Landlady has served a section 21 eviction notice on me

[HunterBargan]

Hi everyone

Please see a copy of the letter from my landlady has sent to me issuing me a section 21 for eviction. I have sent her a letter by recorded delivery in reply to this rebutting this as the law states I am supposed to have been given a minimum of 2 months notice when in fact the letter was dated 2 month and 2 days before the eviction notice but was not served upon me 7 weeks prior to the eviction notice




The letter I wrote has been very rushed using current templates I have as I know I must reply to such letters within 3 days




What do you think my options are hear; if they proceed with a possession order? What chances do you think my landlady has of pulling a fast one hear, I mean to put it another way, telling a pack of lies?

Thanks

[HunterBargan]

Hear is my reply
Since I have typed it up on the computer, instead of printing and scanning it I have just copied and pasted it

--------------------------------

Private

Tony XXXX as Persons Personal Representative

Flat 3, 3 XXXXXXXXXXXX
Manchester

M12 XXX

Darryl Borrello in her private capacity

849 Kingsway

East Didsbury

Manchester

M20 5PA


04-03-2022

Darryl Borrello in her private capacity

Without Prejudice

We the underwriters thank Darryl Borrello for her letter dated 25^th of February 2022 and for her serving a section 21 notice to vacate form which was hand delivered, which we revived yesterday the 3^rd of March 2022


the letter states that I the Persons Personal Representative of Tony XXXXXX have until the 27^th of April to vacate the property


I have enclosed a print out from the direct.gov web site stating the law regarding a section 21 notice to vacate. And it clearly states the following

How much notice you need to give

In England, a Section 21 notice must give your tenants at least 2 months’ notice to leave your property.

Since the letter was revived Yesterday the 3^rd of March 2022 and the order is for the 27^th of April 2022. This is less then the 2 month time period stated by the direct.gov web site stated above

Notice

Failure by Darryl Borrello in her private capacity to rebut this presumption (in the form of an Affidavit) and or failure to respond within 3 working days from recite of this correspondence shall constitute legal accord and satisfaction of all claims settled and closed




Private persons Personal Representative…………………………………………………................. ..................................................

[jaguarsuk]

They will not get a possession order quickly and if you can show at the hearing that the section 21 process was not followed they will not get a possession order at all.

The letter you have written back and the confirmation of delivery from Royal Mail should do that.

Is your deposit registered with a tenancy deposit scheme?

[HunterBargan]

Hi Jag and thanks for your input
I will brake what you said up point for opint

They will not get a possession order quickly and if you can show at the hearing that the section 21 process was not followed they will not get a possession order at all.

I do not know how the law works on this but do they need to serve a section 21 first wihtout going for a possession order. I mean could they just go in with a possession order without the section 21?

The letter you have written back and the confirmation of delivery from Royal Mail should do that.

But they might try and pull another trick like we only got the enclosed and not the letter or the envolope was empty (dam I should of got witness signatures on the letter).

Since her letter was hand delivered there is no proof of postage in the form of the stamp being stamped on delivery

Is your deposit registered with a tenancy deposit scheme?

Yes it is with the city hall; But I have a feeling they would try one hear

[jaguarsuk]

Hi Jag and thanks for your input
I will brake what you said up point for opint


I do not know how the law works on this but do they need to serve a section 21 first wihtout going for a possession order. I mean could they just go in with a possession order without the section 21?



But they might try and pull another trick like we only got the enclosed and not the letter or the envolope was empty (dam I should of got witness signatures on the letter).

Since her letter was hand delivered there is no proof of postage in the form of the stamp being stamped on delivery


Yes it is with the city hall; But I have a feeling they would try one hear

They have to serve the section 21 notice properly and within the law, then if you don't leave commence proceedings to obtain a possession order. Those proceedings can take months.

The court proceedings would be on the balance of probabilities, meaning what is most likely to have happened. No reasonable judge is going to think you sent an empty envelope, produced that letter and then tried to fool the court, it's simply outlandish.

