Landlord Served Section 21 in August. She now says I can't move out without notice

JamesJUK

Hi all,

I've had a number of issues with my landlord. In July she wanted to sell the house and served a section 21. I was in a tight spot with money at the time so I went to the council to see if they could help.

Last week we had an offer from the housing. We went to view it and we accepted. I informed my landlord as soon as we get the keys we will be gone.

Her response was:

You will need to give a months notice as I would need to give you.


This is standard and in your tenancy. I am expecting a months rent to be deposited in 2 weeks time james


You can't just move out without giving me notice !

If she has served the section 21 in July (giving us 2 months to leave), do I still need to give her a months notice?

Usually I wouldn't have an issue, but this landlord is awful. Even now we have no heating, and she won't send nobody out to take a look at it. She's been a pain in the backside from day one.

Anyway, am I in the right to up and leave once I get the keys from the housing?

mrginge

JamesJUK wrote: »

Anyway, am I in the right to up and leave once I get the keys from the housing?

no you're not.

Guest101

S.21 notice is just notice to go to court. It does not end your tenancy. Yes you still need to give one rental period notice (assuming SPT).


Did you pay a deposit? Was it protected? Would it cover the rent?

JamesJUK

Could you please show me the legal references that state I have to give notice to leave months after a S.21 is served?

When a landlord serves a S.21 they are asking us to leave within 2 months before it goes to court. That's exactly what we're doing. How can you be asked to leave in 2 months, and then still give a months notice?

Show me cases where the tenant has lost in court due to this. I have searched high a low online and the views are conflicting but nobody has shown evidence to support their claims.

Deposit was paid, but landlord didn't protect, so I asked her to pay it back if she wants to serve a valid section 21. She had to do this.

Pixie5740

A tenancy can only be ended by you (the tenant) or a court. Therefore any notice a landlord serves cannot end the tenancy. It is just notice that the landlord might go to court to get an eviction notice.

When did your tenancy started? How long was the fixed term for?

See G_M's guide for Ending and Renewing an AST for further information.

** The information in the link is for Assured Shorthold Tenancies in England & Wales.

Guest101

JamesJUK wrote: »

Could you please show me the legal references that state I have to give notice to leave months after a S.21 is served? - The Housing Act contains the relevant information, It's 1 rental periods notice to end the tenancy.

When a landlord serves a S.21 they are asking us to leave within 2 months - No the landlord is notifying you they will go to court in two months time to end the tenancy. before it goes to court. That's exactly what we're doing. How can you be asked to leave in 2 months, and then still give a months notice? - You were never asked to leave.

Show me cases where the tenant has lost in court due to this. - feel free to google it. I have searched high a low online and the views are conflicting but nobody has shown evidence to support their claims. - Views are conflicting? The law is crystal clear.

Deposit was paid, but landlord didn't protect, so I asked her to pay it back if she wants to serve a valid section 21. She had to do this.

So sue her for 1-3x the value of the deposit...

Guest101

Celifein wrote: »

So if a LL serves a S21 asking someone to leave on x date and they comply and leave on x date, they still owe the LL a month's rent unless the tenant also serves notice on x date - 1 month?

Wow. Didn't know that.

Almost, the tenant would have to serve notice 1 month prior to x date*

mrginge

JamesJUK wrote: »

Could you please show me the legal references that state I have to give notice to leave months after a S.21 is served?

There are no legal references for this.

There are equally no legal references that state you have to keep paying rent after an s.21 is served.
Or that you have to not burn the property down.

As has been stated, an S.21 does not end the tenancy. You continue to be bound by its terms and the statutory requirements of the housing act. So what you need to do is look for legal references that specifically state that you DO NOT need to give notice in these circumstances. Good luck.

When a landlord serves a S.21 they are asking us to leave within 2 months before it goes to court. That's exactly what we're doing. How can you be asked to leave in 2 months, and then still give a months notice?

Show me cases where the tenant has lost in court due to this. I have searched high a low online and the views are conflicting but nobody has shown evidence to support their claims.

Deposit was paid, but landlord didn't protect, so I asked her to pay it back if she wants to serve a valid section 21. She had to do this.

Since you believe you are correct, just leave. Then come back with the results of your court case and we'll all know for sure.

Pixie5740

If you just leave your landlord could take you to court for unpaid rent as well as the cost of going to court to get an eviction notice. Whether or not she would do this since you could sue her for not protecting your deposit I don't know. So the question is, "are you feeling lucky punk?"

Guest101

Celifein wrote: »

That's what I said: x date minus 1 month (i.e. 1 month before x date).

sorry misread what you wrote. Yes that's it exactly.

JamesJUK

So wait, the landlord does the following, and I am expected to comply with her?

1. In October 2013 the boiler broke. We had no hot water upstairs, and no heating. It wasn't until January that she replaced the boiler. This caused financial distress due to the fact we had to use kettle's and saucepans to make a bath (no shower, it's never worked), and also we had to use electric heaters during this period. An addition 700 GBP+ onto our bill that has now left me in debt.

2. May 2015 the electritc box blew up. It took her 4 days to send someone out only after I reported her to environmental health and they ordered her to fix it, or they would. In this time we had to live without electricity. She sent some random electrician around who has just removed part of the fuse box and left it as it is. The fuse box has wires exposed, and often trips fuses which means I have to dangerously flick those switches. One of the switches has an exposed wire hanging over it, touch that by mistake whilst I'm flicking the switch and I'm probably dead. She's aware of this too.

3. Last week I reported the radiators were not working. They randomly just stopped working. She has sent nobody around, and once again we're left to live without heating. We have an 8 year old who has to sleep in our room because his room is like a freezer.

There's more issues, but she seriously expects me to pay the 1 months rent? She can take it to court, because I will counter he claim with the stuff she's put us through.