Never received section 21

by Readers Question

15:53 PM, 5th June 2014
About 7 years ago

Never received section 21

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Never received section 21

Never received section 21My landlord sent me a letter on the 28th May saying my tenancy comes to an end on the 17th June and therefore someone would be coming to do a checkout.

I was totally shocked as I have been living at the property for 3 years and have always paid my rent in advance. I was expecting a new tenancy agreement as my tenancy runs out on the 11th June.

When I contacted the letting agent saying they couldnt just give me notice of 18 days I was told a section 21 had been served on me on the 15th April and it had been hand delivered. I explained I had not received any such notice and as I have CCTV I asked what time it had been delivered. I had the CCTV checked it and no way had the notice been put in the door!

The reply I got was how do you expect me to remember something I did two months ago.

I’m wondering is there anything I can do as I just cannot find somewhere suitable in 18 days.

I think the are doing it as I complained about a few repairs after the flat was burgled at Christmas and it took them 4 months to come and fix the broken windows and doors.

Thanks

Karen

Comments

Gary Nock

20:51 PM, 5th June 2014
About 7 years ago

Well thats also my view. I reissue the cert as well. A complete new set when it goes statutory periodic. Although the tenants invariably do not return it signed at least they are given it 1st class with a certificate of posting.

Amanda Hardy

8:37 AM, 6th June 2014
About 7 years ago

Reply to the comment left by "Romain " at "05/06/2014 - 20:00":

Thanks for the advice Romain and indeed for a few extra pages, better to be safe than sorry

karen drew

11:00 AM, 6th June 2014
About 7 years ago

Reply to the comment left by "Mark Alexander" at "05/06/2014 - 15:59":

I have received an email from the letting agent this morning saying now the section 21 is irrelevant as on the 12 june he will be serving a section 8 my rent is due on the 11. I haven't said that i wasn't paying the rent. i,m not in arrears and he has my deposit can you advise pls

Mark Alexander

11:20 AM, 6th June 2014
About 7 years ago

Reply to the comment left by "karen drew" at "06/06/2014 - 11:00":

Hi Karen

I suggest you write back and ask the agent on what grounds the section 8 notice will be based.

Unless you are in default of your tenancy then such a notice will not be valid and any claim for possession will also fail in Court.

Rent arrears are not the only grounds for section 8 notice though. Are you certain that you are observing all of the other conditions of your tenancy? If so, you have nothing whatsoever to fear.
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karen drew

11:36 AM, 6th June 2014
About 7 years ago

Reply to the comment left by "Mark Alexander" at "06/06/2014 - 11:20":

I really believe it is because i have moaned about repairs but i wll contact the agent and ask what grounds he is serving it under thank you for your help

Mark Alexander

13:33 PM, 6th June 2014
About 7 years ago

Reply to the comment left by "karen drew" at "06/06/2014 - 11:36":

Well that's certainly NOT grounds for a section 8. The Judge will throw them out of Court, he may even have them for contempt and wasting Court time!
.

DC

16:24 PM, 7th June 2014
About 7 years ago

Reply to the comment left by "Roy and Tania" at "05/06/2014 - 16:28":

Hi
I'm trying to help a family member recover an undisputed deposit that is now more than 3 months overdue (should have been returned within 10 days). It was apparently placed into a DPS scheme ( insurance based I assume) by the letting agent on behalf of the landlord but the agent has given numerous excuses for not returning it.

I have received a copy of the tenancy agreement today, which incorporates the PI and note some non-compliance anomalies already, such as no other supporting documentation with the PI in respect of the DPS.

I was assuming that if any action were to be taken that we would direct this at the landlord, as per his responsibilities under the legislation, but I'm intrigued to see that your case mentions that the agent was fined as well.

I would be obliged to know exactly how you went about proceedings if you don't mind as in our circs the agent has been extremely unhelpful by all accounts and assuming this is an insurance scheme where the landlord has innocently relied upon the agents services, I feel the agent should at least be made aware of their responsibilities and possible penalties they could face when we tackle the situation.

Thanks in advance.

Tony Allsop

12:34 PM, 10th June 2014
About 7 years ago

Help! I am new to this site. What do the terms PI and Superstrike refer to?

Mark Alexander

12:49 PM, 10th June 2014
About 7 years ago

PI = Prescribed information which must be issued by law within 30 days of taking a deposit from a tenant.

Superstrike is a landmark Court case heard in the Court of Appeal. I suggest you use our search function and look up some of the many articles regarding the Superstrike case.
.

Gary Nock

14:10 PM, 10th June 2014
About 7 years ago

If you have a couple of days spare then wait until Industry Observer logs on 🙂

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