Renting. Help.

Petstalk

UPDATE. 
Would very much appreciate any further advise, help, support please.

Never receive any post to LL (In the name of one LL) 

Today In the name of Lady LL
received a letter at my  property from a solicitor on behalf of the Morgage company.

LL Failed to pay mortgage repayments in arears.

Received no further communication from LL. Notice from the Landlord ect.

Property/Morgage understand both names LL and Ex Husband.

Remorgaged 2016 maybe in just one LL name.

Would very much appreciate any further advise, help, support.

Rent due 15th to LL?

Do I just send back. Not at this Address.

********

Tenant of a property 2010.
Property was advertised by Estate Agent. Landlord managed themselves going forwards. No inventory was done or signed.

Rent Dutifully paid 6 monthly to Landlord. Currently paid my rent until 15th Nov.

Last time Landlord did a valuation 4 years and  re mortgage.

Landlord in July asked to do a valuation of property, just said look at options.

Following this didn't out of curtusy let me know putting property on the market or going to being put on market. First aware agent contractor placing board. Landlord wants to sell.
Landlord Notice to vacate by text. Saying viewings already booked in. Notice was to 15.10.2022.
Accommodated 8 viewings some weeks ago Tried to pressure me to do viewings when very poorly at this time to accommodate futher viewings.

Received this week a text to say given myself correct notice.

Not received a Section 21?
In text if stayed after Nov 15 until to find another home.
Text Rent increase £595 1000 £405 = 68.0672% increase

Landlord no Gas Safety Inspection/Gas safety certificate.
Electrics EICR (Ensure that the Electrical installations safe)
No current, Energy performance certificate (EPC)

No maintenance. Including plumbing ect.

Also Feel been lack of care, understanding

My Health, Very unwell. Sustained multiple major Injuries that's been so very hard & overwhelming to deal with and all that comes with that. My Health already severely struggling so much befor injuries.

I am a Victim hit on a footpath by illegal scooter (reported) Requiring Treatment/Surgery/Operations. The enoumous impact on my health as a consequence. So much I am going through. Severe Pain, Swelling, lack of function of arm. Back very severe pain & hip. Struggling moving & walking. Ear Infection suffering vestibular and much more.

I have very big risk regards heart issues, Aortic Dissection.

I suffered stroke because of injuries health, very high risk to having a stroke. Stress could have a very serious consequences

I have been that unwell admitted to hospital 13 days & 7 days this year.

london21

When does your current tenancy end?

you have been at the house for a while but landlord does not seem to be doing things properly.

Gas safety is required every year
electrical certificate is required every 5 years 
EPC should have been given to you at the beginning of tenancy 

Did you pay deposit and is it protected?

What is your plan with regards to accommodation if landlord is selling? You will not be moved immediately can take some time. 

Petstalk said:

Would very much appreciate any advise, help, support.

Tenant of a home 11 Years.
Property was advertised by Estate Agent. Landlord managed themselves going forwards. No inventory was done or signed.

Rent Dutifully paid 6 monthly to Landlord. Currently paid my rent until 15th Nov.

Last time Landlord did a valuation 4 years and  re mortgage.

Landlord in July asked to do a valuation of property, just said look at options.

Following this didn't out of curtusy let me know putting property on the market or going to being put on market. First aware agent contractor placing board. Landlord wants to sell.
Landlord Notice to vacate by text. Saying viewings already booked in. Notice was to 15.10.2022.
Accommodated 8 viewings some weeks ago Tried to pressure me to do viewings when very poorly at this time to accommodate futher viewings.

Received this week a text to say given myself correct notice.

Not received a Section 21?
In text if stayed after Nov 15 until to find another home.
Text Rent increase £595 1000 £405 = 68.0672% increase

Landlord no Gas Safety Inspection/Gas safety certificate.
Electrics EICR (Ensure that the Electrical installations safe)
No current, Energy performance certificate (EPC)

No maintenance. Including plumbing ect.

Also Feel been lack of care, understanding

My Health, Very unwell. Sustained multiple major Injuries that's been so very hard & overwhelming to deal with and all that comes with that. My Health already severely struggling so much befor injuries.

I am a Victim hit on a footpath by illegal scooter (reported) Requiring Treatment/Surgery/Operations. The enoumous impact on my health as a consequence. So much I am going through. Severe Pain, Swelling, lack of function of arm. Back very severe pain & hip. Struggling moving & walking. Ear Infection suffering vestibular and much more.

I have very big risk regards heart issues, Aortic Dissection.

I suffered stroke because of injuries health, very high risk to having a stroke. Stress could have a very serious consequences

I have been that unwell admitted to hospital 13 days & 7 days this year.

Stubod

...unfortuntely I think your medical history is largely irrelevant to the process, but it seems like your landord is clueless regarding the legalities of ending your tenancy which will probably buy you at least 6+ months. However, at some point your landlord may well get things right and you will need to start looking for alternative accomodation.....

jj_43

An inventory does not need to be done, however the landlord couldn’t claim for any damages. Its their property and you are a tenant, the landlord does not need to converse with you on his selling options. You don’t need to give access for viewings, those could be undertaken after you leave. He’s doesn’t need to send a section 21 he’s asking you to leave although he would need the EPCs etc prior to sending a section 21. Did you ask about gas safety certificate prior to this? why do you mention this now. Start taking control by looking elsewhere and moving on.

pinkshoes

What's your actual question? 

Ultimately your LL wants to sell so you're going to have to move at some point. That's the down side of renting.

But as no official S21 has been issued and he can't issue one as no gas certificate then time is on your side.

