Section 21 valid?

Hope663

I live in a 3 bed in London with my wife and 4 children and received a section 21 notice in May this year. I then received an application for an order of possession from the court with empty boxes for me to fill in last week.

My question is, since receiving the Sec 21 notice in May, I received a call from the landlord informing me that: “I had some personal issues which I have now overcome, you are good tenants and I don’t want you to leave now”, he continued, “will you sign a new contract for £1600?” I replied, I will consider signing a new contract once the the disrepair is fixed (unsecure/leaking toilet, no Gas Safe certificate, exposed live wiring, no thermostat). He replied, “LISTEN LISTEN, Sign the contract, and I will start work”, and left it at that. Roll forward a month.

I was advised to contact housing enforcement in the council re lack of Gas Safe etc.
As soon as I received a letter from the council saying that the LL has been given X time to make good on the property, I started getting builders, plumbers, pest control every day for about 2 weeks, at times here until 11pm, left without a toilet f R 2 days, and all work was done. And then I receive the court papers to fill in.


Just a quick backstory..
I have lived here for over 5 years, always paid rent and have always worked full time. Last year I suffered a 2nd MS relapse and have had to rely on benefits for the first time in my life. The local authority tells me that I need to wait for bailiffs basically but I am dreading that.

Can I buy myself some more time? Was sec 21 notice valid at the time considering there was no gas safe certificate at the property at the time and the fact that the LL told me he does not want us to leave shortly after hand delivering the sec 21 notice?

Thank you in advance for any knowledge you may share with me. Thank you

Slithery

Read this checklist...
https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf

AdrianC

Hope663 wrote: »

Was sec 21 notice valid at the time considering there was no gas safe certificate at the property at the time

Very simple one to answer. Nope.

theartfullodger

&
https://nearlylegal.co.uk/section-21-flowchart/

G_M

theartfullodger wrote: »

&
https://nearlylegal.co.uk/section-21-flowchart/

I think I prefer Mr Prichard's version above.

I admit I've only made a glancing comparison but think I've spotted a contradiction between them - and my feeling is it's nearlylegal that are wrong.

happy to be corected though as I'm tired!

where a tenancy started before Oct 2015:


* MarkPrichard jumps all the requirements relating to EPC, Gas report etc - ie they are not required in older tenancies for a s21 to be valid.

* nearlylegal appear to show that a S21 is invalid if there is no EPC etc, irrespective of the start date of the tenancy.

Views?

Comms69

G_M wrote: »

I think I prefer Mr Prichard's version above.

I admit I've only made a glancing comparison but think I've spotted a contradiction between them - and my feeling is it's nearlylegal that are wrong.

happy to be corected though as I'm tired!

where a tenancy started before Oct 2015:


* MarkPrichard jumps all the requirements relating to EPC, Gas report etc - ie they are not required in older tenancies for a s21 to be valid.

* nearlylegal appear to show that a S21 is invalid if there is no EPC etc, irrespective of the start date of the tenancy.

Views?

It’s a good point; and as far as I know you’re right.

In the case of the OP, would it matter given that they have signed a new fixed term since the original s.21?

D_M_E

It's not clear whether or not OP has signed a new contract from what was posted - don't think a new one was actually signed.

Slithery

Comms69 wrote: »

In the case of the OP, would it matter given that they have signed a new fixed term since the original s.21?

Have they?

It's unsure from the OP.

Comms69

Slithery wrote: »

Have they?

It's unsure from the OP.

Ok fair point. I literally must’ve made it up reading back.

Another angle then- the council served an improvement notice; which means no s.21.

Hope663

Hey thank you for your replies folks.


Just to confirm that I have signed No new tenancy, the original assured short term tenancy contract was signed in 2013 via an estate agents... He done away the estate agent 2 years later and never asked me to sign anything untill recently, prior to the court action, Sorry for not being very clear

Hope663

2013 Orignal contract Signed
May 2018 Recieved sec 21
July 18 Recieved phone call from LL informing me that "“I had some personal issues which I have now overcome, you are good tenants and I don’t want you to leave now”. The call was recorded, can this reset the clock?
July 18 Council send letters re disrepair, no gas safe etc
11/10/18 Recieved court papers (application for possession)