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Landlord given Section 21 but I already agreed to look for another property
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Propertyrental - yes there was a gas cert when I got the S21 notice, but the question on the defence papers asked if I had received a gas cert each year since the start of my tenancy, which I hadn't.
I didn't have money to appeal the rent tribunal as I would have to pay a fee, even if I knew I could do that. There was also the chance the tribunal could have raised the rent higher than LL was asking too.
I called a lady at Yorkshire Legal who said pretty much the same thing, that LL was entitled to raise the rent, and to just put on the papers that it wasn't reasonable as I had agreed to leave from the start.
My LL has only just responded to my emails, now all polite and wanting to help.
Ir's ridiculous, all of this nastiness could have been avoided if he had just given me one day/a ref and I could have been out and he could have got someone new in.
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Update! I was in court this morning for my LL possession case and I won - the case was dismissed! I am so relieved. When I got to court this morning I asked for a duty solicitor and she was fantastic, filling out a form, asking relevant questions, all quick and efficient. Looking through the paperwork she asked me if I had received notification that LL had taken over from previous LL. I struggled to remember (I don't think I did) - it may have been an email from the agency to say that the previous LL was selling and someone else was taking over. The duty solicitor asked me if I had received a new tenancy with the new LL details on. I hadn't. Then we were in the DJ's room and sitting before the Judge. The duty solicitor at first asked for an adjournment because there was nothing on any paperwork filed by my LL that said he was the owner of the property. He explained it was all done through the agency (but in my mind, surely he would have thought to include that in his court papers - he should have chased the agency?) The Judge was agreeing with the duty solicitor and she even brought up the missing gas certificate for 2020, saying that they would have looked at that, if the tenancy agreement was correct but as the agreement wasn't up to date she couldn't discuss it and also couldn't agree to the court costs either. As they all tied in with the tenancy agreement, which was incorrect, she had to declare the S21 invalid. She said that a defending tenant couldn't be expected to pay court costs when the LL couldn't prove the property wasn't his. The duty solicitor then asked for the case to be dismissed and the Judge agree with her, explaining to the LL what he had to do. I could tell he was furious but he was quiet and listened to what they said. The duty solicitor told him that she would go over everything with the LL after the session. The Judge asked me if I had moved out, I confirmed I had and that the LL had the keys and we had done the final check on 22nd July. She was happy that the section 21 was invalid and dismissed the case - we were only in there 20 minutes. I know that my LL will bring another case against me for the court costs so I have my paperwork and evidence ready for him when he does. I hope I get a chance to have the same duty solicitor for when that happens because she was brilliant - even if it's a case of just having a chat over the phone to talk things through. I never would have thought to have challenged the agreement as all the advice I had been getting was saying that the agreement transfers over when LL's sell/buy but obviously there is paperwork involved which my LL didn't include in his claim. I'm so relieved - didn't realise how stressed I was getting from all of this. A big thank you to everyone who gave me advice on here - it's always relevant and helpful7
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