Section 21 valid?

G_M

The timeline is also unclear. OP - please provide dates (exact dates if possible, otherwise best guess) for


* when original tenancy started
* if/when latest fixed term contract/renewal was signed

* when S21 was served
* when council enforcement notice was served on LL
* when work started
* when work finished
* whether work included gas report
* when court possession papers were received
* when court date is

G_M

Hope663 wrote: »

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)

No - can't "reset the clock" based on that.
Please provide all dates.

FBaby

Are you still paying your rent in full since relying on housing benefit?

G_M

Comms69 wrote: »

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

OP said

and all work was done. And then I receive the court papers to fill in.

so the exact timeline matters.


Was the S21 served bfore or after the Enforcement Notice?

Before or after all work was done?

Balabalabala_and_Volare

G_M wrote: »

OP said
so the exact timeline matters.


Was the S21 served bfore or after the Enforcement Notice?

Before or after all work was done?

It doesn't matter. S21 has to be unequivocal. By offering to withdraw it under condition, the LL has made it very much equivocal, and therefor invalid.

G_M

Balabalabala_and_Volare wrote: »

It doesn't matter. S21 has to be unequivocal. By offering to withdraw it under condition, the LL has made it very much equivocal, and therefor invalid.

True but the offer was verbal so open to denial and hard to prove.


Whereas the timing of the enforcement notice in relation to the S21 is certain.

Balabalabala_and_Volare

G_M wrote: »

True but the offer was verbal so open to denial and hard to prove.


Whereas the timing of the enforcement notice in relation to the S21 is certain.

There is a recording of the conversation.

System

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?

As I understand it that has now changed as of 1st October and ALL tenancies come under the revised S21 criteria irrespective of when the tenancy started

G_M

Simonr66 wrote: »

As I understand it that has now changed as of 1st October and ALL tenancies come under the revised S21 criteria irrespective of when the tenancy started

Thanks.
Do you have a reference by any chance?

G_M

Balabalabala_and_Volare wrote: »

There is a recording of the conversation.

Ah! I missed that!