S.21 eviction

Tuikhe

Hi,
I wondered if anyone can help. We were going to buy our house from our landlord but he pulled out shortly before my mortgage application saying he wants to put it on the market and see how much it sells for. We’ve asked how much he wishes to sell for in the end he says he doesn’t know, we offered 2k more than the original asking price (140k)  but he says he still wants it on the market and see how it does. He’s happy to sell to us once on the market but doesn’t know the price right now. We’ve had about 6 estate agents they all pretty much said it’ll be between 130-40k. 

He’s given us 6 months notice which runs out in August. In the 10+ years we’ve rented he didn’t do gas and electrical safety checks. I’ve read on here that this is something that makes s.21 invalid. Does that apply to our tenancy as it started in 2008? In the past he wanted to evict us because we didn’t agree to rent increase but in the end agreed and since continued to live here, I don’t suppose that constitutes as renewing our contract? 

Is there anything we can do? We’re struggling to find a house to rent/buy at the moment. I know that he’ll need to go to court for an eviction order, so im thinking perhaps that’ll buy us time. But really stuck rn 

MaryNB

He should have provided a gas safety cert (GSC) and electrical installation condition report (EICR) by law. GSC has been a legal requirement for a while. The EICR should have been done by April of this year.

I'm not sure that the EICR has made it onto the list of requirements for an s21 notice yet.

An EPC and GSC are usually required for an S21 notice but since your tenancy is pre october 2015 this requirement might not apply.
See 3. Check for gas and energy certificates

Maybe have a chat with Shelter to check the requirements for a tenant starting in 2008.

AdrianC

Tuikhe said:

He’s given us 6 months notice which runs out in August. In the 10+ years we’ve rented he didn’t do gas and electrical safety checks. I’ve read on here that this is something that makes s.21 invalid. Does that apply to our tenancy as it started in 2008? In the past he wanted to evict us because we didn’t agree to rent increase but in the end agreed and since continued to live here, I don’t suppose that constitutes as renewing our contract? 

Did you sign a new tenancy?

But, yes, GSCs and (as of this year) EICRs need to be done for EVERY tenancy, no matter when it started. Likewise, your deposit should have been protected by now, too.

Even if the s21 is valid, you are not on the street as of August. That's the first date that he can actually do something towards regaining possession of the property. And there's a MAHOOSIVE backlog for the court. You could still be there in two years.

But if you want to buy it off him, don't wind him up too much... He can't easily sell it to anybody else with you in situ, but that doesn't mean he has to be Mr Nice Guy, nor does it mean he has to sell it to you...

theartfullodger

He can sell the place, advertise it etc without your permission or informing you), but selling it does not end your tenancy nor compel you to leave (nor does s21).

Do nothing until he takes you to court. He sounds like he might not have even half a brain. But that's not a requirement for being a Landlord.  (Or how to deal with Humans or qualifications or training.  Same as with letting agents in England.  Or a criminal records check.  Bonkers.)

Artful: Landlord since 2000