Eviction notice s21

RAS

Even if the S21 is wholly valid, it does not mean that you have to leave at the end of the notice. It merely means that after the period of notice has ended, the LL has the right to take you to court to end the tenancy. With a no fault notice, he will get permission eventually, but even then he has to find bailiffs to evict you.

So it would be months. He can reclaim his court costs but at least it gives you time to find somewhere else.

And if you mean-time find something wrong with the S21, you don't tell him, you wait until he's sent the court papers before putting in your defence.

It might be a good idea to look at your contract in detail?

And read it carefully

There may be:

a holding deposit, what does it say? It is usually repaid by reducing the first month's rent but not always. It does not need to be secured. 
A deposit/security, which has to be secured in one of the schemes.
Rent in advance, this might be month to month, or might be applied to the last month. That does not need to be secured either.

Ask the LL for a schedule of rent, showing all payments to date.

BUT arrears are irrelevant to the S21; it is a no fault notice.

Now re-read the S21 link in the first reply, not shelter and check that.

Slithery

@RAS You're missing an important not out of that first sentence...

RAS

Edited, thank you. 

theartfullodger

Thatcher changed the law so that a landlord may evict with valid seq for no reason at all.

An s21 does not end a tenancy nor compel tenant to leave, even if valid (many are not).  It is NOT  an eviction notice, just a notice that a landlord may (or may not) start court proceedings after it expires.  Have heard that may take some 44 weeks overall.

canaldumidi

Giah said:

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

The tenant's name is irrelevant. However, please confirm the date you received he GSC. If it was indeed after the tenancy started, no S21 can ever be valid as the 'Prescribed Information' requirement was not complied with.

Mahsroh said:

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.

Shelter is almost right though " the LL must issue" is better wording. However you are wrong in your proviso.

There are actually 2 requirements that are needed to ensure the S21 is valid:

* was there a valid certificate provided when the tenancy started, and

* was the tenant in receipt of a valid certificate at the time the S21 was served.

See Caridon Property Ltd Vs Shooltz, Central London County Court, 2/2/18.

https://www.bevanbrittan.com/insights/articles/2018/caridon-property-ltd-v-monty-shooltz-gas-safety-certificates-and-section-21-notices/

silvercar

The writing is on the wall, at some point in the next few months you will need to leave. A better use of your time maybe to find your next home.

canaldumidi

silvercar said:

The writing is on the wall, at some point in the next few months you will need to leave. A better use of your time maybe to find your next home.

If the T did not receive a GSC at the start, the writing is not on the wall. LL can never serve a valid S1. Yes - mad. And surely not what Parliament intended with the leglislation. But that's what the courts are saying, so till Parliaments amends the leglislation the T is likely secure........

theartfullodger

canaldumidi said:

....

Shelter is almost right though " the LL must issue" is better wording. ....

I 'umbly disagree:  the landlord is not required to serve anything: Doesn't have to provide any tenancy document, GSC, EPC etc etc etc.. 

He'd be in a terrible mess if he doesn;t, but there's no legal requirement to serve them, so surely no "must". 

Best regards

canaldumidi

theartfullodger said:

canaldumidi said:

....

Shelter is almost right though " the LL must issue" is better wording. ....

I 'umbly disagree:  the landlord is not required to serve anything: Doesn't have to provide any tenancy document, GSC, EPC etc etc etc.. 

He'd be in a terrible mess if he doesn;t, but there's no legal requirement to serve them, so surely no "must". 

Best regards

which is like saying it would be inaccurate to say "Drivers must drive at or below 70 mph on the motorway.  Of course citizens can choose to ignore the law. But in both cases, there IS a legal requirement. (in this case regulations introduced by the Secretary of State under Housing Act 1988 S21 (b))

Mahsroh

Interestingly on the S21 page the wording on the shelter website is "should" give you within 28day etc. But if you click on the link to the specific page about the Gas Safety Cert is uses the word "must".