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Section 21 Notice to Quit.
Comments
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Normally at this stage we ask, "what's your aim here?"
Do you want to stay till 31st Jan, do you want to stay as long as possible, are you just trying to make life hard for the LL?
Even if the S21 was valid, if you didn't move out on 1st December, there's no chance of being evicted by end Jan so you are OK on that front.
From this sentence "after they have expended a considerable amount of money for the privilege." It looks like you have a problem with the agent, but remember it's not the agent that will be paying and going to court, all of that pain goes on the LL. So depends on whether he was a decent LL or not whether you want to punish him.
The reason I am annoyed is because The Section 21 arrived out of the blue with no forewarning. Had the Agent taken the trouble to ring me and explain what was happening and the reason why it wouldn't have been so bad.
The Flat I live in is one of 3 96A,B and C created from the division of a former house. As far as I am aware I am the only Tenant that has received the notice. Ironically out of the three I am the model tenant always paying my rent on time, keeping the place presentable and not creating a nuisance to any of my neighbours.
As I alluded to earlier in the thread the Tenant below me has no Tenancy Agreement, Paid all his fees and rent upfront in cash in a car park not receiving any receipts.
What sort of Letting Agency conducts business in this manner ? I took my Tenancy out under the previous Letting Agent that was a High Street Chain in Wales. They may have been slow and ponderous but at least they conducted business in a professional manner.
If the case ends up in an Accelerated Possession Application or the Normal Slower Process the Letting Agent is going to have to go to the Landlord and ask for the money for the fees plus possibly Lawyers money upfront. If I win the case I am hoping the Landlord may think twice about employing a cheap and cheerful Lettings Agency that fails to provide a good service riding roughshod over normal procedures and requirements.
It is my belief that the Lettings Agent thinks I am going to roll over and move out on December 1st with barely a whimper - well he in for a shock, and if complicit my Landlord who lives in Australia is going to be seriously out of pocket and !!!!ed off enough to sack the Agent.
My aim is to stay in the Property until I move back up to Scotland early next year. When you said I should be safe till the end of January does that factor in them applying for the Accelerated Possession Order say on December 2nd the day after my requested departure ?0 -
Yes. :T
Are you being facetious
I was suprised at the differences - on the GOV UK County Courts Website there are separate downloadable (Wales Only) claim and defence forms for Accelerated Possession Orders.
Unfortunately for me The How to Rent Guide not being provided is not a reason to make Section 21 Notice invalid in Wales.
It may be worth highlighting the differences as there are probably a few other people who think England and Wales are the same when it comes to these matters.0 -
As I alluded to earlier in the thread the Tenant below me has no Tenancy Agreement, Paid all his fees and rent upfront in cash in a car park not receiving any receipts.
What sort of Letting Agency conducts business in this manner ? I took my Tenancy out under the previous Letting Agent that was a High Street Chain in Wales. They may have been slow and ponderous but at least they conducted business in a professional manner.
The tenant below absolutely does have a tenancy agreement. A tenancy agreement does not have to be in writing, at the very least he has a Contractual Periodic Assured Shorthold Tenancy. If your neighbour is concerned about the lack of written agreement he has the right to ask the landlord to provide a statement of the terms of his tenancy. The information that must be provided is:
* Start date of the tenancy
* Amount of rent and when he has to pay it (I know he has paid upfront)
* How and when the rent might change
* Length of any fixed term
The letting agent does sound unprofessional and if you have a complaint about the letting agent then you could raise a complaint with the letting agent and if that doesn't work then escalate the matter to whichever redress scheme the letting agent is a member of because they have to be a member of one. Not only is there a fine if they aren't signed up to a redress scheme but it is part of the Rent Smart Wales membership criteria.If the case ends up in an Accelerated Possession Application or the Normal Slower Process the Letting Agent is going to have to go to the Landlord and ask for the money for the fees plus possibly Lawyers money upfront. If I win the case I am hoping the Landlord may think twice about employing a cheap and cheerful Lettings Agency that fails to provide a good service riding roughshod over normal procedures and requirements.
It is my belief that the Lettings Agent thinks I am going to roll over and move out on December 1st with barely a whimper - well he in for a shock, and if complicit my Landlord who lives in Australia is going to be seriously out of pocket and !!!!ed off enough to sack the Agent.
My aim is to stay in the Property until I move back up to Scotland early next year. When you said I should be safe till the end of January does that factor in them applying for the Accelerated Possession Order say on December 2nd the day after my requested departure ?
You've told us that you have a 6 month fixed term contract which started 1st August. If that is the case how could a possession order requiring you to move out earlier than 31st January be granted?
The letting agent cannot represent the landlord in court so given the landlord lives in Australia he would most likely appoint a solicitor to act on his behalf.
Who knows if this will even get to court. Just because a Section 21 is issued it doesn't have to be acted upon by either party.0 -
The "How to Rent" booklet is a red herring. Apparently it does only apply to England. The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 - section 3 says...3.—(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a person acting on behalf of such a landlord, must give the tenant under that tenancy the information mentioned in paragraph (2).
(2) The information is the version of the document entitled “How to rent: the checklist for renting in England”, as published by the Department for Communities and Local Government, that has effect for the time being.
s39 of the Deregulation Act 2015 says....
(2) Regulations under subsection (1) may—
(a) require the information to be given in the form of a document produced by the Secretary of State or another person,
(b) provide that the document to be given is the version that has effect at the time the requirement applies, and
(c) specify cases where the requirement does not apply.
(3) A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).
No mention of Wales.0 -
You've told us that you have a 6 month fixed term contract which started 1st August. If that is the case how could a possession order requiring you to move out earlier than 31st January be granted?
The letting agent cannot represent the landlord in court so given the landlord lives in Australia he would most likely appoint a solicitor to act on his behalf.
Who knows if this will even get to court. Just because a Section 21 is issued it doesn't have to be acted upon by either party.
If you remember (I know the thread is long) I originally moved in on 1/3/17 and signed an AST for 6 months which was never subject to a renewal notice by the first Letting Agency so I take it became a periodic tenancy.
The current Lettings Agency took over in January and I signed a new Tenancy Agreement which expired on 1/8/18. In July they sent me a renewal notice saying the landlord was happy for me to stay on another 6 months which would take me up to 1st February 2019. A charge of £72 for which I was exempt applied.
On 27th September I received the Section 21 Notice which says "I give you notice that I require posession of the dwelling known as xxxxxx(address) On : Date of expiry : 1st December 2018.
The reason I know they are expecting to move out on the 1st is that in a subsequent e-mail they asked to come and do an inspection in readiness for the final one when I move out.
Why would they bother to do all this if they don't want me to vacate on December 1st ?
The key element is possibly they feel the renewal notice offering to extend my stay by 6 months from August 1st is not binding (or they have forgotten about it , or being greedy for a fee don't realise it's implications in relation to a Section 21 Notice.
Had this renewal notice not been issued and I'd just carried on paying the rent like I did with the first Letting Agency my belief is their action would be lawful.0 -
Just a quick update - I've made an appointment to see someone from Shelter Wales in a couple of weeks time to hopefully get a definitive answer.0
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