section 21

csgohan4

OP you need to provide this important info from the start not feed it to others in drips and drabs.


He has to find somewhere to live eventually, your stepson needs to get into rehab asap

G_M

tibbers wrote: »

Hi all,
My stepson has been issued with a section 21 ......the letting agency and they told him that if he paid his rent on time, (was due 17th aug and he paid it), then he can stay in the flat but he has to have another flat inspection (it was very untidy etc last one), and if there is no more complaints, then all is good.

Also for the past 2 weeks, the agency have been asking for proof of id from ourselves as were guarantors, and from my stepson.

So what is your problem.

1) Make sure he pays his rent on time
2) Make sure he cleans and tidies the flat and has an inspection
3) Provide ID for yourselves
4) Make sure he provides ID

Whether these steps are fair, justified, or can be legally enforced is irrelevant. They are all fairly simple steps to take and make no huge demands of either him ot you. So comply, and the S21 will not be enforced. Sorted!

Fail to take these steps and the LL is likely to enforce the S21 Notice. That may raise questions as to the validity of the S21, but make no mistake, even if it is invalid, it will eventually be corrected and he will be evicted, so why not take the easy option?

KingS6

I speculate that perhaps the reason why the LA is getting panicky about sorting out guarantor paperwork, is due to it being required to satisfy their rental payment protection service to the LL. If one is in place.

theartfullodger

As rent coming from UC there will be rent arrears. UC pays in arrears:. Tenancy will specify in advance. Claiming benefits does not change obligation to pay in advance.

Ask tenant to request rent payment statement from agent to check.

marksoton

tibbers wrote: »

There are no rent arrears, the problem arose when he left his job 2months ago, due to drugs, (he was clean of drugs when he moved in, but relapsed in Jan this year), applied for Universal Credit of which they told him he would be sanctioned as he left his job of his own accord. He informed the agents that he had lost his job, so they knew he wouldnt be able to afford his rent for august. They had had complaints about ppl coming and going all hours of day and night, making a noise up and down the outside stairs. The agents also know that he is a drug addict, and it clearly states in the agreement, "no smoking, drugs etc to be allowed in the property", yet they still let him and his friends do this, but as they say, they have no proof so cant do anything.
So, the agents rang us, explained the situation he was in, and said they will issue a section 21 and say that the landlord needed his flat back so that stepson would get a good reference from them and it would also release us from being guarantors.
But, last week, they have constantly been emailing asking for flippin photo id and now they say he can stay!!!

So he's in breach of tenancy then.

He needs to find somewhere else to live.

tibbers

theartfullodger wrote: »

As rent coming from UC there will be rent arrears. UC pays in arrears:. Tenancy will specify in advance. Claiming benefits does not change obligation to pay in advance.

Ask tenant to request rent payment statement from agent to check.

no he isnt in rent arrears.. we paid a months rent in advance when he first moved in, so even with uc, he isnt in arrears

tibbers

marksoton wrote: »

So he's in breach of tenancy then.

He needs to find somewhere else to live.

yes he is in breach of his contract. but as they say, the LA say, they have no proof that smoking and drug taking is being done in their. until they have the proof, they wont do anything. And lets face it, they arent going to get the proof.

Cakeguts

You always pay the first month in advance. So you pay for the month before you live there and then you pay for the next month.

There are conflicting accounts in your post. First you say the rent for August was paid on 17th and then you say that he couldn't afford his rent for August because he has lost his job. Are you sure that what he paid on 17th August wasn't a late payment of July's rent and are you absolutely sure that he did pay this rent?

Guest101

tibbers wrote: »

yes he is in breach of his contract. but as they say, the LA say, they have no proof that smoking and drug taking is being done in their. until they have the proof, they wont do anything. And lets face it, they arent going to get the proof.

They don't need proof, if I suspected a tenant was using drugs in my property and I was vehemently against it, I'd evict ASAP

tibbers

Cakeguts wrote: »

You always pay the first month in advance. So you pay for the month before you live there and then you pay for the next month.

There are conflicting accounts in your post. First you say the rent for August was paid on 17th and then you say that he couldn't afford his rent for August because he has lost his job. Are you sure that what he paid on 17th August wasn't a late payment of July's rent and are you absolutely sure that he did pay this rent?

ok sorry for the confusion, he lost his job yes, applied for uc, but, as he had left job of own accord they told him he would probably be sanctioned. So, no he wouldnt get housing benefit to pay rent. The August rent was for July and we paid it as we are guarantors. So , now that we have paid his rent, he is safe to stay in the property according to the LA.
He has never missed a payment of rent, as like i said before, it comes out of our account, then he transfers the money back to us when he gets his uc.. so it is always paid...