Section 21 Notice has NOT been given!

EmmaAbby

This is for my friend who is having to move out of his rented flat and ONLY got told by phone call (yesterday) that he should make sure that he brings his keys into the letting agency by 12pm (11Nov) Friday!!!! He hasn't even been given a LETTER - Section 21 Notice!!!! They said they sent him one but he has NEVER received one. Are they supposed to get a letter signed by my mate?

I have checked for him and it says on SHELTER website, that he needs two months notice and he is doing periodic tenancy. He also belives that they have not secured his tenancy deposit as he has asked them lots of times for the Deposit ID and they keep saying they will ' get back to him'. They never do...

He has been in the flat for 2 years and has ALWAYS payed his rent on time and never been a problem to them.

He is so worried and does not know where to turn nxt. Please help him thx x

silvercar

They said they sent him one but he has NEVER received one. Are they supposed to get a letter signed by my mate?

A letter posted, with proof of posting, is deemed to have been served 2 business days after posting.

He also belives that they have not secured his tenancy deposit as he has asked them lots of times for the Deposit ID and they keep saying they will ' get back to him'. They never do...

If the deposit isn't protected the S21 isn't valid.

He is so worried and does not know where to turn nxt. Please help him thx x

Doesn't really need to turn anywhere, it sounds like the S21 won't be valid if the deposit hasn't been correctly protected. That said, the landlord wants the property back,s o he is going to have to move out eventually. Time to start looking for the next rental.

anselld

There is no requirement for s21 to be signed for. However, even if s21 is received it is not a requirement to leave, it is simply a notice informing the L intention to seek possession.

2 Months notice is required via a correctly served s21. Even then he can stay until the bailiffs turn up if he wants to.

Check wth the three scheme operators directly if the deposit has been protected. If not he can claim penalty up to 3x deposit via the courts.

david_a

I am no expert, but having read other posts on here even if a section 21 had been served it doesn't mean he has to move out. A court order would be required and the landlord would have to prove the section 21 had been served properly.

booksurr

How much of a fight does he want?

He certainly does NOT have to physically leave next Friday since there is no evidence that the LL has a court order. A S21 is not an eviction notice and he does not have to leave at the end of the 2 months notice it gives even if he had received one. However, if he stays on and the LL does (eventually) get a court eviction order he will be landed with some court costs

that said he needs to do some checks himself right now to be certain where he stands: First he must check with each of the 3 deposit protection agencies whether his deposit has actually been registered or not. Hearsay and half truths from the letting agency (or the LL) is irrelevant. https://www.gov.uk/deposit-protection-schemes-and-landlords/overview

if his deposit has not been protected then any S21 notice is invalid and the LL cannot do anything more about making him leave until the LL returns his deposit in full and reissues a new S21 giving another 2 months notice.

once your friend knows for sure the deposit has not been protected (and even after the LL refunds it - if he does!) your friend can sue the LL for failure to register the deposit and the court should award your friend compensation of at least x1 (or up to max x3) the value of the deposit. So your friend has a lot of power over the LL, power he should use to negotiate a peaceful break rather than you each battling the other because at the end of the day the LL will eventually win and your friend will eventually have to move, but that could take up to another 4 - 6 months if you go to war with the LL hence my first comment - how much of a fight do you want????

G_M

Read:

* Deposits: payment, protection and return

* 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?

[Deleted User]

He should also change the locks so LL/LA can't get in when he's out, just in case they decide to ignore the legal implications of unlawful evictions too.

Cakeguts

What you need to do is to get the actual facts about this. If your friend says he hasn't had a section 21 letter might he not also have had the letter from the court granting possession to the landlord? You need to find out exactly how far this has got and also if the deposit is protected.

Vectis

I always think it would be better if people actually got their 'friend' to post on here rather than expecting help based on secondhand information. Plus, if someone asks a question relating to this it's very unlikely that the op can answer it accurately as he/she is not involved.

moneyistooshorttomention

deannatrois wrote: »

He should also change the locks so LL/LA can't get in when he's out, just in case they decide to ignore the legal implications of unlawful evictions too.

Seconded.

I'd have changed the locks as soon as I moved in personally - ie 2 years ago.

But, if he hasn't done so yet - then do it asap. I wouldnt be surprised if they try to do a surreptitious eviction (ie he came back one day to find his stuff outside the door) otherwise.

theartfullodger

Whilst Section 21 of the 1988 Housing Act talks about tenant being GIVEN (several places in s21..) notice actually it only needs to be served. See...
http://www.legislation.gov.uk/ukpga/1988/50/section/21

the landlord or, in the case of joint landlords, at least one of them has given to the tenant not less than two months’ notice in writing stating that he requires possession of the dwelling-house.

Dog can eat it, fellow tenant shred it, just needs serving.

Wonder what parliament thought they meant when voting for it....