Quick Question regarding S21 notice served - INVALID NOTICE?? help much appreciated!

doodling

Hi,

bertie1979 said:

Thanks for all the info.

regarding the fire, I'll have to double check the original tenancy document, as it has oil central heating i didn't really pay much attention to that, but either way a gas safety certificate has NOT been carried out for over 17 months.

Obviously it's quite a complicated case in that the S21, which has been correctly filed (it was incorrectly filed previously and they then had to give me a new 6 month notice period)  by the previous landlord was due to expire end of May, the new landlord bought the property start of April (after speaking to me a few times since December on the phone and via letting agent that they wanted me to sign a new contract - hence why i stopped looking), so there's been a bit of a cross over, but from what i understand failure to complete a S03 notice is a summary offence not exceeding level 4 (think that's £2500).

https://www.legislation.gov.uk/ukpga/1985/70/section/3

So is advice to wait for court proceedings or do I contact the solicitor detailing these issues?

From what you've said so far, no one acting for your landlord ever told you that the S21 wasn't going to be followed through.  The words of someone who didn't own the house at the time can be ignored.  It appears that you can't argue that the S21 has been rescinded.

I would do the following:

1. If you haven't been formally notified of the new landlord then ask the new landlord (or their solicitors) for formal notification.  There is no benefit to you in making an issue of out this - in reality no-one is going to fine them £2500, the people whose job it is to enforce such things (probably the council?) have got better things to do.
2. Wait until court proceedings are issued and put in the absence of a gas safety certificate as a defence.  If you haven't received the notification from (1) then you could add that as well - failing to notify is probably not a big deal but them failing to confirm when asked might make the court pause for thought.  Assuming that the court considers the gas cert a valid defence then it will buy you the time it takes to go round the S21 loop again.
3. Ask the existing EA for assistance in looking for a new place, primarily so you don't look unreasonable, but you never know, they might be able to find you somewhere.
4. Make sure that all the other EAs you are talking to for a new place have your details - ideally you want them to call you before somewhere is listed rather than you having to fight to get a viewing.
5. Work out what you're going to do when you eventually are evicted - it is pretty certain that it will happen, its now just a matter of when.

bertie1979

Right, looking at this again.

Here's my contract, starts 25th April to 24th October.


Notice given 23rd November, stating have to be out by 22nd May (6 months notice).

And the form 6A



So is this actually invalid notice?

bertie1979

Any thoughts?

bertie1979

sorry guys for asking again, just want to double check it is in fact invalid notice given.