Section 21 but landlord said I can move back in?

Avidmusicmaker

Hello, new here so hope I am in the right place!
My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.
The landlord was served a council warrant for repairs in Aug which he carried out. I had six months protection from eviction and the Section 21 arrived shortly after. He said he is issuing this to do a refurb of some of the house.
My question is this: Do I trust that he would have me back in July?
The agents emailed him asking him what the rent would be and whether he could give me a definite date to move back in, and that was three weeks ago- no reply.
I'm in a panic because although legally, this cannot be classed as a retaliatory eviction, it still feels like one. I have nowhere to go with my children for two months and nothing has been put in writing.
I have health issues and have lived at the property for five years, and spoke with a housing officer at the council yesterday who advised me that it will be a long time, (3 years roughly) before we get housed with them and that my best option was to negotiate with the landlord.
Please can anyone advise? Do I trust that he will have me back and leave voluntarily in May? Or, stay in the property and hope that the council will help?
Thank you in advance.

FlorayG

Absolutely do not leave. LL can do the refurb with you there or if it's major he can find you temporary accommodation while he does it. There is no reason for him to issue a S21 if he intends to let you come back

saajan_12

Avidmusicmaker said:

Hello, new here so hope I am in the right place!
My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.
The landlord was served a council warrant for repairs in Aug which he carried out. I had six months protection from eviction and the Section 21 arrived shortly after. He said he is issuing this to do a refurb of some of the house.
My question is this: Do I trust that he would have me back in July?
The agents emailed him asking him what the rent would be and whether he could give me a definite date to move back in, and that was three weeks ago- no reply.
I'm in a panic because although legally, this cannot be classed as a retaliatory eviction, it still feels like one. I have nowhere to go with my children for two months and nothing has been put in writing.
I have health issues and have lived at the property for five years, and spoke with a housing officer at the council yesterday who advised me that it will be a long time, (3 years roughly) before we get housed with them and that my best option was to negotiate with the landlord.
Please can anyone advise? Do I trust that he will have me back and leave voluntarily in May? Or, stay in the property and hope that the council will help?
Thank you in advance.

Sounds very wierd.. if the required fixes are completed, then why is a refurb so urgent (when it seems you as the tenant don't want them done)? Why would he voluntarily lose 2 months rent and refurb costs, when moments ago a council had to almost force him to do required repairs? 

If you're relying on being let back in then you should demand a signed new tenancy starting on X date. If that's not forthcoming then there's a reason.. either they have no intention of letting you back in, or they're not sure of the building work timeline, or whatever. 

Re the council housing, that timeframe may vary once your S21 notice expires and you're seen as homeless. So keep on that, but also look at new private rentals. Unless you have a contract signed at this or another place, I wouldn't believe I had a rental secured. Besides what would you do for the 2 months? 

Avidmusicmaker

FlorayG said:

Absolutely do not leave. LL can do the refurb with you there or if it's major he can find you temporary accommodation while he does it. There is no reason for him to issue a S21 if he intends to let you come back

Thank you, I thought that too, but the letting agents said he can! Then, when we come back in July it will be on a brand new tenancy.

Avidmusicmaker

saajan_12 said:

Avidmusicmaker said:

Hello, new here so hope I am in the right place!
My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.
The landlord was served a council warrant for repairs in Aug which he carried out. I had six months protection from eviction and the Section 21 arrived shortly after. He said he is issuing this to do a refurb of some of the house.
My question is this: Do I trust that he would have me back in July?
The agents emailed him asking him what the rent would be and whether he could give me a definite date to move back in, and that was three weeks ago- no reply.
I'm in a panic because although legally, this cannot be classed as a retaliatory eviction, it still feels like one. I have nowhere to go with my children for two months and nothing has been put in writing.
I have health issues and have lived at the property for five years, and spoke with a housing officer at the council yesterday who advised me that it will be a long time, (3 years roughly) before we get housed with them and that my best option was to negotiate with the landlord.
Please can anyone advise? Do I trust that he will have me back and leave voluntarily in May? Or, stay in the property and hope that the council will help?
Thank you in advance.

Sounds very wierd.. if the required fixes are completed, then why is a refurb so urgent (when it seems you as the tenant don't want them done)? Why would he voluntarily lose 2 months rent and refurb costs, when moments ago a council had to almost force him to do required repairs? 

If you're relying on being let back in then you should demand a signed new tenancy starting on X date. If that's not forthcoming then there's a reason.. either they have no intention of letting you back in, or they're not sure of the building work timeline, or whatever. 

Re the council housing, that timeframe may vary once your S21 notice expires and you're seen as homeless. So keep on that, but also look at new private rentals. Unless you have a contract signed at this or another place, I wouldn't believe I had a rental secured. Besides what would you do for the 2 months? 

Very weird. My only guess is that he can claim the costs back for the new kitchen and bathroom by signing a brand new tenancy with a huge rent increase! Whereas if he renewed the tenancy, he could only up the rent by a certain amount. Makes me so angry because I asked for the repairs years ago and he never done them!
My guess is that even though it is not illegal; this is a personal retaliatory eviction.

HillStreetBlues

Avidmusicmaker said:

FlorayG said:

Absolutely do not leave. LL can do the refurb with you there or if it's major he can find you temporary accommodation while he does it. There is no reason for him to issue a S21 if he intends to let you come back

Thank you, I thought that too, but the letting agents said he can! Then, when we come back in July it will be on a brand new tenancy.

