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

jayson043

booksurr wrote: »

have you actually read the thread?
I sympathise with the view of looking after No 1, but OP needs to understand that in doing so there could be repercussions as he would be in breach of his tenancy agreement.

The OP is obviously aggressively annoyed but mutual wrongs by him and the LL do not make a right, all it makes is playing T for T

Still my advice would be the same. You need to empathise with the situation. It’s fairly unclear what the repercussions if any could be. The landlord has provided notice to evict and is failing based on what has been written to manage their property. There is no criminal offence being committed here, in these situations my advice is to try and work things out if the other party is not being supportive then look after No1. If that means leaving the property early than allowed under the tenancy (to be determined) so be it, if the repercussions mean going to court then I am sure the poster would appreciate that day in court as based upon what they have written they feel they are in the right! And if they do end up in court they can counterclaim and yes all the information (boiler etc is relevant) at that point, that why there is the counterclaim process!! And the landlord probably won't bother as they know they have failed in their obligations.

Pixie5740

This is getting painful now. The OP is not due any compensation for the faulty boiler and electrics. Nothing, zip, nada, diddly squat. They are not counter claims for moving out and not paying rent.

If the OP was that bothered about the boiler and electrics he would have:

1) Written (ink, paper, stamp) to the address for the serving of notices given in his tenancy agreement. He didn't do that.

2) If the landlord failed to act he could have contacted the council about the repairs. He did manage to do this once but then chose to continue living with what he describes as dangerous electrics rather than going back to the council.

The landlord sounds terrible but the OP hasn't done much to help himself in the situation.

At best he could sue her for not protecting his deposit that's it. With a bit of luck neither party will take the other to court and the OP can move on with his life.

Guest101

jayson043 wrote: »

Still my advice would be the same. - So it would be incorrect? You need to empathise with the situation. - No, no-one needs to do that. Some people may choose to do so. It’s fairly unclear what the repercussions if any could be. - Nope, it's completely clear. The landlord has provided notice to evict - no he or she hasnt. and is failing based on what has been written to manage their property. - Irrelevant. There is no criminal offence being committed here, - this is the first mention of a criminal offence. AFAIK no-one has suggested there is. (though there could be risks of a number of criminal offences) in these situations my advice is to try and work things out if the other party is not being supportive then look after No1. - Huh? If that means leaving the property early than allowed under the tenancy (to be determined) - whats to be determined? so be it, if the repercussions mean going to court then I am sure the poster would appreciate that day in court as based upon what they have written they feel they are in the right! - The OP is ignorant of how the courts work. And if they do end up in court they can counterclaim - What for? and yes all the information (boiler etc is relevant) - Not at all. Totally irrelevant. at that point, that why there is the counterclaim process!! - What for? Please quantify the OPs 'loss'. And the landlord probably won't bother as they know they have failed in their obligations.

It's unfortunate the OP will probably read your post, think finally someone gets it.

Whereas infact you have absoutely zero basis for this advice, outside of - 'this is how it should be'

Miss_Samantha

Guest101 wrote: »

It's up to 3x. The court won't award that to a tenant who doesn't pay rent...

The penalty for non-compliance is based solely on the degree of 'culpability' of the landlord, and I am afraid that the tenant's rent arrears are not relevant.

shortie82

Unfortunately like us you are bound to the contract you signed with regard to your tenancy. Our landlord wrote us a letter in October explaining that he is giving us 6 months notice that he would like us to leave. He also mentioned that he will serve us with a section 21 two months before.

We have to leave by the 10th May 2016 and I have to confirm that we will leave and when we will hand the keys back so someone can be at the property to inspect. However if I given notice then the council could argue that we are making 'ourselves' homeless and won't house us unless we have an official eviction notice from the court!

I'm stressing now and its only December!

[Deleted User]

Shortie, go to the council and explain the situation. But as far as I understand it, the eviction actions have to come from the LL. He has to issue the S21, he has to get the possession order, and he has to get the bailiffs warrant. You need do nothing, if you are going to be evicted anyway.

As you rightly point out, if you do give notice, you will be regarded as making yourself voluntarily homeless. So don't do this. Leave it up to the LL (who may be a she lol). If they want you out, they will have to follow a certain procedure.

Good luck.

Pixie5740

shortie82 wrote: »

Unfortunately like us you are bound to the contract you signed with regard to your tenancy. Our landlord wrote us a letter in October explaining that he is giving us 6 months notice that he would like us to leave. He also mentioned that he will serve us with a section 21 two months before.

We have to leave by the 10th May 2016 and I have to confirm that we will leave and when we will hand the keys back so someone can be at the property to inspect. However if I given notice then the council could argue that we are making 'ourselves' homeless and won't house us unless we have an official eviction notice from the court!

I'm stressing now and its only December!

The posts on the 1st page of this thread have already explained that a tenancy can only be ended by the tenant or a court. Please read them and the link to Ending/Renewing an AST. You do not have to leave the property by 10th May 2016. You also don't have to wait to be housed by the council, you could find another private rental.

G_M

you seem not to understand. It has already been explained!

shortie82 wrote: »

Unfortunately like us you are bound to the contract you signed with regard to your tenancy.
Yes and no. You are bound by contract law, and hence the contract, but statute (acts of parliament) also apply, and over-ride contract law.
Our landlord wrote us a letter in October explaining that he is giving us 6 months notice that he would like us to leave.
very kind of him, but in no way legally binding
He also mentioned that he will serve us with a section 21 two months before.
If he does, then that opens up the option for him to apply for possession of the property, but it does not end the tenancy.
If he does not, then the ball is in your court - stay or leave when the fixed term expires.

We have to leave by the 10th May 2016
Why? Has there been a court possession hearing? I doubt it since the court would not give you 5 months!
and I have to confirm that we will leave
a) you don't have to leave and
b) even if you did have to leave, you would not have to confirm anything
and when we will hand the keys back so someone can be at the property to inspect. However if I given notice then the council could argue that we are making 'ourselves' homeless and won't house us unless we have an official eviction notice from the court!
that is perhaps the only accurate statement in your entire post!

I'm stressing now and its only December!

Well you've got 5 months till May to

a) Find somewhere else to live

b) learn about how tenancies end

see

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?