However, because you did not post it they can deny receiving it and then it's your word against theirs.

You need to post it get a small box and put the letter inside (with a new date not just a copy, date it the day you send it). Take a photo on you phone before sealing it, and post it signed for (take a photo of the box with the signed for label on it at the post office). You will then have proof it was sent and received. Why the small box, who is going to suspect they are getting a letter in a box and refuse to sign for it? Unexpected parcel? Of course I'll sign for it and I wonder what's inside.

What do you mean it is with the city hall?

There are only three recognised schemes for deposits and 'the city hall' isn't one of them. You need to get confirmation of where your deposit is being held from the letting agent and if it is not with a recognised scheme you will have a claim against your landlord. Those are:

• Deposit Protection Service
• MyDeposits - including deposits that were held by Capita
• Tenancy Deposit Scheme

Some agents operate without taking a deposit and the tenant pays an insurance instead, however if you think your deposit is held somewhere you haven't been given that option.

[HunterBargan]

They have to serve the section 21 notice properly and within the law, then if you don't leave commence proceedings to obtain a possession order. Those proceedings can take months.

Do you know any where I can see this in writing please? any .gov legislation page so if it dose go to court then I can present that to the judge as well?

You need to post it get a small box and put the letter inside (with a new date not just a copy, date it the day you send it). Take a photo on you phone before sealing it, and post it signed for (take a photo of the box with the signed for label on it at the post office). You will then have proof it was sent and received. Why the small box, who is going to suspect they are getting a letter in a box and refuse to sign for it? Unexpected parcel? Of course I'll sign for it and I wonder what's inside.

I am a bit confused about this box thing; I mean is it a special track and trace delivery service or is it just a plain card board box with my letter inside sent recorded signed delivery?

What do you mean it is with the city hall?

There are only three recognised schemes for deposits and 'the city hall' isn't one of them. You need to get confirmation of where your deposit is being held from the letting agent and if it is not with a recognised scheme you will have a claim against your landlord. Those are:
.

As far as I can remember the council/ city hall put a bond up for it in my behalf
Thanks

[islandgirl]

It is usually considered good service of a document to send from 2 post offices with 2 certificates of postage (free of charge). Courts may believe one was lost but two? I would never send signed for.

[jaguarsuk]

Do you know any where I can see this in writing please? any .gov legislation page so if it dose go to court then I can present that to the judge as well?

Search Google for Housing Act 1988 and look at section 21 and you don't need .gov websites, it's the law and the judge will know by reading the section in preparation for the hearing.

I am a bit confused about this box thing; I mean is it a special track and trace delivery service or is it just a plain card board box with my letter inside sent recorded signed delivery?

It is a way of getting them to sign for a letter and you having proof they received it. Everybody signs for parcels without even thinking about it. Not many people get signed for letters.

As far as I can remember the council/ city hall put a bond up for it in my behalf
Thanks

Okay, so it will be held in the local councils name, so that's not an avenue to go down,

[HunterBargan]

[QUOTE=jaguarsuk;n1609052]

Search Google for Housing Act 1988 and look at section 21 and you don't need .gov websites, it's the law and the judge will know by reading the section in preparation for the hearing.

It is a way of getting them to sign for a letter and you having proof they received it. Everybody signs for parcels without even thinking about it. Not many people get signed for letters.

Are you saying that they are less likely to refuse a parcel then a letter?

Okay, so it will be held in the local councils name, so that's not an avenue to go down,

Do you think I have less likely chance of being scammed if with the council then my self?
Thanks

[HunterBargan]

I got another letter today from the landlady. Exact same letter as before but this time the date for service/ eviction of the section 21 is no longer the 27 of April its now the 27 of May. So looks like letter has worked

Looking at drafting up a reply to that soon!
Question am I legally obliged to leave the property the date the section 21 is served or am I allowed to weight for the possession order?

[HunterBargan]

OK then hear is my drafted letter. Everyone has there own opinion (including the underwriters where I got the templates from)
But what do you think? Dose it hold legal ground?

