Section 21 but landlord said I can move back in?

Avidmusicmaker

FlorayG said:

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'?

Because that's what he wants to do. He wants me to accept the section 21, live somewhere else until July and then return on a new tenancy.

FlorayG

Avidmusicmaker said:

FlorayG said:

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'?

Because that's what he wants to do. He wants me to accept the section 21, live somewhere else until July and then return on a new tenancy.

Just say " no, thank you"

theartfullodger

An s21 notice, even if valid (many MANY are invalid) does not end a tenancy nor compel a tenant to leave.  Just say no - or simply don't bother to reply to what sounds to me (a landlord since 2000) like a daft bullying landlord. 

He's plotting something to your disadvantage.  If he genuinely wants to e.g. refurbish there's other valid section 8 grounds he could serve ...

I 'spose I could be wrong, but....

FreeBear

Avidmusicmaker said:

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?

Yes, you should ask for a copy. But the agent may (and rightly so) claim confidentiality & GDPR.

goldfinches

FreeBear said:

Avidmusicmaker said:

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?

Yes, you should ask for a copy. But the agent may (and rightly so) claim confidentiality & GDPR.

However, if the agents told you about it in writing that would be worth showing to a judge or any other interested parties e.g. the council. So keep secure copies of any messages you've been sent by whatever means. Meanwhile have a dig around and check all the documentation you've ever had from your landlord and their agent just to see whether the S21 is likely to be invalid. It may very well turn out to be and there are lots of really knowlegeable people on here who can help you with that. Good luck.

Avidmusicmaker

Thank you all for your advice. I have the (very cold) email sent by him to the agents. 

I emailed him myself and he said that I can come back in 3 months. Problem is, I have nowhere else to go unless I pay for an air b&b for 3 months. He’s said he cannot give me an exact love in date nor confirm new rent amount but that he’ll try to keep it £50 below market value!
very confusing. I made an application with the council but they said first port of call is to get the landlord to agree I can come back. He has. So now I think the council may close my application!

FlorayG

DO NOT LEAVE that would be so, so silly

jimbog

DO NOT LEAVE

PRAISETHESUN

If you're relying on the council for accommodation if this all goes pear-shaped then as others have said whatever you do, do not leave. It sounds like there is a very real risk that the LL simply won't offer you the promised tenancy. Even if he does, and even if you sign a TA now for July or whenever, it still doesn't guarantee anything. Sure you'll be able to sue him for breach of contract when he doesn't let you back into the property, but it doesn't solve the issue of you not having a roof over your head and council being uninterested since you've made yourself intentionally homeless.

housebuyer143

Avidmusicmaker said:

Thank you all for your advice. I have the (very cold) email sent by him to the agents. 

I emailed him myself and he said that I can come back in 3 months. Problem is, I have nowhere else to go unless I pay for an air b&b for 3 months. He’s said he cannot give me an exact love in date nor confirm new rent amount but that he’ll try to keep it £50 below market value!
very confusing. I made an application with the council but they said first port of call is to get the landlord to agree I can come back. He has. So now I think the council may close my application!

The landlord needs to issue you a signed contract with a date in July with the new rent specified on it - that's how you confirm the new tenancy. Without that you have no legal right to return. 
The council are not going to discount your section based on this vague email from the landlord as it seems very uncertain. 

Do not leave until you have been rehouse or you have new accommodation lined up.