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My daughter was issued with a section 21 by her landlord . This was not for any other reason that we can think off other than the fact that there were a lot of maintenance issues on the property that she kept querying. She found another property and moved out as she did not want to be homeless. The same letting agency immediately put the property up for rent again at a higher rate. Can a landlord evict someone for no reason and then re rent immediately. She had been in the property since oct 2009 and was out of a signed lease agreement. Please can anybody help?
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Re: Section 21
Was it a Section 21(1) or a Section 21(4)?
Had she not signed any further sort of tenancy agreement, or was there anything in the original AST agreement which stated it would automatically turn into an Assured Tenancy after a period of x months? -
Re: Section 21
Hi
Not sure on the answers to any of the questions at the moment as all information is at her house. Does it make a difference?Comment
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Re: Section 21
Yes. Depending what sort of tenancy she had they may have used the wrong eviction order, and Section 21(4)'s are notoriously difficult to serve correctly.
Until we know the legal status of her tenancy agreement, it's very hard to offer constructive help. I guess that's the first thing to ask.:tinysmile_grin_t:Comment
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Re: Section 21
Thank you I will check this for you, I assume if I ask for copies the agency would have to produce them.Comment
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Re: Section 21
Thank you I will check this for you, I assume if I ask for copies the agency would have to produce them.Comment
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Re: Section 21
How much notice was she given on section 21?Originally posted by Hells View Post
Was it an assured shorthold tenancy?
If Notice was given 2 months prior then the landlord can get rid of anyone they so choose and re rent out the apartment providing the right notice was given.
Did she get her deposit back?
Is there a reason why you are asking as your daughter has a new place now?"Family means that no one gets forgotten or left behind"
(quote from David Ogden Stiers)Comment
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Re: Section 21
No they have not given the deposit back yet, she left in early jan. they had lots of maintenance problems that they kept requesting to be done , ie damage to the house due to the leaking roof that they failed to fix, they had to have scaffolding up for 3 months, roofers attended on 3 different times but still couldn't sort. The kitchen floor had to be dug up due to a leak, the fire stopped working. The oven had to be replaced. The heating didn't work for 3 months and the boiler was leaking. The toilet had problems etc. The original landlord tried his best but then he died and shortly after they were issued with this notice. It does not seem right that you can evict someone then readvertise. I am trying to find out what is says in the tennancy agreement so will update as soon as I know.Comment
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Re: Section 21
They have the right to do so providing they give the requisite notice, ie two months notice.
When did she move out? Worth chasing up the deposit as well
"Family means that no one gets forgotten or left behind"
(quote from David Ogden Stiers)Comment
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Re: Section 21
As long as they make sure the notice ends on the date of the end of one period of the tenancy. This means that in reality, the two months notice is often longer than two months. If they get this bit wrong, the notice is invalid.Originally posted by leclerc View PostComment
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Life is a journey on which we all travel, sometimes together, but never alone.Comment
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