Yt

[yt65]

Landlord has given me notice to quit yesterday because I'm less than month in arrears can he do this? He is trying to enforce a section 21 4 a that was issued last time I had 1 months arrears from 2015

[EXC]

Re: Yt

I'll give [MENTION=87380]Diana M[/MENTION] a shout for you.

[Kati]

Re: Yt

tagging [MENTION=15129]Crazy council[/MENTION] [MENTION=87380]Diana M[/MENTION]

[yt65]

Re: Yt

Thanks

[yt65]

Re: Yt

Just looked at the letter again and the original section 21 notice was issued in Dec 2014 not 2015

[Diana M]

Re: Yt

Landlord has given me notice to quit yesterday because I'm less than month in arrears can he do this? He is trying to enforce a section 21 4 a that was issued last time I had 1 months arrears from 2015

Are you on an Assured Shorthold Tenancy agreement, and if so has your initial fixed term period expired so you are now on a rolling contract?

If the fixed term has expired then your Landlord usually doesn't have to give a reason for taking back possession of the property. A Section 21 Notice is the procedure of letting you know formally/legally that he wants it back. He wouldn't need to demonstrate to the court that you've done anything wrong.

However it's not as easy as that especially if your Landlord hasn't complied with statutory things to do with your deposit registration. Did you pay a deposit when you moved in?

I think you're saying that he's issued a Notice to Quit relying on a Section 21 Notice that was served in 2015 in which case he may be in some difficulty since they do have a shelf life (legally speaking).

Are there any maintenance or ongoing repair issues which could see this Notice to Quit being viewed as "Retaliatory Eviction"?

Are you in receipt of Housing Benefit which is paid in arrears so it's hard to keep on top of rent?

Sorry about all the questions but it helps to have the full picture before suggesting how to manage the situation

Di

[yt65]

Re housing

Are you on an Assured Shorthold Tenancy agreement, and if so has your initial fixed term period expired so you are now on a rolling contract?

If the fixed term has expired then your Landlord usually doesn't have to give a reason for taking back possession of the property. A Section 21 Notice is the procedure of letting you know formally/legally that he wants it back. He wouldn't need to demonstrate to the court that you've done anything wrong.

However it's not as easy as that especially if your Landlord hasn't complied with statutory things to do with your deposit registration. Did you pay a deposit when you moved in?

I think you're saying that he's issued a Notice to Quit relying on a Section 21 Notice that was served in 2015 in which case he may be in some difficulty since they do have a shelf life (legally speaking).

Are there any maintenance or ongoing repair issues which could see this Notice to Quit being viewed as "Retaliatory Eviction"?

Are you in receipt of Housing Benefit which is paid in arrears so it's hard to keep on top of rent?

Sorry about all the questions but it helps to have the full picture before suggesting how to manage the situation

Di

Not in receipt of housing benefit just a mess up with wages which I'm still trying rectify and the section 21 was issued in Dec 2014 then he wrote to me on the 9/2/17 advising me I had to leave by 25/2/17 I haven't asked to do any work (don't dare) if he wants me out doesn't he have to give me more than 16 days notice?

[Diana M]

Re: Re housing

the section 21 was issued in Dec 2014 then he wrote to me on the 9/2/17 advising me I had to leave by 25/2/17 I haven't asked to do any work (don't dare) if he wants me out doesn't he have to give me more than 16 days notice?

If your Landlord wants you out he'll have to go to court to seek possession of the property. You can defend that in court. That section 21 Notice from December 2014 would need to be valid or he won't get possession. Any irregularities with registration of your deposit may also frustrate a Possession Order.

Even if he is granted a Possession Order you can ask the court to give you a maximum of 42 days to quit (14 - 28 days is more typical). If you don't go on that date (on the Order) then the Landlord would have to obtain a Warrant of Eviction. The whole process takes from 4 - 6 months depending on how busy your local court is.

The process is explained here >

https://england.shelter.org.uk/get_a...tion_21_notice

It doesn't sound as if you're happy with your Landlord if you don't dare ask him to fix things. If there's anything wrong which could affect your health or safety (damp, mice or fire risks etc) you could contact the Environmental Health team at the Council and let them deal with it. If that were to be the situation then he would have difficulty in seeking possession which could be considered as 'revenge' by him.

Do you actually want to stay in the property if you have tyrannical landlord? If you do decide to move on then you want to do that at your own speed not at his behest

Was/is there a deposit?

Di

[Crazy council]

Re: Yt

Hi

I think , the section 21 notice is valid ( and can be for many years )

Current changes to the Acts mean that any teancy or section 21 served after October 2015 is only valid for a few months, but ones served befroe are not limited by lenght of time

http://www.landlordsguild.com/how-lo...1-notice-last/

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

[Diana M]

Re: Yt

Basicaly, the section 21 notice is valid ( and can be for many years )

Current changes to the Acts mean that any teancy or section 21 served after October 2015 is only valid for a few months, but ones served befroe are not limited by lenght of time

. . . . assuming the pre-2015 Section 21 Notice was valid in the first place (correct wording/dates/service etc).

Di

[Crazy council]

Re: Yt

. . . . assuming the pre-2015 Section 21 Notice was valid in the first place (correct wording/dates/service etc).

totaly correct sorry, especialy becuase the LL has to conform with the deposit conditions,

[yt65]

Re: Yt

Yes there is a deposit and it has been protected and yes I will probably move on as every time you ask him to do anything he mentions in passing section 21 it was just the 16 days notice I was worried about but thank you for all your advice hopefully I'm more prepared to deal with him now

[Diana M]

Re: Yt

I will probably move on as every time you ask him to do anything he mentions in passing section 21

He sounds like a bully to me.

When you do move on you can have the last laugh by leaving a negative reference on this website where tenants say what they really think of their Landlord/rental property

It makes interesting reading and is used by potential tenants to check a property by its address before deciding whether to enter into a deal.

http://rentalraters.com/

I'm glad your deposit is protected since you may need to make a bit of noise about that if he doesn't return it in full when you go.

Anyway, 16 days to get out is a no-no. He'll know that too.

If he quotes Section 21 at you again when you complain about something then remind him that harassment is a criminal offence.

Di