Unsure of landlords intentions

Nana480

Afternoon everyone, I have a couple of questions. Long story short, daughter and partner are renting a house and have a baby and anther one on the way.

In January someone came to look at the house as it was being sold (from an estate agent?).
It turns out that the landlord has decided to no longer use an agent and will manage the property himself. He then said he was selling it, 2 year tenancy runs out in a couple of months. They have asked for a section 21 from people that used to manage the property and landlord. Both have said no!

Someone came to do an energy efficiency assessment? on the house but would not issue the certificate as there have been no gas safety checks for 3 years.

Now he is not selling the house and will offer a monthly rolling contract at the end of the current one with a higher rent
So the questions are, are they able to have a section 21.What happens with the gas safety checks?

Thanks for reading

lincroft1710

No gas safety certificate can mean severe penalties for the landlord, a £6,000 fine and/or 6 months imprisonment for each offence.

unforeseen

You will automatically go on to a rolling one month contract at the end of your fixed term unless your current contract says something different. This will be at the current rent regardless of what the landlord says.
This is called statutory periodic tenancy.

HampshireH

Why do they want a s.21? To go to the council?

If they can afford to privately rent why don't they find somewhere else and give notice?

To answer your title. The landlords intention was to sell. It would see that that may still be on the cards if he doesnt want to engage in another fixed term tenancy.

G_M

It's entirely up the Landlord whether to serve a S21, and if he does not want to evict the tenant, why on earth would he serve one?
Even if he serves a S21, that does not end the tenancy or result in eviction - only a court can do that.

If the tenant wishes to leave, he should serve the proper notice on the landlord (see link below).

An annual gas report is compulsory. If the tenant has not received a copy within the last 12 months, he should first write to the LL (at the proper address) asking for one, and if that fails, report it to HSE here.

(a S21 is invalid if there is no valid gas report).

Did the tenant receive an EPC at the start of the tenancy? Again, it's compulsory, and without one, the LL cannot serve a valid S21 Notice.

When the fixed term ends, a periodic (rolling) tenancy starts automatically, at the same rent.

If the LL wishes to increase the rent, see the link below.


* 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?

* Rent increases: when & how can rent be increased?

Nana480

Thank you for the replies, they are very helpful. Section 21 was because of the price increase. They can't afford to pay more.

G_M

Nana480 wrote: »

Thank you for the replies, they are very helpful. Section 21 was because of the price increase. They can't afford to pay more.

????

If the tenant cannot afford to pay more that still does not explain why they want a S21 Notice served on them!

(well, it does sort of since they clearly don't know


a) what a S21 actually is and means, and

b) how rent increases are suggested or imposed or agreed.

But doubtles after reading the links their eyes will be opened!_

HampshireH

Nana480 wrote: »

Thank you for the replies, they are very helpful. Section 21 was because of the price increase. They can't afford to pay more.

A S.21 would be the landlord giving notice of their intention to end the tenancy. Doing so would then need to be via a court process if your daughter stayed beyond the notice date.

Your daughter can give her own notice and find cheaper accommodation. A S.21 is not required.

Your daughters landlord is entitled to increase the rent providing he does so legally and in compliance with the tenancy agreement.

Your daughter would be deemed intentionally homeless in the social sector should she leave her property. Has she been assessed for any benefits?

If they cannot afford a small (presumed as no figures given) rent increase how are they going to afford the 2nd child?:o (The bigger expense is a child)

Cakeguts

The way it works is that if your daughter wants to move she gives notice to the landlord. The landlord doesn't give notice to her if she wants to move.



If the landlord wants your daughter to move then the landlord issues an S21. But in this case it seems that the landlord doesn't want your daughter to move so they won't be giving her and S21 so it is up to her to give notice to the landlord.


Your daughter and her partner might need to start looking for somewhere else to live if this property no longer suits their needs.

Nana480

Thanks again, I know it is a vague but as it is not my situation I don't want to give too many details. The estate agents managing the house a couple of months ago said if they knew LL was selling they would have sent section 21. I thought they needed this for some reason! The rent increase will mean paying almost 1000 a month for a 2 bed house. I think the best thing is for them to look for something a little less costly. I know I would be.

unforeseen

As has been said, there will be no rent increase UNLESS the LL follows the correct procedure.
Your daughter's tenancy will automatically become a periodic tenancy at the end of the fixed term at the same rate she is paying now.

Your daughter needs to do nothing and nothing will change. It needs to be the LL who needs to do specific things. A S21 can NOT be issued as there is no valid gas certificate.

As for the rent increase see https://england.shelter.org.uk/housing_advice/private_renting/rent_increases