-----------------------------------------------------------------------------------------------------------------------------

Private

Tony XXXXX as Persons Personal Representative

Flat 3, XXXXXXXXXXXX

Manchester

M12 XXX

Darryl Borrello in her private capacity

849 Kingsway

East Didsbury

Manchester

M20 5PA

10-02-2022


Dear Darryl Borrello in her private and unlimited capacity


We thank Darryl Borrello for her letter and correspondents which we received Today the 10-04-2022 but believe that Darryl Borrello has made a mistake!

While the letter is addressed to Tony XXXXX it claims and states the following

1. I have been instructed by the landlady Jody Rooney-Hart to serve a section 21 to ask “"You”" to vacate the property by the 27^th May 2020

2. We are Giving “"You”" two months notice…

3. We will carry out an inspection on 1^st April to see if "“You"” have been able to remove anything…..

4. Please call me if “"You”" wish to discuses this further.

As we are not "“You"” we are returning this letter and its correspondents to Darryl Borrello so that she may forward this letter and correspondents to "“You”"

By reasonable Accommodation


Crown: XX-SIRNAME-XX (De Facto)………………….……………............................... ........................………………



Sovereign: Tony [CD} (De Jure)-----------------……................................................ ....….…………………..



Private Persons Personal Representative [AB]: Christian......................………….

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[islandgirl]

These letters are entirely weird. I am a LL and have never seen anything like them. Leaving that aside, no you do not have to leave. The S21 notice requests that you do. If you choose not to the LL must go to court to remove you which will take some time. However you will pay all the costs of the court action.

[jaguarsuk]

These letters are entirely weird. I am a LL and have never seen anything like them. Leaving that aside, no you do not have to leave. The S21 notice requests that you do. If you choose not to the LL must go to court to remove you which will take some time. However you will pay all the costs of the court action.

The letters appear in my eyes to essentially be saying 'we're not the tenant, so you can't ask us to leave under this law, go to court.'

[jaguarsuk]

OK then hear is my drafted letter. Everyone has there own opinion (including the underwriters where I got the templates from)
But what do you think? Dose it hold legal ground?

-----------------------------------------------------------------------------------------------------------------------------

Private

Tony XXXXX as Persons Personal Representative
Flat 3, XXXXXXXXXXXX
Manchester
M12 XXX

Darryl Borrello in her private capacity
849 Kingsway
East Didsbury
Manchester
M20 5PA
10-02-2022
Dear Darryl Borrello in her private and unlimited capacity
We thank Darryl Borrello for her letter and correspondents which we received Today the 10-04-2022 but believe that Darryl Borrello has made a mistake!
While the letter is addressed to Tony XXXXX it claims and states the following
1. I have been instructed by the landlady Jody Rooney-Hart to serve a section 21 to ask “"You”" to vacate the property by the 27^th May 2020
2. We are Giving “"You”" two months notice…
3. We will carry out an inspection on 1^st April to see if "“You"” have been able to remove anything…..
4. Please call me if “"You”" wish to discuses this further.
As we are not "“You"” we are returning this letter and its correspondents to Darryl Borrello so that she may forward this letter and correspondents to "“You”"

By reasonable Accommodation
Crown: XX-SIRNAME-XX (De Facto)………………….……………............................... ........................………………
Sovereign: Tony [CD} (De Jure)-----------------……........................................... ..... ....….…………………..
Private Persons Personal Representative [AB]: Christian......................………….

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Are you on any tenancy agreement, whether as a tenant or named person over the age of 18?

If you are not, do you realise you are writing to the landlord claiming to be a squatter?

If you are not, why are you residing in the property? How did it come about?

Additionally why are you opening mail addressed to 'Tony?'

Or does 'Tony' still live there and is opening it?

[islandgirl]

What is all the Sovereign, Crown, By reasonable Accommodation stuff? And what is meant by underwriters? I have been a LL for almost 20 years and have not seen anything like this before!