Help Please - S21

ConfusedWeeTenant

Tenant seeking advice please,

I’ve been renting a property since January 2022 on a rolling contract, following an initial 12-month AST. The deposit was £1500, and I live with my two disabled daughters.

A few days ago, my landlord called me to tell me that they will issue a S21 and want to sell the property by July / Aug, with plans to start evaluations / viewings ASAP. I’ve tried to explain that access for viewings is not possible due to my daughters’ needs, but the LL has  been dismissive, acting like my concerns don’t matter. I know I have the right to refuse viewings under certain conditions, yet the LL brushed that off too.

I’ve never been late on rent, I’ve kept the property in good shape, and I’ve even paid for professional repairs myself to keep things running smoothly. The landlord knew about my family’s circumstances when we moved in—nothing’s changed there—but now they expect us to just roll over and fit their timeline for selling.

I’ve recently found out from all three deposit protection agencies that my deposit was never protected, which I’m pretty sure breaks the law. So, while I get that they can sell their property, their attitude feels out of line, especially given how they’ve handled things.

I’m trying to stay level-headed and stick to the facts here. Has anyone dealt with something similar? Any advice on how to push back or protect myself and my daughters would be appreciated.

I’m not looking to punish the landlord by asking for more than deposit back, to be honest I’d rather use it as a bargaining chip, but I don’t think that’ll happen.

I’ve seen conflicting opinions on wether or not the deposit must be accepted back by the tenant if the LL offers it, some say you can refuse and the LL won’t be able to serve a valid S21 and others say you should as the court could rule against the tenant otherwise.

This is all quite unbearable, I understand things change and the LL may not be able to help this situation, that said, I’ve nowhere to go, not the funds to move, the council won’t help until obviously the very last stage, it’s just messy and the LL’s over entitlement really rubs me the wrong way

Thanks In Advance 

Voyager2002

Firstly, you have the right to refuse viewings. Write to the landlord: a polite note saying that viewings are not possible and will have to wait until you have moved to your new home. Assure him that you have started looking for somewhere else, and suggest that a good reference from him would help everything to proceed smoothly and rapidly.

Second, say nothing now about the deposit. The situation means that when the S21 comes, you can safely ignore it. It is only when or if it comes to a court hearing that you should mention the failure to protect your deposit, which means that the court must rule against the landlord. This means that you have plenty of time to look for a new home.

ConfusedWeeTenant

Thanks Voyager, that’s very helpful.

Would you have any advice in regards to what to do when they do realise or if they realise at the point of issuing a S21? IE, they attempt to give me the deposit back. I definitely do not want to speed matters up by accepting it, but at the same time not wanting it to back fire.

as far as I’m aware, checked paper work / emails etc, never issued a How To Rent either. Albeit that is just a small error.

FlorayG

A small error is large enough to make the S21 invalid. If I were you I would be saving up each error and mentioning only one at each hearing. It could take years to get you out.
The LL absolutely has NO RIGHT to force viewings on you; letting himself in while you are not there would be trespass. You can legally change the locks to prevent this, or add bolts to the inside of the doors. Speak with him and point out that the house is not in a fit tidy state for viewings as you are living there ( doesn't matter if you are a neat freak, TELL him it's a mess) and you are not willing to have strangers shown around your home.
He's unlikely to get many viewings or any offers at all anyway while he has a tenant in the property, unless someone wants to buy it with you in situ ( in which case you might be more lenient about allowing a viewing)
I'm not absolutely sure about the deposit return because I've always made sure to protect mine, but I think you are correct, you can refuse it and then he can't issue the S21 at all
Bad and stupid landlords are so annoying, they give the rest of us a bad name
As for his timeline; I have a tenant who has just given ME notice and I intend to sell when she leaves in a month's time. I will think myself lucky to have it sold by July

ConfusedWeeTenant

Thank you FlorayG, some really useful insights.

LL did mention maybe we could consider tenant in situ, however, this was after saying multiple agents, multiple viewings and basically see where dice land. It strikes me as to mentioning it to entice viewings.

Its not a case of me just becoming difficult for the sake of it on my part, this would cause me significant issues with timings and my daughters wellbeing, which is unfortunate for all really, I feel guilty about it in some ways.

FlorayG

ConfusedWeeTenant said:

LL did mention maybe we could consider tenant in situ, however, this was after saying multiple agents, multiple viewings and basically see where dice land. It strikes me as to mentioning it to entice viewings.

Tell the LL you will only accept viewings on this basis and with the estate agent conducting them, not the LL. Make sure the EA is completely aware of the situation. When the house goes on the market, check that the listing states 'tenant in situ'. When the EA brings someone, make it clear on the doorstep that you are a tenant, this is your home and you are not planning to leave. People who don't want to be a LL won't even WANT to continue the viewing
When I bought I was actually looking for a house with tenant in situ and I did get to see a few properties where the tenant had absolutely refused viewings from people looking to live in the house themselves. You want a reasonable LL after all so this may be a solution for both of you because TBH if LL really wants to sell by July this is their only feasible option as it's going to take months to evict you

teaselMay

Are you sure the deposit isn't protected? 

I moved here in 2011 and was always vaguely aware I'd not had any correspondence re protecting the deposit but it slipped my mind. My landlord has wanted to sell for a few years and we'd discussed the deposit a few times (he's a good and fair landlord, it's a different situation). Neither of us had anything identifying where the deposit was.

I found a crumpled receipt from the estate agent who was taken over a month after they arranged my first tenancy, no details of protection but saying I'd paid it. Everything subsequent to that I did directly with the landlord. We have eventually found the deposit and it was appropriately protected via a different letting agent, it took a while though.

Even if you moved out tomorrow your landlord's timeline for selling seems pretty optimistic!

ConfusedWeeTenant

Thanks teaselMay, yes I have done the online checker for all three deposit schemes and further verified it by phone and email with them.

LightFlare

whilst it may take a while - especially if documents etc aren’t  in order now - eventually you will have to vacate at some stage in the future.

Start looking and making plans and don’t forget, you may require a reasonable reference for your next property. 

So yes, absolutely enforce your rights, but be aware of “pushing” too far

Mr.Generous

On the "How to rent" situation every agent I've used has emailed a copy to tenants, and handed a printed copy over when signing tenancy. As a landlord I don't give a copy, the agent has it covered.

I've had one tenant who claimed they never got any notification about the deposit and this was just 1 month into the tenancy when month 2 rent was due they said they paid it upfront (ie 1st months rent and deposit) when I showed link to TDS and gave landlords ID and property ref etc they said "Well we did get something from them but we didn't read it". If you have checked with all 3 schemes (England) then I think landlord or agent has a big problem which could work well for you financially.

ConfusedWeeTenant

Thanks for the further responses, they are all appreciated

This tenancy was private, and no documents were emailed whatsoever and nothing signed other than the tenancy and deposit receipt, as well as initial rent