Eviction notice s21

Giah

Can anyone help, when getting an eviction notice. Does the landlord also need to provide other information. And tell why this was given. Or is the online s21 notice the only thing the landlord should give. As well as the ending of the tenancy, where it does not say, why its being ended.

canaldumidi

A valid S21 Notice is all that is legally needed. See

S21 checklist (Is a S21 valid?)

(assuming Eng/Wales)

diego_94

There doesn't need to be a reason for an S21 to be given. However it needs to be valid, there is a big checklist to go though on the shelter website to check that it is valid.

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

Also where are you as the law is different in each? England / Wales / Scotland / NI

canaldumidi

diego_94 said:

There doesn't need to be a reason for an S21 to be given. However it needs to be valid, there is a big checklist to go though on the shelter website to check that it is valid.

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

The Shelter link is not bad, but is not as thorough as the solicitor's link I provided.

Giah

I live in England. Been trying to call shelter but they are busy.

Another thing the landlord took extra month rent which he said it was given to him, when it clearly was an extra month rent. He didn't take it at the start if the tenancy. 
And only after I kept telling him, to either return it, or take it as this month rent. Because it was not clear, as to why this was not added to the tenancy contract or protected if it was, to be kept, as end of the month rent.
Also the holding deposit, did not go towards rent or was returned. Only the bond is protected. Can this help to make the section 21 invalid

Giah

I did not get the energy certificate with the section 21 notice. But it was added after moving in, at the start of the tenancy. In the link it says it has to be given with the notice 

canaldumidi

Giah said:

I live in England. Been trying to call shelter but they are busy. Yeah - usually!

Another thing the landlord took extra month rent which he said it was given to him, when it clearly was an extra month rent. He didn't take it at the start if the tenancy.

How did he 'take it'? Presumably you gave it to him. When? Why? Was anything writen eg a request for it from him?

If you have evidence of this payment, and it is clearly not for anything else, it must have been rent. What does your rent schedule show in terms of balance? Arears? In advance?

And only after I kept telling him, to either return it, or take it as this month rent.

his reply? It's very unclear from you why you paid, but I would assume this was rent

 Because it was not clear, as to why this was not added to the tenancy contract or protected if it was, to be kept, as end of the month rent.

So treat it as advance ren

Also the holding deposit, did not go towards rent or was returned. Only the bond is protected. Can this help to make the section 21 invalid

No. But you can claim the holding deposit back - the LL had 7 days to return it from the date of the tenancy agreement (see page 43). How to reclaim is provided here (page 11):

Tenant Fees Act 2019: guidance for tenants (updated September 2020)

Mahsroh

Giah said:

I did not get the energy certificate with the section 21 notice. But it was added after moving in, at the start of the tenancy. In the link it says it has to be given with the notice 

Are you referring to point 10 on the first link? This states "when the notice was served had the tenant been provided with..." 

This doesn't mean it needs to be issued WITH the S21, just that it should've been issued before the S21 was issued, usually at the start of tenancy. 

Wording from the shelter link below:

"You should be given all these documents before the start of your tenancy. But your landlord could give them to you later and still give a section 21 notice as long as you get them before the section 21."

Giah

The gas safety certificate has someone else named as tenant 
We got it 2 months after moving in.

Giah

We are not in arrears but he said we were, and this is when I asked about the extra month rent. He then after added this towards February 
A few days after serving the notice 

Mahsroh

Giah said:

The gas safety certificate has someone else named as tenant 
We got it 2 months after moving in.

Again, as per Shelter link above.... the LL *should* issue it at the start of the tenancy (or within 28 days) but provided that you were in receipt of it before the S21 was issued then it doesn't invalidate the notice.

Likewise the name shouldn't matter, provided it's a valid cert and in date. 

Picking up on your other point about him mentioning arrears, again this isn't really relevant provided it is a S21 notice. The LL doesn't need a reason to issue it as already advised. It sounds like he misallocated an earlier payment you made which he has now corrected if I'm reading your post correctly?