I suggest asking for your deposit back in full (was it protected?) then start looking for another rental.

saajan_12

Comments in line. There's lots of irrelevant detail in there, which you need to understand are not the LL's business or problem, particularly if this gets to court. However given the failings re the tenancy, I expect you'll be able to stay for 6-12 months while they reaslise their texts are worthless, serve S21 / S13, go to court, possibly fix the documentary issues, serve S21 again, go to court again, wait for a possession date, etc. Eventually, they will evict you so start looking for a place and when you find one, serve your own notice or negotiate a convenient date for you to leave with the overlap you want etc, in return for leaving ahead of their eviction process.

Petstalk said:

Would very much appreciate any advise, help, support.

Tenant of a home 11 Years.
Property was advertised by Estate Agent. Landlord managed themselves going forwards. No inventory was done or signed. - okay, minor point in relation to the acutal tenancy, other than the proof they have to keep any of the deposit. 

Rent Dutifully paid 6 monthly to Landlord. Currently paid my rent until 15th Nov. - right, as you're supposed to.

Last time Landlord did a valuation 4 years and  re mortgage.

Landlord in July asked to do a valuation of property, just said look at options.

Following this didn't out of curtusy let me know putting property on the market or going to being put on market. First aware agent contractor placing board. Landlord wants to sell. - okay, but a courtesy is just that.. no right to it. 
Landlord Notice to vacate by text. - unlikely it had all the info of a S21, so worthless. 
Saying viewings already booked in. Notice was to 15.10.2022.
Accommodated 8 viewings some weeks ago Tried to pressure me to do viewings when very poorly at this time to accommodate futher viewings. - check your contract, but you likely already agreed to allow access to reasonable viewings. 

Received this week a text to say given myself correct notice. - no idea what this means, could you clarify?

Not received a Section 21? 
In text if stayed after Nov 15 until to find another home.
Text Rent increase £595 1000 £405 = 68.0672% increase - that's just a request at this stage, which you can ignore and continue paying the normal rent. What's the going price in that area / property that size? Unless that's £1000, don't sign another contract saying a higher rent. Just go onto a periodic tenancy if they don't give a contract at a more reasonable rent. On a periodic tenancy, if you don't agree then the only way the LL can force a rent increase is via S13 notice, which you can again refuse and refer to tribunal. They'll set the rent increase at a reasonable level (possibly 0%). 

Landlord no Gas Safety Inspection/Gas safety certificate.
Electrics EICR (Ensure that the Electrical installations safe)
No current, Energy performance certificate (EPC)
- depending on when your tenancy was last renewed, these may make it difficult for them to serve valid S21 notice. Raise if / when you go to court, and may buy you more time. Do get the gas checked for your safety though. 

No maintenance. Including plumbing ect. - are there actual repair issues? Then report them, in writing. If not, then they don't have to do 'general maintenance'. 

Also Feel been lack of care, understanding - its a contract, not a friend. 

My Health, Very unwell. Sustained multiple major Injuries that's been so very hard & overwhelming to deal with and all that comes with that. My Health already severely struggling so much befor injuries.

I am a Victim hit on a footpath by illegal scooter (reported) Requiring Treatment/Surgery/Operations. The enoumous impact on my health as a consequence. So much I am going through. Severe Pain, Swelling, lack of function of arm. Back very severe pain & hip. Struggling moving & walking. Ear Infection suffering vestibular and much more.

I have very big risk regards heart issues, Aortic Dissection.

I suffered stroke because of injuries health, very high risk to having a stroke. Stress could have a very serious consequences

I have been that unwell admitted to hospital 13 days & 7 days this year. - - all irrelevant.

Petstalk

London21
Rent paid until 15.11.2022.
Yes been at the house 11 years.

Yes No  Gas safety every year or
Electrical certificate  5 years 
EPC out of date.
Yes paid deposit.
Really hard regards to accommodation at this time with my health too :-(.

Petstalk

jj_43
Can you explain regards not carried out an inventory, landlord couldn’t claim for any damages.

Yes their property and me the tenant.
Understand, Considering been living in property 11 years. 
Been more respectful way in  deciding to sell and put on market.

Local council said needs to be  section 21.

Not asked, request, demand of  Landlord for anything. 

Just giving the full picture regsrds certificates.

Trying my best in very difficult circumstances and health.

tripled

@Petstalk

Sorry to hear of your health issues and that you are struggling. However, they have no direct bearing on the landlord's obligations or right to reclaim their property. Although it is your home, it is the landlord's property, and they are able to sell it without your involvement or agreement, although they need to follow the correct processes.

As far as I can see, you haven't said when your tenancy agreement ends (ie are you on a fixed term or rolling/periodic tenancy), nor if your deposit was protected. It's also useful to know which country you are in, presumably England?

The general advice already given seems on point to me though. Based on the information given it seems unlikely the landord has served a section 21, and even if they have/do, they are unlikely to get possession without complying with their legal obligations. However, in the mean time, it may be sensible to take control of the situation and start planning to move on your own terms and timescales, to avoid the stress of fighting the landlord, or having to move at short notice when the landlord does finally get affairs in order.

There is some useful advice in a sticky thread, specifically these posts seem relevant to your situation:

Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018

Post 3: Deposits: Payment, Protection and Return.

Post 4: Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Post 5: Rent increases: when & how can rent be increased?

Petstalk

Yes LL wants to sell. To Look for another house to move. Yes down side of tenant renting.

Only received informal notice

S21 notice not been issued.

Didn't know S21 can't issue one as no gas certificate. 

Can I ask for deposit in full befor vacated property? 

Petstalk

saajan_12
Periodic tenancy after first 6 months Tenancy 10.5 years ago. No Tenancy renewals after the first 6 months Tenancy.

When fair Rent increase befor. It was by text day befor 6 months rent due. No notice, No Section 13. No new Tenancy agreement with the rent increases.