Landlord not following legal notice?

AJM1984

pinkshoes said:

AJM1984 said:

Morning all,

Just an update. Got the notice this morning but it's just a basic, self written, Notice of Possession asking for us to sign and confirm that we'll leave by July 1st. The whole thing is four sentences long. Has our address and her address at the top. Dated today, 12th of May. I'm assuming this is pointless? 
The first sentence is just saying they warned us it was going up for sale late January (A WhatsApp saying they might) in an attempt to make it look backdated and generous....

No other documents have arrived with it. 

No, this isn't the correct paperwork and it isn't the correct notice period. Don't sign it.

You either ignore it to buy yourself more time (the longer it takes to issue an S21, the more time you have), or as above use the opportunity to negotiate the return of your deposit in full plus a lump sum to cover all your moving costs twice including the inconvenience.

The LL can then choose to pay the money and you'll move (don't move until money is paid!) or wait until the correct notice is served.

Thank you. I'm not even going to acknowledge it today. I've just had one of my pets rushed to the emergency vet and I'm not in a good state of mind right now. When it rains, it pours...

Grizebeck

sorry to hear about your pet,
I would definitely do nothing for now 

AJM1984

Grizebeck said:

sorry to hear about your pet,
I would definitely do nothing for now 

Thank you so much. I'm really starting to feel at my limits now. 😭
Poorly pet, LL trying to evict, house purchase stalling, hemorrhaging money. Not sure how I even got out of bed this morning. 

Can anyone please advise me on what a legal and valid Section 21 notice MUST contain and/or look like? I read in some places that it has to be on a specific form yet other places say it can be sent as a self written letter providing it contains specific wording and information. I just can't find exactly what that specific wording and information is. 

The letter is basically along the lines of, but not exact to:

Notice of Possession. Our address.
Landlord name, address and date of 12th May.

"Told you we were selling.
Now sold.
Leave no later than July 1st.
Good luck."

Everyone listed sign here.

deannagone

As the LL is so remiss of his legal responsibilities with notice S21 requirements, check your deposit is still protected https://england.shelter.org.uk/housing_advice/tenancy_deposits/check_your_tenancy_deposit_is_protected.

If you can't find it in the scheme you were notified of, check the others.  Just in case.

Sorry to hear about your pet.  Remember, however, nothing is going to happen for a while that you need to action re the property.  Try and take an hour to do something you enjoy to reduce the stress.  Or take some quiet time, or talk to someone about how you are feeling.  I have been there with eviction and its important to find relief from the worry.  There are protections, its not going to happen in the next few weeks, so take a step back if you can.  
This forum was wonderful to me when I had this happen (had a similar LL who thought the law was what he wanted it to be lol).

Grizebeck

as above what ever you DONT rush, concentrate on your pet first, other stuff can wait, (honestly it can) then when that hurdle is got over then come back to this issue, 

FreeBear

AJM1984 said: Can anyone please advise me on what a legal and valid Section 21 notice MUST contain and/or look like?

Opinions vary as to whether it should be a Form 6a, or just a template letter. Regardless, it should (must ?) contain the following -

• The landlord's name and address.
• The tenant's name and address.
• The address of the rented property.
• The date the landlord wants the tenant to vacate the property giving at least two months notice.
  
• The reason for eviction (if applicable).
• A statement that the tenant has the right to challenge the notice.

12th May to 1st July is not two whole months, so it fails on that count. No mention that you can challenge the notice.
If the property is being sold with vacant possession, and exchange/completion is slated for 1st July, you hold all the cards. If you are still there after completion, the LL is going to have some very expensive troubles on her hands from the buyer. And she can not force you out without following the correct process (valid S21 notice, courts, etc.).

AJM1984

Thank you both. Your comments brought me to tears. I'm really not feeling myself. Everyone on here has been so kind, informative and supportive. I will be focusing on my pet over the next few days. It's currently looking very bleak for the little guy and to be dealing with it all in the space of a few hours is a lot. 

I'll try to check my deposit as soon as I can. Thank you for the suggestion. I have most of the tenancy details and the full contract but it was such a long time ago that a few portions of documentation have degraded. Some of which due to a huge leak at the house. 

AJM1984

FreeBear said:

AJM1984 said: Can anyone please advise me on what a legal and valid Section 21 notice MUST contain and/or look like?

Opinions vary as to whether it should be a Form 6a, or just a template letter. Regardless, it should (must ?) contain the following -

• The landlord's name and address.
• The tenant's name and address.
• The address of the rented property.
• The date the landlord wants the tenant to vacate the property giving at least two months notice.
  
• The reason for eviction (if applicable).
• A statement that the tenant has the right to challenge the notice.

12th May to 1st July is not two whole months, so it fails on that count. No mention that you can challenge the notice.

Thank you. There's no statement about challenging anything and the 2 month period is clearly weeks short. I'll just ignore it for now. 

propertyrental

It's very simple, and very clear. The LL must serve you a S21 Notice using Form 6a which looks like this:

https://www.gov.uk/guidance/assured-tenancy-forms#form-6a

If the gap between the date of service (note this means the date you receive it, not the date the LL posts it) and the date in section 2 is less than two calendar months, the S21 is invalid. 

That means that if and when the LL applies to court, you can challenge the S21, it will be dismissed, and the LL will have re-issue a new S21 giving the proper 2 months notice.

Of course, you and the LL can mutually agree to end the tenancy at any time (tomorrow? next week? in 3 months?) but that is entirely voluntary.

GDB2222

FreeBear said:

AJM1984 said: Can anyone please advise me on what a legal and valid Section 21 notice MUST contain and/or look like?

Opinions vary as to whether it should be a Form 6a, or just a template letter. Regardless, it should (must ?) contain the following -

• The landlord's name and address.
• The tenant's name and address.
• The address of the rented property.
• The date the landlord wants the tenant to vacate the property giving at least two months notice.
  
• The reason for eviction (if applicable).
• A statement that the tenant has the right to challenge the notice.

12th May to 1st July is not two whole months, so it fails on that count. No mention that you can challenge the notice.
If the property is being sold with vacant possession, and exchange/completion is slated for 1st July, you hold all the cards. If you are still there after completion, the LL is going to have some very expensive troubles on her hands from the buyer. And she can not force you out without following the correct process (valid S21 notice, courts, etc.).

The landlord is presumably asking you to go by 1 July so that she can sign a contract after you have gone. If you stay on, she may lose the sale she has lined up, but no other costs. 

You have no obligation to tell the landlord that her paperwork is incorrect, either now or on 1 July. You would of course point it out to the court if it came to it, but that will be months away. 

What will actually happen is that she will eventually show all this to a solicitor, who will start again with a valid S21 notice, giving you 2 months notice. Hopefully, by then, you will have a house purchase lined up.