Section 21 Question

Potless79

Hey,

Hoping someone can help:)

Background.

We’ve rented our house for 11 months on a 12 Month contract during that time we’ve had quite a good relationship with our landlord. We have had quite a few issues with the property…. leaks, broken locks, general issues as the property is really old but the big issue has been rats ( Not in the house) they have been in the walls and have had pest control in. We have also maintained the property at our own expense (having the wooden floors treated to protect them and kitchen tops, having the window’s treated to protect the wood etc). The landlord has generally been quick to send someone to look into the problems but isn’t so keen on any cosmetic issues which have occurred.

Anyway the decision to renew the tenancy or not via the letting agent was sent last week .We are in the process of buying a property in probate so said if possible can we continue to let on a monthly rolling contract but give two months notice. This was agreed and then we got another email to say the rent would be going up if we stayed. I replied saying due to the current condition of the house ( watermarks from the leaks on ceilings, tiles in the bathroom from the leak still not replaced carpet that needs replacing and decking panels that need replacing all things the landlord is aware off) that I didn’t think a rent increase could be justified ( I know mortgages have increased etc) but if the issues mentioned were rectified then I had no issue with an increase. The landlord came straight back and served a Section 21 is this classed as a revenge eviction? The letting agent said he has no intention of making any changes and will just let it as it as there is so much demand. 

If this is seen as a revenge eviction so we have any rights?

Thank you.

_Penny_Dreadful

Potless79 said:

Hey,

Hoping someone can help:)

Background.

We’ve rented our house for 11 months on a 12 Month contract during that time we’ve had quite a good relationship with our landlord. We have had quite a few issues with the property…. leaks, broken locks, general issues as the property is really old but the big issue has been rats ( Not in the house) they have been in the walls and have had pest control in. We have also maintained the property at our own expense (having the wooden floors treated to protect them and kitchen tops, having the window’s treated to protect the wood etc). The landlord has generally been quick to send someone to look into the problems but isn’t so keen on any cosmetic issues which have occurred.

Anyway the decision to renew the tenancy or not via the letting agent was sent last week .We are in the process of buying a property in probate so said if possible can we continue to let on a monthly rolling contract but give two months notice. This was agreed and then we got another email to say the rent would be going up if we stayed. I replied saying due to the current condition of the house ( watermarks from the leaks on ceilings, tiles in the bathroom from the leak still not replaced carpet that needs replacing and decking panels that need replacing all things the landlord is aware off) that I didn’t think a rent increase could be justified ( I know mortgages have increased etc) but if the issues mentioned were rectified then I had no issue with an increase. The landlord came straight back and served a Section 21 is this classed as a revenge eviction? The letting agent said he has no intention of making any changes and will just let it as it as there is so much demand. 

If this is seen as a revenge eviction so we have any rights?

Thank you.

No, what you describe is not classified as a revenge eviction.  At least not in the sense that you can do anything about it.

There are however several things that can invalidate a Section 21 notice.  You can check if your notice is valid using the flow chart below.

https://nearlylegal.co.uk/section-21-flowchart/

anselld

To be revenge eviction it would need to have the Council issue an enforcement notice.  That could still be done if you invite them for an HHSRS inspection, but is only likely if the issues are hazardous which can include serious damp and mould or trip hazards but not minor cosmetic issues.

MultiFuelBurner

How much was the rent increase? Considering you want the flexibility in the coming yeah to move out us it unreasonable?