Landlord Issues Section 21, and other issues

AnubisAlpha

In June 2023 our landlord out of the blue issued a Section 21 order to us, we advised them that we will look for a new place, but cannot guarantee anything, we also expressed our annoyance again to the many uncompleted repairs that have been outstanding for multiple years.

Previously the landlord was refusing to do any repairs we had to get the Environmental Protection involved to ensure those essential repairs.

I also advised that she can take us to court to get us out as we were unable to find a place.

That Section 21 lapsed, but this current year they decided to up the rent from 475 to 650, which  i told them i would not accept.

Due to illnesses and other issues we were not able to put in an official objection to the increase.

I did not increase the rental payment, but the landlord complained to us that we have not paid the full rent and it will affect our credit record, i replied that we will be happy to pay the extra when the repairs are up to date.

A reply from our landlord suggested that the repairs would be done when the additional increase was paid, stupid me i believed them and paid the difference. Laster that same day a new Section 21 was issued.

two months on now, we still have not found a place, yes we have been actively looking and viewing houses, but most are either in bad neighborhoods, cost too high, do not take pets, lack of safe parking.

Now the landlord wants to do an property inspection and have also emailed me stating that they will NOT be doing any repairs on the property.

I have no idea where i stand legally, i have tried to look at what we can do in the circumstances, but any ideas and/or suggestions would be appreciated.

BarelySentientAI

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

silvercar

Never a good idea to withhold rent, especially where you want to hold onto the tenancy.

Sounds like you have a good deal financially, given you say that you can’t find an alternative property. I suspect the answer is to compromise on whichever of the factors you say is preventing you finding another property, is least important to you.

If any of the repairs compromise your health or are legal requirements, you could go to environmental health and complain. You have been served a section 21, you could wait until it gets to court and then to bailiffs, at which time the council will be bound to provide temporary accommodation while they assess your homelessness status and then find you somewhere more permanent. Who knows if that will meet your requirements of the neighbourhood/ taking pets/ parking etc but you may get lucky.

propertyrental

* Assuming the rent increase was properly implemented, not paying it would result in rent arrears, and potential eviction via S8 Notice.

*If evicted via S8, council will not help.

* If repairs have been reported and ignored by the LL, AND if EH have been informed and issued an Improvement Notice on the LL, then the S21 Notice will fail.

For more see

propertyrental

* Assuming the rent increase was properly implemented, not paying it would result in rent arrears, and potential eviction via S8 Notice.

*If evicted via S8, council will not help.

* If repairs have been reported and ignored by the LL, AND if EH have been informed and issued an Improvement Notice on the LL, then the S21 Notice will fail.

For more see

Post 5: Rent increases: when & how can rent be increased?

Post 2: Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015) plus the Homes (Fitness for Human Habitation) Act 2018

PRAISETHESUN

How did they notify you of the increase to the rent? Was the correct process followed? If so, you can challenge this and get an independent ruling on it at a tribunal, although if you're currently paying below market rate then expect it to be increased. If it's all above board though, then it's not a good idea to withhold rent (regardless of any repairs that are needed to the property) as you could be chased for rent arrears (could end up with a CCJ if you let it get that far) and the eviction process is much easier for the LL (they can use mandatory s8 grounds rather than s21 to evict). If you require council assistance this might also be seen as intentionally making yourself homeless, limiting any support you might be entitled to.

For the S21, there's a lot of things the LL needs to do for it to be valid so check using the links above (but don't let the LL know if there is anything wrong).

Repairs are a separate issue which I don't have much experience with, but there's some good info in the stickies: https://forums.moneysavingexpert.com/discussion/comment/67759903#Comment_67759903

Brie

Agree with Praisethesun that S21's are tricky things that LLs often get wrong.  And the lack of repairs may actually work in your favour.

So the S21 will have said you have to be out on a certain date.  Have a look at the list of things a LL has to provide to be doing a proper job (fire and CO2 alarms, inventory, issuing you with all the right paperwork at the right time etc).  Wait until the day before the S21 end date and tell the LL it's not valid because of one particular thing that has been missed.  The LL has to get that sorted out and will then need to reissue the S21.  And again wait until the last day and then tell him the next thing.  Potentially this could buy you quite a lot of time while you continue to look for a new place to live.  

