S21 and possession orders

LutonGuy

Landlord is based in UK, so from tax perspective, I think, I am good. 

pinkshoes

LutonGuy said:

Hi all,

I am writing to get your opinion on S21 notice issued and my rights as a tenant. 
- I am living in a rented property
- The agreement started on Oct 2022 for 12 months & it's not renewed in Oct. 2023. 
- The landlord has given me S21 notice on form 6a and asked me to leave on Feb 5th.

My situation. 

1- The landlord has not protected my deposit and never provided me any deposit protection confirmation.
2- The landlord has not given me a gas safety certificate or Energy Performance certificates
3- They have not installed any smoke and carbon monoxide alarms
4- Never gave me a copy of the How to rent checklist

My questions
- On form 6A, where they are supposed to write the landlord's address, they have written my house address. Is this allowed?
- Is the section 21 notice valid?
- If the section 21 notice is not valid, what they need to do to issue me a valid s21 notice. 
- Is there any other way they can evict me?
- They are selling the house, will this make any difference?
- On the original agreement, the landlord's address was PO BOX number. Is this allowed? 
- How long do I have before they can evict me (via court or otherwise)?
- Is there anything I am missing, that I should be doing to gain maximum time?

I am paying rent to a bank account number which they provided me but the account number is not in the landlord's name & I am not in arrears. 

I appreciate your response in this matter. 

What do you actually want to happen?

As the LL hasn't played by the rules, the ball is in your court.

Are you able to move out? Are there sufficient other rental properties in the area? If yes, then I suggest you find somewhere else ASAP and move out, and ask the LL to return your deposit in full immediately (otherwise you will sue him for 3x the deposit amount for not protecting it).

If there are no other rental properties then it's best just to keep quiet for now as the S21 is likely invalid. 

Have you checked with the deposit protection companies to see if it's been protected?

theartfullodger

However this turns out, eventually sue landlord for up to 3x deposit.  Parliament passed law TWICE to provide this to "encourage" poor downtrodden landlords to do the decent thing.  2nd time to give them more than twice the time to do a bit of simple admin.

Artful: Landlord since 2000

LutonGuy

thank you @pinkshoes for replying. 

What do you actually want to happen?

I just want to gain some time so I can buy my own home and move into my home instead of moving into a rental now and then moving to my own. I have already made an offer but I am aware it might take a few months to get the keys so I just want to delay the eviction. 

But on the other hand, I have young kids at home and I don't want to create any drama in front of them. The landlord has quite a few properties (over 20) in the area and has been in the area for ages, so honestly, I am a bit scared if they create any drama.

The rental market is not that good either for tenants. 

Appreciate your thoughts 

pinkshoes

LutonGuy said:

thank you @pinkshoes for replying. 

What do you actually want to happen?

I just want to gain some time so I can buy my own home and move into my home instead of moving into a rental now and then moving to my own. I have already made an offer but I am aware it might take a few months to get the keys so I just want to delay the eviction. 

But on the other hand, I have young kids at home and I don't want to create any drama in front of them. The landlord has quite a few properties (over 20) in the area and has been in the area for ages, so honestly, I am a bit scared if they create any drama.

The rental market is not that good either for tenants. 

Appreciate your thoughts 

In which case I'd keep quiet for now and say nothing to your LL.

By the time 5th Feb comes around, the LL will then try and take it to court to evict you (which will fail if S21 is invalid), and will then have to return your deposit in full and start the S21 process all over again.

It shouldn't create any drama. The LL may own the property but it is your HOME and you're entitled to peaceful enjoyment. 

If the LL wants you out quicker then it's up to the LL to negotiate with you e.g. if he pays you £XXXX you'll move out.

Happy house hunting.