Section 21 - Where do we stand.?

Paddy_Jive

We moved into our rental property in April 2013 on a reduced rent in exchange for painting & decorating the property. It was agreed that we would have a 2 year short hold tenancy. In April this year the LL failed to provide us with a new tenancy agreement & so our current one ran on a month by month basis. On July 31st we were contacted by the LL to say that we had to sign a new tenancy agreement today & the rent will go to full market value tomorrow.!!

We disagreed on this for two reasons;

1. We need a months notice for increase in rent
2. there are many 'jobs' that need doing (not agreed in initial tenancy) before we are prepared to pay full market rent. (we have mains smoke alarms but they don't work, no carbon monoxide alarms, boiler not serviced & leaks, Oil tank leaks, ect.)

After a long conversation by text, (They wouldn't answer the phone.!) the LL then informed us he would give us our notice.. On 2nd August we received a section 21 in the post, giving us until 30th September to move out :eek:

We knew we would have a problem renting again, with three dogs & poultry, so decided to buy :j Our new house, however, won't be ready until early November at best.

He also never protected our deposit & I have a feeling that we won't be getting it back, There is no way the have any tenants lined up as Letting agents have refused to take it on until works have been completed & no local adverts have been placed.

My question is; Where do we stand on overstaying our notice.? Do we inform the LL that we can't move out on time.? Do we pay the rent as normal.?

Guest101

Paddy_Jive wrote: »

We moved into our rental property in April 2013 on a reduced rent in exchange for painting & decorating the property. It was agreed that we would have a 2 year short hold tenancy. In April this year the LL failed to provide us with a new tenancy agreement & so our current one ran on a month by month basis. On July 31st we were contacted by the LL to say that we had to sign a new tenancy agreement today & the rent will go to full market value tomorrow.!!

We disagreed on this for two reasons;

1. We need a months notice for increase in rent
2. there are many 'jobs' that need doing (not agreed in initial tenancy) before we are prepared to pay full market rent. (we have mains smoke alarms but they don't work, no carbon monoxide alarms, boiler not serviced & leaks, Oil tank leaks, ect.)

After a long conversation by text, (They wouldn't answer the phone.!) the LL then informed us he would give us our notice.. On 2nd August we received a section 21 in the post, giving us until 30th September to move out :eek:

We knew we would have a problem renting again, with three dogs & poultry, so decided to buy :j Our new house, however, won't be ready until early November at best.

He also never protected our deposit & I have a feeling that we won't be getting it back, There is no way the have any tenants lined up as Letting agents have refused to take it on until works have been completed & no local adverts have been placed.

My question is; Where do we stand on overstaying our notice.? Do we inform the LL that we can't move out on time.? Do we pay the rent as normal.?

1: You carry on paying the agreed rent.
2: you say nothing, change the locks and live at the property.
3: s.21 means the LL will go to court to evict you, if he has never protected the deposit, then the s.21 is invalid. So he will have to give you another 2 months notice before applying to court, which takes 6 weeks at least.

That takes you happilly into the new year.

Enjoy your new home.

Edit: make sure you sue for non-protection of deposit.***

Paddy_Jive

Ahh I'm glad you mentioned the invalidity of the Section 21, as I was under the same impression. So he has to give another 2 months notice before he can go to court.? If so that takes us to the end of November.?

mrginge

You haven't given any notice.
You stay there and pay your rent until you are ready to give notice.
If the deposit is unprotected then the s.21 is invalid.
You can point this out to the LL if you wish. Personally I wouldn't until they applied to court to evict.
When you have left, sue them for non-protection, use the penalty to have a nice long holiday.

Guest101

Paddy_Jive wrote: »

Ahh I'm glad you mentioned the invalidity of the Section 21, as I was under the same impression. So he has to give another 2 months notice before he can go to court.? If so that takes us to the end of November.?

Sort of, he'll apply to court.

You arrive to present your defence (invalid due to non protection of deposit). - The judge may dismiss the case prior to hearing if he/she looks at the defence submitted before the day of the hearing.

The judge dismisses it there and then.

The LL then gives another 2 months notice (after returning the deposit)

mrginge

Paddy_Jive wrote: »

Ahh I'm glad you mentioned the invalidity of the Section 21, as I was under the same impression. So he has to give another 2 months notice before he can go to court.? If so that takes us to the end of November.?

He has to return the deposit before he can issue a valid s.21.
And you can still sue him.

squeeks

As others have said ignore the section 21 at the moment, it is all hot air and will get rejected. If the LL rocks up on the 30th of September, you may want to look up illegal evictions.

I would however look more at the gas inspection as I understand this is a legal requirement and directly affects your safety.

If the LL is looking at putting the rent up in short order or getting you out they may e financially stretched, and people don't always act rationally or business like under those circumstances.

Paddy_Jive

Okay that's peace of mind at least.

So should the s.21 have given two months notice.? Technically ours only gives 1 month, as it was served on the 2nd of August but ask us to vacate by 30th September.?

Guest101

Paddy_Jive wrote: »

Okay that's peace of mind at least.

So should the s.21 have given two months notice.? Technically ours only gives 1 month, as it was served on the 2nd of August but ask us to vacate by 30th September.?

It's invalid anyway, no need to look at dates posted etc.

Paddy_Jive

The Boiler is oil fired and hasn't been serviced in years & currently has an ice cream tub catching oil. How do I take this further.?

Paddy_Jive

Guest101 That's True.

He lives in Scotland, 14 hrs drive, so can't imagine him turning up but his estranged wife may.!!
I guess it's just a case of seeing what happens on 30th September.

Thanks for all you help