Section 21 notice

millie_17

A friend has been served a section 21 notice and only has a couple of weeks left until the date she needs to move out. The landlord is selling. My friend is purchasing a property for herself but it is taking time to go through and will likely be a while longer until completion. The landlord is adamant about the move date but she has nowhere else to go. Separately she has discovered that her tenancy deposit was transferred from one scheme to another over a year ago and she didn’t get the details of the new scheme. And the scheme she was told it went to don’t know anything about it. I’m told this means the section 21 is invalid. Is that correct? And what is the recommended actions she should take please. Any advice is appreciated .

fatbelly

You don't need to move out because a section 21 notice has expired.

It just means that the landlord can start a possession claim in the courts.However, if he has moved the deposit somewhere unknown he may struggle with a claim until he returns the deposit

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

FreeBear

millie_17 said:

A friend has been served a section 21 notice and only has a couple of weeks left until the date she needs to move out. The landlord is selling. My friend is purchasing a property for herself but it is taking time to go through and will likely be a while longer until completion. The landlord is adamant about the move date but she has nowhere else to go.

Um, move out date is for a judge to decide, not the landlord. Your friend just needs to hang on for as long as she can (and still pay the rent).

The S21 may be invalid anyways, so if it is, the LL would need to rectify any failures and start the process again from scratch.

theartfullodger

Even if the s21 is valid (many many are not) it does not end tenancy nor compel tenant to leave..

My youngest son & two house-mates were similarly served s21.  In their case invalid. ("Award winning" agent didn't understand the law).

Landlord was selling.  Finally penny dropped with landlord.  Came round day before planned sale, wrote cheque for thousands. They left, everyone happy.

Strongly suggest calmly & politely to landlord that you'll stay through court eviction(probably 6 months) unless they provide incentive.  I'd want at least £5k at least , but I'm a greedy landlord.

YBR

It is also possible to negotiate with the Landlord, particularly if the purchase is getting close by then. LLs would generally rather agree a small extension and an amicable departure than pay for the court and eviction process.

Tell your friend not to despair.

pinkshoes

millie_17 said:

A friend has been served a section 21 notice and only has a couple of weeks left until the date she needs to move out. The landlord is selling. My friend is purchasing a property for herself but it is taking time to go through and will likely be a while longer until completion. The landlord is adamant about the move date but she has nowhere else to go. Separately she has discovered that her tenancy deposit was transferred from one scheme to another over a year ago and she didn’t get the details of the new scheme. And the scheme she was told it went to don’t know anything about it. I’m told this means the section 21 is invalid. Is that correct? And what is the recommended actions she should take please. Any advice is appreciated .

The landlord can be as adamant as he wants, but it's not up to him - he would need to apply to the court to get your friend evicted.

So your friend just needs to stay put for now.

I suggest changing the lock, just in case the LL tries to enter if she's out. The barrel can be put back once she does leave.

I'd also suggest just keeping things polite with the LL. She can just tell him she's purchasing a property, and will be moving out once she has an exchange/completion date, but that unfortunately won't be by the end of the S21 notice.

If it goes to court, she would have to pay all costs, so if the S21 expires and the LL starts demanding she moves out, then she could inform him that the S21 was invalid as he moved the deposit without notifying her, so it needs to be returned in full before issuing an S21, but that it would be pointless taking it to court as she will be moving out shortly due to purchasing a property, so wouldn't want to waste the court's time. 

If the LL has any common sense he will just accept the later leaving date rather than taking it to court.

millie_17

Thanks for all the advice everyone. Can we ask if there are any advantages or disadvantages for telling the landlord now that she won't be leaving on the the date on the S21, or should she leave it until just before the deadline? And should she disclose that she's aware of the flaw with the S21, or keep that in her back pocket for now?

Bookworm225

millie_17 said:

Thanks for all the advice everyone. Can we ask if there are any advantages or disadvantages for telling the landlord now that she won't be leaving on the the date on the S21, or should she leave it until just before the deadline? And should she disclose that she's aware of the flaw with the S21, or keep that in her back pocket for now?

it depends on her own morality
does she want a fight ?
does she expect the LL to become aggressive if she does?
does she want to create a  smooth two way process where each help the other?
can she manage her own matters?

pinkshoes

millie_17 said:

Thanks for all the advice everyone. Can we ask if there are any advantages or disadvantages for telling the landlord now that she won't be leaving on the the date on the S21, or should she leave it until just before the deadline? And should she disclose that she's aware of the flaw with the S21, or keep that in her back pocket for now?

I think the tea and cake friendly chat method would be advisable.

As the S21 deadline is not far away, then it would perhaps be the nice thing to do to talk it through with the LL.

Let him know nicely that actually, as the deposit was changed and she wasn't notified, then the S21 was unfortunately invalid, but rather than him going to all the bother to get another S21 issued, she does plan to move out as she is buying a house, but the completion date will not quite line up with the date he wants her to move out, but it will still be long before a new S21 will expire.

Basically she needs to get him to see that an S21 is pointless as she is going to move out anyway.

millie_17

Thanks for all your replies. My friend has had some delays with purchasing a property, and so is still in situ at her rented flat. The landlord has (reluctantly) accepted it is taking longer than anticipated to move out (still doesn't know about the flawed S21 though). However he has advised he is increasing her rent. And although this sounds picky - she was only given 29 days notice, not a full month. Your advices would be appreciated, thanks.

m0bov

Just pay the usual rent, by the time the LL can do anything about it, you..I mean your friend would have moved out.