If you get to the point where everything is done properly and the S21 end date has come you don't need to move out.  You may wish to change the locks so the LL cannot enter the property (save the locks so they can be changed back when you leave).  The LL will probably kick and scream but will need to take legal action which will involve getting a court date and that will eventually give you a date when you should leave.  That might be another year on.  

Report back here for more support as thing progress!

theartfullodger

Brie said:

..................
So the S21 will have said you have to be out on a certain date.  ....

Not quite:  The s21 will state (see.. 
https://www.gov.uk/guidance/assured-tenancy-forms#form-6a  
 )

"" 2. You are required to leave the below address after: (insert calendar date)

 

If you do not leave, your landlord may apply to the court for an order under Section 21(1) or (4) of the Housing Act 1988 requiring you to give up possession  """

An s21, even if valid, does not end tenancy nor compel tenant to leave.  When it expires landlord may (or may not..) apply to court...

Probably about 6 months from service of s21 to eviction IF the paperwork is perfect (many many are not perfect..)

Good luck

saajan_12

If you've now agreed to the rent increase, then 
1. Pay the new rent
2. Report any issues in writing, highlighting how long its been. If its affecting habitability then involve other EH etc, but if not you should still get a repair in a timely manner. 
3. Follow up on the issues after a reasonable timeframe, following the shelter process with the last step being getting them fixed yourself, keeping receipts and deducting that from the rent. 
4. Look for somewhere else to move. Also check if the S21 is invalid and use that to challenge at the next S21 court date (only recommended if you actually need more time.. they will get it right eventually so you're just prolonging the inevitable if you don't need the time and do find somewhere). 

Further comments in line to better explain the legalities, but some of the history is now moot. 

AnubisAlpha said:

In June 2023 our landlord out of the blue issued a Section 21 order to us, we advised them that we will look for a new place, but cannot guarantee anything, we also expressed our annoyance again to the many uncompleted repairs that have been outstanding for multiple years.- okay, now timed out anyway as its over 6 months later. 

Previously the landlord was refusing to do any repairs we had to get the Environmental Protection involved to ensure those essential repairs.

I also advised that she can take us to court to get us out as we were unable to find a place. 

That Section 21 lapsed, but this current year they decided to up the rent from 475 to 650, which  i told them i would not accept. - how was the rent increase communicated and was it in line iwth a contractual rent review clause? Depending on that, you may / may not have had the option to 'not accept' like that. 

Due to illnesses and other issues we were not able to put in an official objection to the increase. - if it was a S13 then an official objection is what counts via tribunal. Unless you can convince tribunal to still review, you may have owed the higher number from the date of that notice. 
If it was a request to increase then could be ignored. 

I did not increase the rental payment, but the landlord complained to us that we have not paid the full rent and it will affect our credit record, i replied that we will be happy to pay the extra when the repairs are up to date. 

A reply from our landlord suggested that the repairs would be done when the additional increase was paid, stupid me i believed them and paid the difference. Laster that same day a new Section 21 was issued.- well that'll likely be construed as an agreement to pay the new rent, so you will owe that now. If you don't pay it, then it'll start to open up other options for eviction for the LL, via S8

two months on now, we still have not found a place, yes we have been actively looking and viewing houses, but most are either in bad neighborhoods, cost too high, do not take pets, lack of safe parking.- ultimately the S21 process will work eventually, however many attempts it takes for the LL. So if you want to avoid the upheaval from temporary council housing, then you'll need to find somewhere.. might be better for you to expand the search. If the going rate for a property suited to your needs is higher, then this one will also increase via S13s which tribunal will probably allow. 

Now the landlord wants to do an property inspection and have also emailed me stating that they will NOT be doing any repairs on the property.- well depending on what the issues are, they  don't have that option. Ensure the repairs are reported properly in writing and follow them up via the Shelter process. If the repairs are necessary and doable in an occupied property, then the LL needs to start doing them. This is a separate issue to the rent. 

I have no idea where i stand legally, i have tried to look at what we can do in the circumstances, but any ideas and/or suggestions would be appreciated.