now we have been told we will be issued with a Section 21 notice to leave as she isn't in possession of the deposit.
What are our rights here? We signed the contract for a fixed term of one year, can we be kicked out after 2 months?
I need some help regarding Section 21 and my legal rights as a tenant.
My friend and I (both working professionals in London) have recently moved into a flat. We jumped through several hoops to do so and we were assured that now we had got the employer references, credit checks etc that we would be able to enjoy the flat.
So we signed the contracts, got the keys and moved all our stuff in.
Then today I get a call saying that the landlady wants to handle the deposit but the letting agent has it. The letting agent will give the landlady the deposit, but only once she signs a document regarding protecting it - which she is reluctant to do.
And now we have been told we will be issued with a Section 21 notice to leave as she isn't in possession of the deposit.
What are our rights here? We signed the contract for a fixed term of one year, can we be kicked out after 2 months?
0
Comments
-
No you can't be kicked out after 2 months. The LL or LA can issue a Section 21 at this time but you cannot be made to leave before the end of your 12 month fixed term. So you're safe for 12 months unless you stop paying your rent or something else that breaches your tenancy agreement.
Unfortunately you're just stuck in the crossfire between your LA and your LL. I hope they can sort their issues out and just leave you alone.0 -
they're free to issue an S21, but it won't be able to be enforced until you're out of the fixed term. the practice is often called the "sword of damocles" due to its neverending threat of eviction from the start of the tenancy.
If your deposit is yet to be protected a section 21 will also be invalidated by that, so once the landlord has protected it, they would then be able to issue a valid s21.*Assuming you're in England or Wales.0 -
SerialRenter wrote: »
If your deposit is yet to be protected a section 21 will also be invalidated by that, so once the landlord has protected it, they would then be able to issue a valid s21.
This is incorrect.
As long as the deposit is protected within the correct time-frame, and prescribed info issued, then the Sec 21 is valid.Well life is harsh, hug me don't reject me.0 -
Enjoy you 10 m0nths, may even be longer.
As already said it is the agent messing with the landlady, nothing to do with you.I am a LandLord,(under review) so there!:p0 -
The letting agent should be giving the deposit to your LL on instruction. Your LL should be protecting your deposit.
Given the deposit is not protected, the Section 21 is not valid and cannot be until the deposit is protected. And as pointed out it cannot be actioned during your fixed term anyway.0 -
Sounds like the landlady is throwing her toys out of the pram because things aren't going her way. Why is she reluctant to sign a document regarding protection of the deposit?
As others have already said, she can't kick you out during your fixed term.0 -
Thanks everyone - feeling reassured now0
This discussion has been closed.
Confirm your email address to Create Threads and Reply
Categories
- All Categories
- 352.3K Banking & Borrowing
- 253.6K Reduce Debt & Boost Income
- 454.3K Spending & Discounts
- 245.3K Work, Benefits & Business
- 601.1K Mortgages, Homes & Bills
- 177.6K Life & Family
- 259.2K Travel & Transport
- 1.5M Hobbies & Leisure
- 16K Discuss & Feedback
- 37.7K Read-Only Boards