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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


      • #4
        I think it actually DOES make the section 21 invalid. Either way it imay be worth waiting until the Accelerated Procedure court forms come to you and then providing a defence on the form they give you, with evidence. You may then be able to submit it at a hearing and it may go for trial, during which time you can stay at the property. You may have to pay costs if it goes against you however. If you can get legal help great. However I know this is currently often not obtainable.

        Comment


        • #5
          Thats not great advice for a tenants in this position.

          They could easly end up with £ 1000s of costs against them for sitting out an eviction process, and it could happen a lot faster than you think, also, a tenant may find it extreemly hard to get accomodation easly if they wait untill court evictions.

          i do understand that some of the items may raise some considerations in relatiuon to the validity of the section 21 in this case, so i asked a number of my old buddies still in the business, there opinion .

          Quote "I also was not served with an EPC before I was given the Section 21 notice."
          as far as i can tell, its not a deal breaker not having the EPC at the start, and it can be done at any time, possibly up to the date of the section 21. Having this discusion with one of my buddies, made him notice he needed to do it

          quote "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."
          I would get legal advice on that, as it seems that the gas cert is valid ( the TT can checfk this direct. ) some questions

          when did the tenancy start ( if before 2016, the EPC thing may not be valid )
          is there any arrears on the account
          is there a reason the LL is giving notice ?
          Last edited by Crazy council; 5th July 2018, 08:49:AM.
          crazy council ( as in local council,NELC ) as a member of the public, i don't get mad, i get even

          Comment


          • #6
            A GSC would go to the Landlord. Housing Associations often send out a copy to the tenant, however I’m not sure if this is applicable to private renting. Keep banging on the door of your local council and remind them that you are soon to become homeless.

            if you have children,disabilities or vulnerabilities you need to point this out as this can progress your application for housing. Remember if you wait for court action, there is still no guarantee that you would be rehoused any quicker. I have spoken to a new homes officer of a large housing association and asked why there is such a shortage of housing, the reply was that even some homeowners are now only 3 mortgage payments away from the risk of losing their homes, hence the lists are getting longer and longer.
            Last edited by Setmefree3; 4th July 2018, 15:40:PM.

            Comment


            • #7
              Landlords are responsible for ensuring that all gas appliances, including the installation pipe or flues are maintained in a safe condition through the entire time the property is occupied. They should be particularly mindful of this when responding to repair requests.

              Landlords of rented residential accommodation must have an annual gas safety check carried out on gas appliances which they provide (and all related gas flues). This work must be performed by a Gas Safe Registered Engineer.

              Once the check has been performed the landlord will receive a copy of the Gas Safety Certificate (or CP12 as it is often referred to) from the engineer.

              Tenants must be given copies of the current Certificate prior to moving in. Whenever the landlord performs a follow up check, the tenant must be given a copy of the replacement certificate within 28 days of the annual check being completed.

              It must be borne in mind that the offence of failing to carry out an obligation under the Gas Safety Regulations is an absolute offence subject to the limited defence available. It is therefore the landlord's responsibility to see that any such check is properly carried out. A landlord should consider putting in place a proper system of checking on whether the work has been carried out and if so if it has been done properly.

              https://www.rla.org.uk/landlord/guid...andlords.shtml

              SAR to landlord for copies of GSC?
              Last edited by Setmefree3; 4th July 2018, 14:18:PM.

              Comment

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