And when that tenancy doesn't appear they would have got you out very easily.

FreeBear

Avidmusicmaker said: My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.

Do you have a copy of this email to the agent ?

If a judge were to see that email, I suspect he would be very dismissive of the S21 application and have words to say to the LL.

FlorayG

OP you are aware, I hope, that a S21 is only a notice that the LL is prepared to start eviction proceedings? You don't have to leave until he actually evicts you via a court order and bailiffs which can take months, you're perfectly entitled to stay after the date of the S21. Plus I would bet that your (slightly dodgy) LL won't even be able to issue a S21 because he won't have done all the legal requirements beforehand. So I think he's 'trying it on' to get you to leave easily.
As for putting up the rent 'only a certain amount' that's actually currently not true;he can put up the rent as much as he wants with only the danger that you might appeal the increase with the rent tribunal if you thought it unreasonable

FlorayG

Avidmusicmaker said:

saajan_12 said:

Avidmusicmaker said:

Hello, new here so hope I am in the right place!
My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.
The landlord was served a council warrant for repairs in Aug which he carried out. I had six months protection from eviction and the Section 21 arrived shortly after. He said he is issuing this to do a refurb of some of the house.
My question is this: Do I trust that he would have me back in July?
The agents emailed him asking him what the rent would be and whether he could give me a definite date to move back in, and that was three weeks ago- no reply.
I'm in a panic because although legally, this cannot be classed as a retaliatory eviction, it still feels like one. I have nowhere to go with my children for two months and nothing has been put in writing.
I have health issues and have lived at the property for five years, and spoke with a housing officer at the council yesterday who advised me that it will be a long time, (3 years roughly) before we get housed with them and that my best option was to negotiate with the landlord.
Please can anyone advise? Do I trust that he will have me back and leave voluntarily in May? Or, stay in the property and hope that the council will help?
Thank you in advance.

Sounds very wierd.. if the required fixes are completed, then why is a refurb so urgent (when it seems you as the tenant don't want them done)? Why would he voluntarily lose 2 months rent and refurb costs, when moments ago a council had to almost force him to do required repairs? 

If you're relying on being let back in then you should demand a signed new tenancy starting on X date. If that's not forthcoming then there's a reason.. either they have no intention of letting you back in, or they're not sure of the building work timeline, or whatever. 

Re the council housing, that timeframe may vary once your S21 notice expires and you're seen as homeless. So keep on that, but also look at new private rentals. Unless you have a contract signed at this or another place, I wouldn't believe I had a rental secured. Besides what would you do for the 2 months? 

 My only guess is that he can claim the costs back for the new kitchen and bathroom by signing a brand new tenancy with a huge rent increase! Whereas if he renewed the tenancy, he could only up the rent by a certain amount. 

Not sure what you mean by this. You already have a tenancy, why would it need to be 'renewed'?

saajan_12

Avidmusicmaker said:

saajan_12 said:

Avidmusicmaker said:

Hello, new here so hope I am in the right place!
My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.
The landlord was served a council warrant for repairs in Aug which he carried out. I had six months protection from eviction and the Section 21 arrived shortly after. He said he is issuing this to do a refurb of some of the house.
My question is this: Do I trust that he would have me back in July?
The agents emailed him asking him what the rent would be and whether he could give me a definite date to move back in, and that was three weeks ago- no reply.
I'm in a panic because although legally, this cannot be classed as a retaliatory eviction, it still feels like one. I have nowhere to go with my children for two months and nothing has been put in writing.
I have health issues and have lived at the property for five years, and spoke with a housing officer at the council yesterday who advised me that it will be a long time, (3 years roughly) before we get housed with them and that my best option was to negotiate with the landlord.
Please can anyone advise? Do I trust that he will have me back and leave voluntarily in May? Or, stay in the property and hope that the council will help?
Thank you in advance.

Sounds very wierd.. if the required fixes are completed, then why is a refurb so urgent (when it seems you as the tenant don't want them done)? Why would he voluntarily lose 2 months rent and refurb costs, when moments ago a council had to almost force him to do required repairs? 

If you're relying on being let back in then you should demand a signed new tenancy starting on X date. If that's not forthcoming then there's a reason.. either they have no intention of letting you back in, or they're not sure of the building work timeline, or whatever. 

Re the council housing, that timeframe may vary once your S21 notice expires and you're seen as homeless. So keep on that, but also look at new private rentals. Unless you have a contract signed at this or another place, I wouldn't believe I had a rental secured. Besides what would you do for the 2 months? 

Very weird. My only guess is that he can claim the costs back for the new kitchen and bathroom by signing a brand new tenancy with a huge rent increase! Whereas if he renewed the tenancy, he could only up the rent by a certain amount. Makes me so angry because I asked for the repairs years ago and he never done them!
My guess is that even though it is not illegal; this is a personal retaliatory eviction.

No..? He can sign a renewed fixed term with you with whatever huge rent increase without a gap. Would need your agreement, but he'd also need your agreement for the new tenancy from July so no difference there. 

Avidmusicmaker

FreeBear said:

Avidmusicmaker said: My landlord has issued me a Section 21 notice which expires in May. Along with the notice, he emailed the agents saying that I am more than welcome to move back in in July.

Do you have a copy of this email to the agent ?

If a judge were to see that email, I suspect he would be very dismissive of the S21 application and have words to say to the LL.

No, I don't! But now you have me wondering whether I could ask for it?