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  • FIRST POST
    • youngmre
    • By youngmre 13th Jul 18, 5:41 PM
    • 3Posts
    • 1Thanks
    youngmre
    Being evicted, advice appreciated!
    • #1
    • 13th Jul 18, 5:41 PM
    Being evicted, advice appreciated! 13th Jul 18 at 5:41 PM
    Hi,

    This is a bit of a long one but please bare with me.

    My family and I are currently renting privately from a landlord since last year. Recently we have purchased a house and are in the process of going through with the sale. In May our landlord told us via a phone call he wanted to move back into the property with a month and a half's notice (which I know legally he is required to give 2 and told him as much).

    There was no specific written tenancy agreement when we moved in only an email stating deposit to pay and monthly rent required. We are now pushing for the house sale to go through but fear the exchange may not happen until after the notice expires.

    Here is where things get interesting. The landlord has not served "written notice" so far (only the previously mentioned phone call) and has also not protected our tenancy deposit (after both checking with all the deposit protection schemes and asking him directly). On top of this when we checked we noticed he has also not provided us with a gas safety certificate for the boiler or gas cooker since last August when the previous one expired.

    I know the above are grounds for getting a section 21 thrown out (which he so far hasn't served) but wanted some advice on the right action to take.

    Also for a bit of context we also have a son who is 2 weeks old and so want to prevent being homeless at all costs!

    Any advice on what to do would be greatly appreciated as I'm a bit overwhelmed!
Page 1
    • Slithery
    • By Slithery 13th Jul 18, 5:52 PM
    • 783 Posts
    • 1,203 Thanks
    Slithery
    • #2
    • 13th Jul 18, 5:52 PM
    • #2
    • 13th Jul 18, 5:52 PM
    Don't say anything to your LL. If he keeps contacting you just tell him that he needs to follow the proper legal process (but don't you tell him what this is).

    He needs to serve you an S21 and wait 2 months for it to expire before he can apply to the courts for an eviction, at this point you just tell the judge that the S21 is invalid because of ... (insert one reason here) and it will get thrown out and he will have to start the whole process again. If he still isn't on the ball then he'll rectify the mistake that you told the about judge but get it thrown out again for ... (insert second reason here).

    Just rinse and repeat until you exchange and give your (correct) notice or the LL gets all of his ducks in a row. I believe that the current average time for a LL to gain possession through the courts is around 40 weeks (assuming all of the paperwork is in order) so you should have plenty of time.

    Reasons for an S21 being invalid can be found here...
    https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf
    Last edited by Slithery; 13-07-2018 at 6:10 PM.
    • G_M
    • By G_M 13th Jul 18, 6:08 PM
    • 44,698 Posts
    • 53,152 Thanks
    G_M
    • #3
    • 13th Jul 18, 6:08 PM
    • #3
    • 13th Jul 18, 6:08 PM
    Hi,

    This is a bit of a long one but please bare with me.

    My family and I are currently renting privately from a landlord since last year. Recently we have purchased a house and are in the process of going through with the sale. In May our landlord told us via a phone call he wanted to move back into the property with a month and a half's notice (which I know legally he is required to give 2 and told him as much).
    2 months via a S21 Notice, not a phone call. And the S21 must be valid.

    There was no specific written tenancy agreement when we moved in only an email stating deposit to pay and monthly rent required.
    So you have an AST.
    * was a fixed term discussed/agreed or simply a monthly arrangement (ie a Contractual Periodic Tenancy)?

    We are now pushing for the house sale to go through but fear the exchange may not happen until after the notice expires.
    You have not yet received notice so have lots of time in hand!

    Here is where things get interesting. The landlord has not served "written notice" so far (only the previously mentioned phone call)
    See above

    and has also not protected our tenancy deposit (after both checking with all the deposit protection schemes and asking him directly).
    So even if he now serves a S21 it will be invalid, unless he first returns your deposit to you in full.

    On top of this when we checked we noticed he has also not provided us with a gas safety certificate for the boiler or gas cooker since last August when the previous one expired.
    More reasons why any S21 Notice will be invalid if/when he serves it, unless he gets all these matter sorted out first.

    I know the above are grounds for getting a section 21 thrown out (which he so far hasn't served) but wanted some advice on the right action to take.
    Action? Why take action?
    You could, of course, help your landlord get things right, by why help?
    Wait till your purchase goes through and then serve notice yourself. It soundslike it will take at least another 4 months to get this right!
    Originally posted by youngmre
    Do look at the link slithery provided above, and also read:


    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    Last edited by G_M; 13-07-2018 at 6:11 PM.
    • buggy_boy
    • By buggy_boy 13th Jul 18, 6:11 PM
    • 501 Posts
    • 375 Thanks
    buggy_boy
    • #4
    • 13th Jul 18, 6:11 PM
    • #4
    • 13th Jul 18, 6:11 PM
    Seems like you have a totally amateur landlord, there is lots of good advice above, read up on Section 21 and you rights and stand you ground, im sure the Landlord may get annoyed but you have rights and they need to do things legally.
    • youngmre
    • By youngmre 13th Jul 18, 6:43 PM
    • 3 Posts
    • 1 Thanks
    youngmre
    • #5
    • 13th Jul 18, 6:43 PM
    • #5
    • 13th Jul 18, 6:43 PM
    Sorry yes I forgot to mention it's a monthly tenancy so I assume a assured shorthold tenancy?

    Thank you for all your advice, you have confirmed my thoughts and made me feel a lot calmer!
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