Landlord wanting his house back, various problems- advice needed please

Comms69

swingaloo wrote: »

Thank you G_M. Whats confusing them (and me) is that they have been going on the advice that a Section 21 is invalid because their landlord hasn't complied with the deposit protection, safety certificates etc but looking at the 6A it appears that that advice is all irrelevant if he just uses the 6A. Is that correct?

A 6A form is a section 21 notice. They are literally the same thing, except 6A must be used for tenancies after 1st October 2015.


So it's still exactly the same. (landlord just an idiot)

Comms69

Marvel1 wrote: »

Curious, did they let the landlord know a section 21 will not be valid due to not doing first to ensure it will be valid in the first place?

It's the same thing.


So to clarify - before the dereg act (2015) a notice would simply have to be clear. It wasn't a standard format.


The govt (correctly for once) decided that this was unfair on both tenants and landlords. Tenants would get confusing notices and not be clear as to intention.


Landlords who had complied with everything would make a mistake which would invalidate the notice.


Form 6A was introduced. It's a template. It literally is a s.21 notice.

swingaloo

Ah thank you once again G_M.
Was just confused because on the website it said that a Form 6A was the one to use when a landlord had not complied with the rules for a 21.

Marvel1- They did reply to one of his texts saying that they were not accepting that as notice and that they wanted a valid 21.

Comms69

swingaloo wrote: »

Ah thank you once again G_M.
Was just confused because on the website it said that a Form 6A was the one to use when a landlord had not complied with the rules for a 21. - can you send a link? It literally says use this for s.21 notice https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/824957/Form_6A_INTERACTIVE__1_.pdf

Marvel1- They did reply to one of his texts saying that they were not accepting that as notice and that they wanted a valid 21.

<cough> i'm not G_M <cough>


Also not sure why they replied....

G_M

swingaloo wrote: »

Thank you G_M. Whats confusing them (and me) is that they have been going on the advice that a Section 21 is invalid because their landlord hasn't complied with the deposit protection, safety certificates etc but looking at the 6A it appears that that advice is all irrelevant if he just uses the 6A. Is that correct?

No.


Form 6a is simply the name of the form. The law relating to its use still stems from Section 21 of the Housing Act (as amended).


Hemust still comply with all related leglislation eg protecting the deposit, supplying an EPC, gas report, Gov leaflet etc and if he has not done these things his Notice is invalid (whichever form he uses).


Fo a detailed checklist of whether a S21/Form 6a is valid, see these 88 questions!


S21 checklist (Is a S21 valid?)

G_M

swingaloo wrote: »

Ah thank you once again G_M.
Was just confused because on the website it said that a Form 6A was the one to use when a landlord had not complied with the rules for a 21.

Marvel1- They did reply to one of his texts saying that they were not accepting that as notice and that they wanted a valid 21.

I have no idea what website you found that on!


Why are they replying? If the LL has made a mistak, either using the wrong form, or using the right form but not having protected the deposit etc (thus making the notice invalid), why tell him?


It is not the tenant's job to tell the LL what he should do!


The LL will eventually apply to court for possession, the tenant will tell the judge "but my deposit was not protected" or whatever, and the judge will tell the landlord to take a running jump.


The LL will then have to start again.......

[Deleted User]

Yes no more replies telling LL what he should know already.

Murphybear

Question for G-M

Is this one of the worst Landlords you have come across?

Comms69

Murphybear wrote: »

Question for G-M

Is this one of the worst Landlords you have come across?

Can’t answer for G_M but there’s been stories of illegal eviction here before, which to be fair is much worse

G_M

Murphybear wrote: »

Question for G-M

Is this one of the worst Landlords you have come across?

How about
https://forums.moneysavingexpert.com/discussion/6066596/landlord-as-tenant

But one hears of forced evictions, threats of violence, terrible delapidations being ignored etc.

Sadly the police tend to not get involved in housing matters - partly lack of resource, partly ignorance. And councils/Trading Standards are grossly underfunded under-resourced these days so they too struggle to help.

CAB/Shelter etc provide advice, but don't get their hands dirty actually enforcing the law.


The same is true with this forum. We can advise people of the existance of the Protection from Eviction Act, but the reality of getting it enforced is another matter....


So while things are certainly better than the 'Rackman' era, and we now have many laws protecing tenants, it can be a struggle for a tenant to stand up for themselves especially if non native speaker or otherwise disadvantaged.