Possible Invalid Section 21 Notice – Advice Appreciated

SORN

Hi all,

I would appreciate some advice regarding a Section 21 notice.

I have been renting a studio flat under an AST for a few years and recently received a Section 21 after the landlord had been trying to sell the property for quite a long time.

I have always paid rent on time and there have never been any rent arrears or complaints. I also dealt with several maintenance issues myself during the tenancy.

I am now trying to understand whether the Section 21 notice is valid because I have concerns about:

• deposit prescribed information,
• whether all required documents were properly served,
• and some inconsistencies in the tenancy paperwork.

The landlord owns multiple properties in the same area, which makes the situation feel a bit unusual.

I have already spoken with Citizens Advice and I am currently gathering information before deciding whether to challenge the notice or simply prepare to move.

Has anyone here successfully challenged a Section 21 due to paperwork or service issues? Any advice would be appreciated.

user1977

How "recently" exactly? s.21 notices needed to have been served before 1 May, for a start, otherwise they'd need to use the new procedures.

SORN

 yes before 1 May

theartfullodger

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/section_21_validity_checker

You're welcome

Many (MANY!!) s21s are invalid. Many (MANY!) landlords don't understand what they are doing.

(I've been a landlord since 2000)

Brie

Some tenants check to see if all the paperwork is in order and all the certificates etc and wait to the last day to notify the landlord of one of these. Normally that cancels the S21 and they have to correct the mistake and start all over. And then advise them of the next mistake on the new last day & so on…..

This is really just a delaying tactic but might be useful if you struggle to find some place new within the time given.

Shelter is a good source of information should you need more than what's available from citizen's advice.

Home - Shelter England (presuming you are in England…..)

SORN

Thank you. My deposit does appear to have been protected correctly with MyDeposits, however I never actually received the deposit protection certificate myself at the start of the tenancy. I only obtained it recently after contacting MyDeposits directly.

I also noticed that the certificate contains an incorrect previous address — it shows an address from two properties ago rather than the address I lived at immediately before moving here. I have no idea how that happened.

I’m still trying to understand whether issues like this could affect the validity of the Section 21 notice.

SORN

I've never had any luck with Shelter is very hard to reach them on the phone or web-chat

RAS

Go to artful's link and use the checker. We used to have one here but it's now out of date.

Catonthemoon

I don’t understand why some tenants do this. It’s simply grasping at straws & delaying the inevitable. If the L/L wants to sell that property (which they’re quite entitled to do), then do the decent thing & move out.

Also, worth bearing in mind that you will stand a much better chance of securing another tenancy with a very good reference from your L/L. If you become ‘difficult’ with regards to moving out, that will almost certainly be reflected in any reference that they provide, thereby making an already challenging situation even more difficult for you.

Brie

https://forums.moneysavingexpert.com/discussion/comment/81998825#Comment_81998825

I quite agree it's grasping at straws. But for some people that's the only thing they can do. A friend was evicted a year back and delayed things as much as he could trying to find a new place he could afford. He'd been paying about £600 for a 2 bedroom flat (incredibly cheap) and has for the last year been trying to find a one bedroom or decent studio for under £1,000.

Sometimes just discussing the situation with the landlord is all that's required. Maybe tell them you're willing to move but need time/help/good reference. Maybe the landlord knows someone else that would like a good tenant.

SORN

I completely understand both points of view, and I am not trying to avoid moving forever or stop the landlord from selling his property. I understand he is entitled to sell.

My concern is mainly the practical impact this has on me. I run my self-employed business from home, so moving is not simply a case of packing boxes over a weekend. Any disruption to my internet, equipment, workspace and availability could affect my customers and income directly.

I have also always paid rent on time and tried to be a good tenant. Throughout the tenancy I handled many maintenance issues myself and avoided bothering the landlord unless absolutely necessary.

What also makes this situation difficult to understand is that the landlord owns several other flats in the same area, including one directly opposite mine in the same block. That flat is very small as well (under 30 square metres) and is occupied by a couple who moved in much more recently than I did. Yet my flat is the one being sold.

At the moment I am simply trying to understand my legal position properly before making major decisions. If the notice is valid, then of course I will eventually have to move. But if there are procedural issues, I do not think it is unreasonable to understand my rights and ensure the process is being handled correctly.

I do agree that communication and finding a practical solution is usually the best outcome for everyone.