Section 21 - please tell me if this is valid and what I can do if anything

Hannahtams

Hi,

Recently been served a section 21 on the house we're renting. Ive read the checklist for whether it is valid but i'm still not sure of the answer - of if theres actually anything I can do.

The letter was sent with a gas safety certificate - valid at the time of sending the Section 21, but is now not in date.

We've since had a gas safety check and it failed on several accounts - there's no flume and no carbon monoxide alarm.

So the boiler is currently deemed as unsafe - though the gas man said "it's just a technicality, there's no leak so it's fine to switch it on as soon as I leave".

We've been asked to leave by the end of May, so they did give us extra time to find a place, more than the standard 2 months. However it could not have come at a worse time for me due to personal circumstances. Is there anything I can do?

Course of events:

Moved in August 2021
Gas certificate (that I have been issued)  is valid from March 2022 - and says next safety check due by 7/3/2023
3rd February 2023 - sent Section 21
28th march 2023 - gas safety check failed
20th April 2023 - work due to start work fixing the issues with the boiler


Thank you for reading and I appreciate any help.

GDB2222

End of May is when the LL can start possession proceedings. They will take around 6 months. So, there’s no immediate rush. 

Do you know when you might be able to leave by?

GDB2222

You should have been given the March 22 safety certificate when it was originally issued. Are you sure you weren’t? 

topgearfan08

Hannahtams said:

Hi,

Recently been served a section 21 on the house we're renting. Ive read the checklist for whether it is valid but i'm still not sure of the answer - of if theres actually anything I can do.

The letter was sent with a gas safety certificate - valid at the time of sending the Section 21, but is now not in date.

We've since had a gas safety check and it failed on several accounts - there's no flume and no carbon monoxide alarm.

So the boiler is currently deemed as unsafe - though the gas man said "it's just a technicality, there's no leak so it's fine to switch it on as soon as I leave".

We've been asked to leave by the end of May, so they did give us extra time to find a place, more than the standard 2 months. However it could not have come at a worse time for me due to personal circumstances. Is there anything I can do?

Course of events:

Moved in August 2021
Gas certificate (that I have been issued)  is valid from March 2022 - and says next safety check due by 7/3/2023
3rd February 2023 - sent Section 21
28th march 2023 - gas safety check failed
20th April 2023 - work due to start work fixing the issues with the boiler


Thank you for reading and I appreciate any help.

Id say it's all invalid.  You should have 3 certificates by now...

March 2021 - March 2022 (with signed tenancy)
March 2022 - March 2023 (you say this is issues
March 2023 - March 2024 (failed with a 3 week lapse)

Unless the landlord can prove your at fault, which caused the lapse of 3 weeks, they can not issue eviction, until a valid safety certificate is issued.

However...

Get out of there, sounds bad, and the landlord doesn't seem professional, or bothered by safety.

Hannahtams

GDB2222 said:

You should have been given the March 22 safety certificate when it was originally issued. Are you sure you weren’t? 

Im not sure that I wasn't, all I know is they sent a copy of it in the envelope with the section 21 notice. Its the fact that it's since expired - or I believe it has technically if its now failed the inspection? Says "next inspection due 7/3/2022"?

Hannahtams

sorry -  mean it says "next inspection due 7/3/2023"

Hannahtams

Ive asked to stay until the end of the school year - end of July - but they say they need to move back in. I dont want to be awkward but I also want to know if I have the right to stay longer. Both of us have a reason to want to stay in the house.

propertyrental

* In August 2021 when you moved in, you should have been given a valid gas report. Presumably dated March 2021. You say you think you were..... If you were, the S21 is valid. If you weren't given this, but it existed and was given to you subsequently, the S21 is probably valid

* In March 2022 there was a gas inspection and valid report. This was (presumably) dated 8/2/22 to expire on 7/2/23, so at the time the S21 Notice was served (3/2/23) there was a valid gas report. So the S21 is valid.

* The next inspection (March 23) 'failed' (though details required given that the engineer said "it's fine to switch it on as soon as I leave" which does not suggest failure)

* provided remedial work is undertaken as appears to be the case, the S21 will be unaffected.

saajan_12

Re the gas safety reports, nothing definite that kills the S21 notice, as you had valid reports at the start of the tenancy and when the S21 was issued. Currently, they are working on a fix to the issues, 1 month isn't unreasonable for work to start, to allow for diagnosing, getting courts and sourcing parts. 

The S21 notice means they may go to court once it expires - to clarify what's the date on the actual notice (regardless of what they might have told you separately)? 
Once the notice expires, the LL has to apply to court, wait for a hearing date, wait for the possession order date, apply for bailiffs and wait for bailiffs to attend. All in, that could be 2-8 months, so you're likely beyond the school year anyway. It may cost you some money for the court and bailiff fees which you're liable to reimburse, but that might work out better for you. 

You may also be able to argue the gas safety point at the court hearing and buy even more time, but doesn't seem crucial. 

topgearfan08

saajan_12 said:

Re the gas safety reports, nothing definite that kills the S21 notice, as you had valid reports at the start of the tenancy and when the S21 was issued. Currently, they are working on a fix to the issues, 1 month isn't unreasonable for work to start, to allow for diagnosing, getting courts and sourcing parts. 

The S21 notice means they may go to court once it expires - to clarify what's the date on the actual notice (regardless of what they might have told you separately)? 
Once the notice expires, the LL has to apply to court, wait for a hearing date, wait for the possession order date, apply for bailiffs and wait for bailiffs to attend. All in, that could be 2-8 months, so you're likely beyond the school year anyway. It may cost you some money for the court and bailiff fees which you're liable to reimburse, but that might work out better for you. 

You may also be able to argue the gas safety point at the court hearing and buy even more time, but doesn't seem crucial. 

you say some money....   The court fees are £355 minimum last time I checked, plus more if they claim other expenses for attending etc.   Bailifs even more.   If these cant be paid in full quickly if awarded you will have a CCJ, which will ruin your renting future and credit.

housebuyer143

saajan_12 said:

Re the gas safety reports, nothing definite that kills the S21 notice, as you had valid reports at the start of the tenancy and when the S21 was issued. Currently, they are working on a fix to the issues, 1 month isn't unreasonable for work to start, to allow for diagnosing, getting courts and sourcing parts. 

The S21 notice means they may go to court once it expires - to clarify what's the date on the actual notice (regardless of what they might have told you separately)? 
Once the notice expires, the LL has to apply to court, wait for a hearing date, wait for the possession order date, apply for bailiffs and wait for bailiffs to attend. All in, that could be 2-8 months, so you're likely beyond the school year anyway. It may cost you some money for the court and bailiff fees which you're liable to reimburse, but that might work out better for you. 

You may also be able to argue the gas safety point at the court hearing and buy even more time, but doesn't seem crucial. 

I would say though if you told the landlord you are not leaving and then specify a date you will be, they pri wouldn't start court proceedings. They are expensive and if they believe you will be going of your own accord maybe 1-2 months later than they want, they will probably just wait.