Section 21

TomServo

Hi!

In June my landlord sent me a Section 21 after 17 years of living in the property, having always paid rent on time, and usually early. I'm aware that they can do this if they choose, and that's not my issue here. My last 12 month agreement ended in June 2020 so it's now a periodic tenancy.

Firstly, the Section 21 was merely written on a sheet of A4 with a date to leave by 31 October 2020, by "virtue Section 21 of the Housing Act 1984". Not on a form 6a or with the same information provided on form 6a.

My deposit wasn't protected. I've never been given an EPC, or a How To Rent Guide.

When my landlord emailed me to arrange a time to inspect the property on 17 October 2020, I asked about my deposit and they denied I'd even paid one and demanded proof, which I gave. I advised the landlord that their Section 21 was invalid because the deposit wasn't protected and therefore needed to be refunded first.

Six weeks later my landlord asked for my bank details, and repaid my deposit on 1st September 2020.

On 8th September 2020 an EPC check was done on the property but I'm yet to receive a certificate.

I've been anticipating a new Section 21 being sent ever since, but still nothing.

On 28 September my Rightmove email alert sent me a listing for my home address with an auction date of 11 November. The listing details state that the property was "tenanted until recently".

As far as I'm concerned, my Section 21 was invalid for the reasons above. A new, valid Section 21 can be issued if I'm first given the correct How To Rent Guide and the EPC. I believe I'm correct, that the new Section 21 would now need to give me 6 months notice.

I sought assistance from  a Council Housing Adviser on 21 August and they said they'd call my landlord and speak with them then contact me with an update. Having heard nothing from the adviser, I called them back 3 days ago and he told me he couldn't reach the landlord and basically forgot all about it. I thought he was going to help me but he has done literally nothing at all. 

The landlord apparently still expects me to vacate by 31 October 2020 as they've listed the property for sale at auction as untenanted, rather than with a sitting tenant.

I've emailed the CAB for help since the Housing Adviser has been a complete waste of time. Any comments or suggestions are welcome.

TomServo

I'm aware that the landlord would need to go to court to evict me. However, the landlord is quite clueless about the correct procedures and is simply going about it regardless.

greatcrested

The S21 is invalid for a number of reasons.

bouicca21

Perhaps inform the auction house that their details are incorrect?  Or try to get the LL to offer a bung to get you to go?

but surely a deposit paid 17 years ago did not need to be protected?

greatcrested

bouicca21 said:

but surely a deposit paid 17 years ago did not need to be protected?

At that time, no.

However OP said that "My last 12 month agreement ended in June 2020 " so yes, the deposit should have been protected when the fixed term contract following 2007 was signed.

Having said that, the deposit has now been returned so LL could serve a new S21.

greatcrested

To fully verify the S21, check all 88 questions here

S21 checklist (Is a S21 valid?)

This is accurate other than the recent Covid changes, so still rfers to '2 months notice' which is now 6 months (if/when a new S21 is served).

Not sure why either you or the housing adviser need to speak to the LL and tell him what he ought to know, and do.

You can simply stay and do nothing. LL's problem, not yours.

However, eventually (in about 9+ months) he'll be able to evict you,so either find somewhere yourself, serve notice yourself, and leave.

Or negotiate with him to get a one-off payment to leave earlier.

pinkshoes

You have you have your deposit back. The LL wants to sell.

What do YOU want? Are you in a position to buy it? If not, then I suggest starting to look for somewhere else to live.

You have plenty of time on your hands as the S21 is invalid.

tom9980

I would plan to leave, then wait for it to sell at auction, once the hammer falls you are in a great position to be offered a decent sum to leave the property. No matter what happens the power is in your hands you just need to know your rights and fight to enforce them.

SpiderLegs

tom9980 said:

I would plan to leave, then wait for it to sell at auction, once the hammer falls you are in a great position to be offered a decent sum to leave the property. No matter what happens the power is in your hands you just need to know your rights and fight to enforce them.

Yes I would be more than happy to sit tight, ignore any communication from the LL and count the days until the auction.
oh and you might want to change the locks too.

[Deleted User]

Personally I would let the LL know that he should have issued a new S21 and 6 months notice will be required.  I wouldn't fancy having irate supposed 'new owners' turning up, expecting the property will be theres a month after auction.  I wouldn't want to be in the middle of that.  Its the LL's problem but in this situation I'd try to head off the worse case scenario because it will affect me personally with two different parties.  I'd not do this if it was just the LL. 

I'd also contact the Housing Officer again, they may have done nothing the first time, but they should the second time.  Its better if they deal with the LL rather than you.  The LL clearly has no idea, the housing officer will have authority you don't.  I'd do my best to get them on side rather than !!!!!! them off.  They could be very helpful.  Or if you prefer, contact Shelter.  But personally, the Housing Officer is the better option.    If you don't get the response you want, ask for their manager.  Again, don't be too strident, you need them on side.

The CAB are often volunteers reading from their database.  The information I've been given by the CAB on important matters has been wrong twice. Then they sent me to a solicitor who didn't even turn up to the meeting and I was never able to arrange a second meeting, I was just ignored.  Never been to CAB again.

Comms69

I'd say "£10k and ill leave on the 31st..."