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Is my Section 21 notice invalid?

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  • Is my Section 21 notice invalid?

    Hi, I'm DesperateD4n and I am.... Desperate.

    I am a private tenant and have been served with a Section 21 notice 2 months ago. The landlady expects me to move out on the date given, but I will not be doing so.

    I am getting assistance from the council on rehousing, but it is happening very slowly due to the waiting lists etc. I can't give too much information on here either as I don't want to possibly be identified by my Landlady.

    But, my curiosity got the better of me and I have been looking into the requirements of Section 21. I was not served with a gas safety certificate at the (renewal) of my last tenancy 18 months ago. It lapsed and 6 months later the landlady wants me out, for no fault of my own.

    The gas safety check was done, but I am unsure of when. I was not given a copy of it and again, it expired (I've been about 3 months without a GSC) and it's just been done 2 weeks ago - 2 months after the Section 21 notice was served on me. I still have not been given a copy of the certificate, the plumber refused to give me a copy.

    I also was not served with an EPC before I was given the Section 21 notice.

    The tenancy is an Assured Shorthold and is now on a periodic basis.

    From what I read, the scenario I describe above (No GSC served, No valid GSC in place and no EPC served) means I am in posession of an invalid Section 21 notice.

    My questions -

    1) Is my take on the situation correct?
    2) If so, is it worth bringing this to the Landladies notice now, or waiting until it goes to court and telling the judge?

    Thank you in advance

    Dan
    Tags: None

  • #2
    Hi Desperated4n,
    I'm afraid this isn't my area and I'm not sure on the obligation of the landlord to continually provide a GSC or whether they just have to ensure it is kept up to date (once the initial certificate has been provided). I think this is something well worth investigating further and would suggest you contact Shelter. The Shelter helpline is really helpful and will definitely point you in the right direction. You can contact them here: https://england.shelter.org.uk/get_help
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Hi

      Not sure, i dont think it would make the section 21 invalid as there done now, maybe just late

      Them rules are to protect tenants were large ammounts of repairs are outstanding, the landlords gives notice if the tenant complains.

      To use that to defend against a section 21, you need to have had the council start acting against the LL in relation to the repairs.

      Also, the LL can act fast on the section 21 once its granted,

      heres a good writ up o fthe general conditions

      https://www.gov.uk/evicting-tenants/...tion-8-notices

      crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

      Comment

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