Should I stay or should I go?

Anna1965

G_M wrote: »

S21 must give 2 calender months, not 8 weeks (see below). So if the S21 when it comes quotes a date 8 weeks away as its expiry date it willbe invalid and will be thrown out if the LL takes it to court to seek possession.

Keeping the keys as suggested by someone is not a good idea. If you keep the keys, the tenancy willnot have ended, and rent will still be due and further notice need be served.....

For a full list of reasons why the LL might get the S21 wrong, see:

S21 checklist (Is a S21 valid?)



Housing Act 1988
Section 21(notice to gain possession)


Sample: http://www.legislation.gov.uk/uksi/2015/1646/pdfs/uksi_20151646_en.pdf

G_M, if I could I'd insert an 'e' in between your username! Thank you!!

Yes, contrary to the advice I was given, I'm not going to keep the keys to the house.

Anna1965

Pixie5740 wrote: »

You're lack of organisation? :rotfl::rotfl::rotfl:

Your tenancy does not end 1st April and the Section 21 doesn't give you 8 weeks to leave.

It's a shame that the LL thinks I'm disorganised, yes

I guess they're stressed out, just like me. I wish I could offer more to them in terms of leave date just to relieve both of our stress. Had I been an LL I'm not sure I could have bought a house if it depended on my tenant leaving on a given date.

Thanks to you as always, Pixie. You're a star!

lookstraightahead

You really are far too nice. They are treating you badly.

Anna1965

lookstraightahead wrote: »

You really are far too nice. They are treating you badly.

Thanks for your reply. I think it's been a steep learning curve for both parties.

Comms69

Can’t remember if this was mentioned but;

Lack of EOC and lack of gas safety certificate or how to rent guide ( BEFORE moving in ) would also invalidate the s.21

As for being liable for costs...

Here’s my reply:

Dear LL,

Thank you for your email.

Your recommendation to get advice is a most excellent one.

Please note as you have failed in your fundamental duty to place my deposit in a prescribed scheme, along side your continued harassment, I shall be seeking the maximum penalty available via the courts.

Your lack of organisation in relation to your living arrangement is unfortunate. As is your inability to deal with this situation in a professional and businesslike manner.

Please do not contact me via email, telephone or face to face again. Any further incidents will be reported to the police as I consider you to be harassing me.

Kind regards

diggingdude

How much is the damage to the door going to cost you? Did they agree to a catflap in writing with no mention of removing it afterwards?

Anna1965

Comms69 wrote: »

Can’t remember if this was mentioned but;

Lack of EOC and lack of gas safety certificate or how to rent guide ( BEFORE moving in ) would also invalidate the s.21

As for being liable for costs...

Here’s my reply:

Dear LL,

Thank you for your email.

Your recommendation to get advice is a most excellent one.

Please note as you have failed in your fundamental duty to place my deposit in a prescribed scheme, along side your continued harassment, I shall be seeking the maximum penalty available via the courts.

Your lack of organisation in relation to your living arrangement is unfortunate. As is your inability to deal with this situation in a professional and businesslike manner.

Please do not contact me via email, telephone or face to face again. Any further incidents will be reported to the police as I consider you to be harassing me.

Kind regards

Thanks for your input Comms, as always. I just wanted to pick up on the EPC and gas safety certificate. Annual checks were done but I've never received a copy of the certificates, I'm assuming they went straight to the LL. A 'How to Rent Guide' was issued to me in March 2018 by the Agent, when a new TA was drawn up - damned if I can find it though! I know I definitely have not been given the update version called 'How to Rent: The Checklist for Renting in England'.

Prior to the new TA the LL had at no point given me a guide when I moved in (2014).

I've received a cheque from the LL for my deposit. The amount is wrong; £70 short. I have checked my bank statement from 2014 to clarify this.

I've been trawling through the guidance links given by G_M, which have been very helpful in making sense of the s.21 procedures and the pitfalls in not submitting correct information.

Anna1965

diggingdude wrote: »

How much is the damage to the door going to cost you? Did they agree to a catflap in writing with no mention of removing it afterwards?

I haven't damaged the door in any way, other than put in a catflap. I asked the LL if I could put one in and he agreed. Unfortunately, this was done over the phone, so there is nothing in writing. I have permission on the TA to keep my two beloved cats though.

tlc678910

Hi,
Does your rental contract state the deposit amount? It’s often one months rent. The amount you paid may have included a fee for the inventory, credit check or contracts.

I agree that you have good ammunition to return fire at the landlord with the non protected deposit.

Something along the lines of .....as you will be aware due to the non protection of my deposit I am entitled to sue for 1-3 times the value of my deposit. As my deposit has remained unprotected for the entire duration of my tenancy and only returned so that you can serve me a section 21 I am likely to be awarded the higher end of this. As a responsible tenant I intend to leave the property in good condition and to pay the rent due however I am writing to make you aware that if I am asked for monies after my tenancy ends in any form I will sue for my non protected deposit. I have up to six years to do this.

I think it is preferable we both move forward without unnecessary litigation but that choice is in your hands. When I have a signed tenancy agreement for my new property I will give you the four weeks notice that you require. If you would like to negotiate a shorter notice period please let me know as soon as possible otherwise I will plan the start date of my new tenancy to avoid excessive overlap.

I feel we both know where we stand and now I ask that you do not contact me again unless there is a material change that makes it necessary. I will consider continued contact about the same matters to be harrasment.
Yours ...

Good luck!

Anna1965

tlc678910 wrote: »

Hi,
Does your rental contract state the deposit amount? It’s often one months rent. The amount you paid may have included a fee for the inventory, credit check or contracts.

I agree that you have good ammunition to return fire at the landlord with the non protected deposit.

Something along the lines of .....as you will be aware due to the non protection of my deposit I am entitled to sue for 1-3 times the value of my deposit. As my deposit has remained unprotected for the entire duration of my tenancy and only returned so that you can serve me a section 21 I am likely to be awarded the higher end of this. As a responsible tenant I intend to leave the property in good condition and to pay the rent due however I am writing to make you aware that if I am asked for monies after my tenancy ends in any form I will sue for my non protected deposit. I have up to six years to do this.

I think it is preferable we both move forward without unnecessary litigation but that choice is in your hands. When I have a signed tenancy agreement for my new property I will give you the four weeks notice that you require. If you would like to negotiate a shorter notice period please let me know as soon as possible otherwise I will plan the start date of my new tenancy to avoid excessive overlap.

I feel we both know where we stand and now I ask that you do not contact me again unless there is a material change that makes it necessary. I will consider continued contact about the same matters to be harrasment.
Yours ...

Good luck!

Thank you for your reply, it's much appreciated. There has been further developments over the weekend which I'll go on to post which will possibly change things.