Rental Property-Section 21 Notice

[helpinhand]

Hi,

I was wondering if anybody knew what a section 21 notice means (in depth) and what grounds a landlord would need to issue a tenant with the forms?


Thanks in advance

[Tools]

Re: Rental Property-Section 21 Notice

https://www.gov.uk/gaining-possessio...rthold-tenancy

Basically it is a landlord giving the tenant notice that they wish to regain possession of their property, usually when the assured shorthold tenancy period has expired

[PlanB]

Re: Rental Property-Section 21 Notice

I was wondering if anybody knew what a section 21 notice means (in depth) and what grounds a landlord would need to issue a tenant with the forms?

Do you want to tell me why you're asking (I've been following your other thread)? Have you received one of these section 21 Notices?

In short the Landlord doesn't need any legal grounds to issue a section 21 Notice except the fact that the Landlord wants his property back. A Landlord can't have the property back until your tenancy agreement has expired but a section 21 Notice is known as a "No Fault" request. There doesn't need to be any breach of the contract (AST) or rent arrears etc.

However there are lots of ways a Landlord can mess up a section 21 Notice (they must be date specific) so if you want to give me some more information I'll let you know whether yours (if you've received one) is valid

Whatever the circumstances you do not have to leave the property on the date given on the section 21 Notice. If you don't budge the Landlord then has to take you to court to obtain possession, and even after the Landlord gets a possession order he still has to get an Eviction Warrant from the court to get you out if you still refuse to budge. This process usually takes about 3 - 5 months to complete.

[helpinhand]

Re: Rental Property-Section 21 Notice

To cut a long story short he hasn't been very co operative on things that needed addressing within the property.Ive had smoke alarms unplugged due to a fault for a month which he tells me is my job to maintain.The boiler packed in last week (it has been playing up for months) in which in still waiting for it to be replaced (no heating or hot water over the weekend).
Ive had other problems too,he won't answer my calls but will reply to texts (when it suits) I informed him of the broken boiler first thing last week before I left for work,he didn't reply till after lunch.Time went by an id still not had a reply,so I took it upon myself to ring his plumber,who to me he hadn't heard from my landlord at all.
I nicely told my landlord that if he refused to fix the boiler I would get it looked at myself,next I know he's evicting me.

[Tools]

Re: Rental Property-Section 21 Notice

Are you still within the original fixed tenancy period or is it now continuing on a month by month basis?

If the Landlord is using Section 21 then they need to give you at least two months notice to vacate.

[PlanB]

Re: Rental Property-Section 21 Notice

next I know he's evicting me.

Oh no he isn't. Only a court can make that happen and you're a long way off that stage

First things first. Did you give your Landlord a deposit when you moved in. Did he place your deposit in a Government backed scheme? Did he give you all the prescribed information (legal bits and bobs) about your deposit? If he didn't do that his section 21 Notice is meaningless.

What date does or did your fixed term tenancy agreement expire?

[helpinhand]

Re: Rental Property-Section 21 Notice

Yeah it's a rolling tenancy and it was fixed for the first 6months (we've been here 5yrs)

He has a holding deposit which I paid myself a few days before the tenancy started.How do you mean by bits an bobs? Legal forms etc?

[PlanB]

Re: Rental Property-Section 21 Notice

If you've been there for five years you must be getting something right so I'm surprised you've been asked to leave. Do you think it's because of the row over the boiler breakdown? If that were to be fixed would you want to stay and would your Landlord also want you to stay? That would be the first thing to decide and tackle. Section 21 Notices are often sent out in fury and can easily be withdrawn once the underlying problem has been sorted.

Since April 2007 all deposits must be protected in one of the Government backed schemes. This will include yours. There are now four schemes (only three when your tenancy started) and you can check online to see which one has your deposit covered without asking your Landlord. If it's not in any of them your Landlord's section 21 Notice is invalid until he places it in a scheme and provides you with the relevant documentation. Use this checker to find out the status quo of your deposit first:

http://england.shelter.org.uk/get_ad...eposit_schemes

[helpinhand]

Re: Rental Property-Section 21 Notice

Yes I think It got his back up,had he of rang the plumber first thing when I informed him.For the first 6months of my tenancy he was on form,since then he's been letting things slide,which I shouldn't have to chase him for.

The boilers been replaced,but I doubt he would change his mind about me staying he's very stubborn!

Council haven't been much help.I have no choice.

[PlanB]

Re: Rental Property-Section 21 Notice

Council haven't been much help.I have no choice.

In which case you could turn this situation to your advantage and gain entry to the wonderful subsidised world of Social Housing. Since you are a lone parent with a child (I've read your other thread ) you will be entitled to priority housing whether the council feel like being helpful or not since they will have a statutory obligation to provide you with a home if you get evicted.

Depending on the housing stock situation in your area you may get moved into Bed & Breakfast immediately following an eviction date but this can only be for a maximum of six weeks, after that it will be either a council flat or a housing association property for the rest of your life. B & B is not all bad since many local authorities use Travel Lodge these days which Lenny Henry seems to advocate as being not all bad.

You need to go to your local Housing Office to register and when your Landlord obtains his possession order you can go back and demand to be re-housed. Sometimes they make you wait for an Eviction Order before starting the process of offering you a place. You can register 28 days before you are due to be made homeless.

Whatever happens you must not fall into rent arrears because you would then be seen as *intentionally homeless* and the Council has no legal duty to rehouse you.

Here's some information on how to work the system:


http://england.shelter.org.uk/get_ad...an_application

[jon1965]

Re: Rental Property-Section 21 Notice

Great advice from PlanB

I was issued with two S21 notices because I could not pay the rent in advance although I was never more than 4 weeks behind(not enough to use that as a reason). Because i spoke to them they have let me stay although I am on the social housing list now with a hope that I get somewhere at some point

[wales01man]

Re: Rental Property-Section 21 Notice

You should say there is actually a large shortage of social housing in most parts of the country there is I think you will find no guarantee they will get a nice house quickly,is it not better to try and resolve the OPs problems so they stay where they are.
I am not a prophet of doom I say it as I see it

[PlanB]

Re: Rental Property-Section 21 Notice

is it not better to try and resolve the OPs problems so they stay where they are.

Yes, that was my first suggestion. I'm all for mending fences (and boilers ) but the OP thinks she may have burnt her boats because the Landlord is stubborn so I explained the option of social housing to her in case the worse case scenario should happen. Her Landlord has issued a section 21 Notice which is a No Fault reason for the court giving him possession without any grounds. At the moment the ball is in his court and the clock is ticking

[PlanB]

Re: Rental Property-Section 21 Notice

Great advice from PlanB

I was issued with two S21 notices because I could not pay the rent in advance although I was never more than 4 weeks behind(not enough to use that as a reason). Because i spoke to them they have let me stay although I am on the social housing list now with a hope that I get somewhere at some point

Which reminds me Jon what happened to the original section 21 Notice you were served with in August? Did it get withdrawn or is it still there as a constant reminder to pay your rent promptly?

What most people don't realize is that a section 21 Notice has a lifespan of 12 months. Once issued the Landlord can use it anytime after the date specified to seek possession. So ideally you should get it cancelled by your Landlord or make a note in your diary as to what date it will become ineffective

[jon1965]

Re: Rental Property-Section 21 Notice

It is sat there as a constant reminder. Paying my new rent every 2 weeks as promised