is my S21 valid

squizz11

we were given a S21 last year which expires next week
we were given DPS prescribed info but no EPC or how to rent guide,  tho not sure if needed.
address and dates seem fine though husbands name is a C but looks like a G with a C put on top
I need more time so looking for loopholes
thanks  

moneysavinghero

No How to Rent Guide = Invalid S21 (as long as your tenancy started after  1 October 2015)

squizz11

moneysavinghero said:

No How to Rent Guide = Invalid S21 (as long as your tenancy started after  1 October 2015)

our original tenancy started in 2006 but we signed a new contract every year up till 2019

moneysavinghero

But remember that your tenancy does not end when the S21 notice expires. That just means that the LL can apply to the courts for you to be evicted - courts have huge backlogs so in reality you have another 6 months before you are likely to need to move out. And as the S21 is invalid the judge will not evict you anyway.

moneysavinghero

squizz11 said:

moneysavinghero said:

No How to Rent Guide = Invalid S21 (as long as your tenancy started after  1 October 2015)

our original tenancy started in 2006 but we signed a new contract every year up till 2019

Not sure what the rules on this are. Someone more knowledgeable will most likely answer shortly though. 

squizz11

it's a just in case scenario,   We get a UC top up for rent as we get low income and it's been a nightmare so far,  despite a long perfect rental history,  I get given all sorts of excuses.
does the fact we signed our last tenancy in 2019 mean the current tenancy started in 2019
thanks

moneysavinghero

Just looked up the law on this. Section 3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 state:

3.—(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a person acting on behalf of such a landlord, must give the tenant under that tenancy the information mentioned in paragraph (2).
(2) The information is the version of the document entitled “How to rent: the checklist for renting in England”, as published by the Department for Communities and Local Government, that has effect for the time being.
(3) The information may be provided to the tenant— (a) in hard copy; or (b) where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail.
 (4) Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy.
(5) This regulation does not apply—
(a) where the landlord is a private registered provider of social housing;
or (b) where—
(i) the tenancy (“the new tenancy”) is a replacement tenancy;
(ii) the landlord, or a person acting on behalf of the landlord, provided the tenant with the document mentioned in paragraph (2) under an earlier tenancy;
and (iii) the version of the document provided to the tenant under the earlier tenancy is the same version as the version which is in effect on the first day of the new tenancy
 (6) In this regulation “replacement tenancy” has the same meaning as in section 21(7) of the Act.


So it seems that they DO have to provide the how to rent booklet to you when you renew the tenancy if you have not already had it supplied to you. But once you have a copy they don't need to give you a new one each year.

theartfullodger

Sounds invalid but as said s21, even if valid, does not end tenancy nor compel tenant to leave.

Don't go, do nothing, see what landlord does next.  Probably some 12 months to evict given the mess Johnson's made of the court system .

Of course landlord might be willing to £££££encourage you to go.  I'd want £5k upward but I'm a greedy landlord.

squizz11

theartfullodger said:

Sounds invalid but as said s21, even if valid, does not end tenancy nor compel tenant to leave.

Don't go, do nothing, see what landlord does next.  Probably some 12 months to evict given the mess Johnson's made of the court system .

Of course landlord might be willing to £££££encourage you to go.  I'd want £5k upward but I'm a greedy landlord.

I want to go,  just finding somewhere is proving exceptionally hard.   feel like being an exceptionally hard working family with 14 year perfect rental history counts for nothing just because we get a little bit of help and have a dog

theartfullodger

That's sadly the consequences of Thatcher's 1988 Housing Act section 21.  Sorry. Also why buy2let became so popular after it all came into effect.

But you may stay, when you find something give notice expiring done 1 to 2 months later.  Me, I'd see if landlord was willing to "encourage" first before giving notice.

squizz11

theartfullodger said:

That's sadly the consequences of Thatcher's 1988 Housing Act section 21.  Sorry. Also why buy2let became so popular after it all came into effect.

But you may stay, when you find something give notice expiring done 1 to 2 months later.  Me, I'd see if landlord was willing to "encourage" first before giving notice.

don't think they have the money to "encourage" .   it's the reason we have to leave as they need to sell and can't afford their other mortgage.