Revenge eviction

anselld

Tipsntreats wrote: »

The damp and black mould has now been rectified. The Environmental Health ordered the Landlord to do the work. Inspection was today. The notice was served today - revenge eviction!

s21 served today, but what date was the EH Enforcement Notice served on the L?

G_M

Tipsntreats wrote: »

So can a section 21 be served for no reason? We have always paid the rent on time, no breakages, no breach of contract.

Yes.

Provided the S21 is valid and gives 2 months notice, no reason need be given.

A S21 is invalid if:

a) served before/at the same time as the tenancy starts
b) served before deposit has been registered & the deposit's ‘Prescribed Information’ given to the tenant
c) incorrect dates/notice period
d) expiry date is within 1st 6 months of original tenancy
e) For tenancies starting after 1st October 2015:
- served in 1st 4 months
- new tenancy Prescribed Information has not been supplied (EPC, gas report, "how to rent), or
- council has served a repairing enforcement notice on the landlord, following a complaint by a tenant. See Enforcing repairs here.

A S21 Notice is not a ‘notice to quit’. The tenant does not have to leave after the two months. It simply tells the tenant the LL may seek possession of the property by obtaining a court possession order. But assuming the FT has ended & the S21 was valid (see above), the court will automatically grant the LL possession of the property - no reason for possession is needed.

* 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?

PersianCatLady

So can a section 21 be served for no reason? We have always paid the rent on time, no breakages, no breach of contract.
This is one of the major downsides of private renting but I still do not understand how people don't understand that as long as a tenant is given the correct notice at the correct time and the correct legal procedure is used, then a landlord can give them notice.


Why on Earth do people think that paying the rent on time, not breaking anything and not breaking the contract would give them any additional rights as these are things that actually the tenant is supposed to do?

PersianCatLady

Please can you tell us when the council gave your landlord the improvement notice?


Here is some information about section 21 and improvement notices -
"Section 21 served after the council sends your landlord a notice
If the council send your landlord an improvement notice or notice requiring improvement and your landlord later gives you a section 21 notice, it won't be valid if it's served within 6 months of the council's notice.
A section 21 notice will be valid if it's served after 6 months have passed"


I hope that it is helpful.

G_M

PersianCatLady wrote: »

Why on Earth do people think that paying the rent on time, not breaking anything and not breaking the contract would give them any additional rights as these are things that actually the tenant is supposed to do?

Perhaps because

* it used to be that way prior to the Housing Act 1988

* it is that way in many other countries

* housing is a very basic need and to people unfamiliar with the law (the majority?) it seems inately unfair that such a basic human necessity should be so insecure

Pixie5740

Why on Earth do some landlords allow properties to get into such a state of disrepair?

Miss_Samantha

G_M wrote: »

Perhaps because

* it used to be that way prior to the Housing Act 1988

* it is that way in many other countries

It never gave more rights.

Tipsntreats

The improvement order was six ago. So I think all is lawful. There is just one thing I was reading. I have a disabled son. To give us more time to find the right accommodation, the disability rights may help.
Thank-you for all your posts.

PersianCatLady

Perhaps because it used to be that way prior to the Housing Act 1988
Although some for people it my be because of that but even really young people believe that LLs are some how out of order for issuing a Section 21 order.


What people seem to forget is that the property actually belongs to the LL and provided that they comply with the law why shouldn't they be allowed to regain permission of their property?

Pixie5740

PersianCatLady wrote: »

Perhaps because it used to be that way prior to the Housing Act 1988
Although some for people it my be because of that but even really young people believe that LLs are some how out of order for issuing a Section 21 order.

Perhaps that's because some landlords are out of order when issuing Section 21 notices. You've requested repairs...here's a Section 21 (although thankfully less of an issue for tenancies which started 1st Oct 2015 onwards). You don't want me doing monthly inspections....here's a Section 21. Today has a "Y" in it....here's a Section 21. I told you this was going to be a long term let but just weeks after you moved in I've decided to sell....here's a Section 21. I'm an ignoramus and just blindly go along with whatever the letting agent I chose does so if you don't want to pay hundreds of pounds for an unnecessary tenancy renewal...here's a Section 21.

People's homes should be more secure than this and I am glad the Section 33 (Scottish equivalent of a Section 21) is being abolished. Landlords will actually need a reason to evict tenants.

PersianCatLady wrote: »

What people seem to forget is that the property actually belongs to the LL and provided that they comply with the law why shouldn't they be allowed to regain permission of their property?

What you don't seem to understand is that when a landlord creates a tenancy then that landlord is giving possession of that property to the tenant. Much in the same way that a freeholder grants leases and leasehold has possession of the property. Landlords cannot just take possession of the property back either the tenant has to agree or the landlord needs a court order.