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Landlord selling / sold house need some legal advice

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  • FBaby
    FBaby Posts: 18,367 Forumite
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    If your landlord takes this to court and the Section 21 is valid he can have the court costs awarded against you. Similarly if he has to use county court bailiffs to evict you then you will be liable for the cost
    Indeed. All very well to go about your rights and advice that the powers are in your hands to negotiate what you want. At the moment, you have no idea how it could go. They could indeed turn desperate, especially if the buyer threaten to pull out. That's the time you would be best to negotiate and likely to get something, but although that might mean money in your hands, it won't give you a roof and you can assume that the money will come when you've handed the keys.

    Or you could wait for the 2 months to come and then refuse to move so they have to take you to court. You'll get another couple of months if the S21 is indeed deemed unlawful (but make sure that is the case, a name wrongly spelt might not be enough to be considered so) but you will then get no deal, no immediate deposit back (because you can sure he will contest it and they can delay the process for many months disputing everything so you get no deposit back for a long time after you've moved out, and you then end up with court fees to pay, and potentially still nowhere decent to move.

    So you really need to consider all options and not assume that using the law in your favour will automatically result in a positive outcome for you. It many cases, both the LL and the tenant ended up losers.
  • Keto_Plastics
    Keto_Plastics Posts: 45 Forumite
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    Pixie5740 wrote: »
    How odd. I would want a number of viewings of a property before pushing for exchange. Each to their own.

    If you can't afford to move then you can't afford to move. Have you contacted the housing charity Shelter for advice? Some councils offer a deposit bond scheme for tenants who don't have the money to stump up a deposit themselves so that might be worth looking into.

    Sooner or later you will need to leave. If your landlord takes this to court and the Section 21 is valid he can have the court costs awarded against you. Similarly if he has to use county court bailiffs to evict you then you will be liable for the cost.

    Yes I contacted Shelter for advice, and it is due to them and a few people here that lets Me know the S21 is most likely invalid
    I assume the court costs are paid by the LL / Agents if I win and they lose ?
    I am prepared to have to pay costs if I lose

    Thanks for the deposit bond scheme I never knew about that, I will look into it
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
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    Keto_Plastics wrote: »
    Yes I contacted Shelter for advice, and it is due to them and a few people here that lets Me know the S21 is most likely invalid
    I assume the court costs are paid by the LL / Agents if I win and they lose ?
    I am prepared to have to pay costs if I lose

    Thanks for the deposit bond scheme I never knew about that, I will look into it

    Yes, if the landlord has cocked up the Section 21 he will be responsible for the court costs.
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
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    Keto_Plastics wrote: »
    Yes deposit is protected but they will not give that back until after moved out and they want proof that all bills are paid for the property before they will release it (no matter what the condition of house is in)

    Used to be on a 6 month AST, now it is a rolling contract
    The address they want Me to move out of is the only address I have

    What would invalidate a section 21 ?
    Cannot start looking for a new home as all the money I have is tied up (in deposit) and been used up in this current property (fitted new kitchen with LL's consent not long back thinking I was staying here)

    Here is a good guide from the DPS called "Tenancy Deposits, Disputes And Damages" -
    https://www.depositprotection.com/documents/a-guide-to-tenancy-deposits-disputes-and-damages.pdf
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
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    theartfullodger wrote: »
    Ignore notice for the moment & don't tell landlord he's got an invalid notice.

    As soon as he knows notice is invalid he can issue a new, valid, one. Wait & seewhat it does - if it gets to court challenge case on basis of invalidity..

    Even if notice is valid if you dig your heels it will take 40+ weeks on average to evict you see...
    https://forums.landlordzone.co.uk/forum/residential-letting-questions/77351-time-to-repossess-statistics


    (One option you/owner may consider - I make no comment on morality...). Perhaps old/new owner might be prepared to bribe you to move early. Were it me I'd want £5k+

    Artful: Landlord

    Sorry if this question seems stupid or sarcastic as I am told that due to my directness sometimes I come across that way but can I just ask are you saying that the S21 (Form 6A) is invalid because of the dates being one day less then two months??

    I genuinely want to understand this.
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
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    G_M wrote: »
    Fbaby said "maybe".

    The points being made were that
    a) we only have ONE side of the story (there are always two)
    b) we may not have the FULL side of the story
    c) ultiately you WILL have to leave at some point
    d) you CHOSE to invest your own cash into the property - noone FORCED you

    Having said that, you've received lots of advice on your legal rights. What you decide to do is then up to YOU.

    Note: putting LOTS of capitalisations in your post makes you appear OVERLY defensive, antagonistic, and somewhat childish - just a hint for future reference.......

    Sorry for being a bit off-topic but I always seem to find that there are three sides to most stories, A's side, B's side and then the actual true story is somewhere in between the two.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
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    Keto_Plastics wrote: »
    Yes I contacted Shelter for advice, and it is due to them and a few people here that lets Me know the S21 is most likely invalid
    I assume the court costs are paid by the LL / Agents if I win and they lose ?
    I am prepared to have to pay costs if I lose

    Even if the LL loses and has to pay your costs this time they will eventually get the S21 right and will gain possession, so I'm not sure why you want to prolong the agony. If you want a home that nobody can kick you out of, buy your own.
  • PersianCatLady
    PersianCatLady Posts: 622 Forumite
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    Keto_Plastics wrote: »
    That is one thing I am starting to do now is look for another property and raise funds ready for when I find one

    I did ask for deposit back early but they replied that the deposit scheme will not release it until after I move out of the property (don't know if that's true or not as they could release it if both parties required it to be I would imagine)

    That is one thing I will do if they try to gain entry or if they try evicting illegally or even if the LL comes back to the property and acts like He did before, I will call the police

    Sorry to say this but if I was a LL and I had the best tenant in the world who gave me no issues at all, then I still wouldn't release their deposit until they had vacated the property.
  • Slithery
    Slithery Posts: 6,046 Forumite
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    PersianCatLady wrote: »
    are you saying that the S21 (Form 6A) is invalid because of the dates being one day less then two months??

    Yep, that's correct.
  • Comms69
    Comms69 Posts: 14,229 Forumite
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    PersianCatLady wrote: »
    Sorry to say this but if I was a LL and I had the best tenant in the world who gave me no issues at all, then I still wouldn't release their deposit until they had vacated the property.



    But if you needed the tenant to move out so your sale could go ahead....
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