Shelter’s Income and expenditure figures highlighted13:57 PM, 4th February 2019
About 3 weeks ago 35
I moved into my current (rented) home 4 months ago. I recently contacted the agent I rent from to report the presence of mould (as required by the agreement) and to ask for help.
The initial response was “not our problem. If you don’t like it then move”.
The next day (Saturday) a section 21 notice was delivered giving me just over 2 months notice, accompanied by a letter saying it was because of the mould issue. Not nice at this time of year.
After my initial shock and anger I have had a few days to calm down and decided that in the long term I do not want to live here any more (so attempting to patch things up does not seem worth the effort) even though I am going to have to pay again for references, etc and money is tight. I want to move, but 2 months is unlikely to be enough time to find a suitable place for a family of 6.
I believe that the S21 notice is invalid, so I may have an extra couple of months to find a new home.
However, I want to be sure of my position before doing something stupid that may affect my ability to rent a new place.
I have searched Property118 articles (and elsewhere) but have been unable to find the answer to the questions below. Can anyone provide answers, preferably with reference to law?
1. I have heard that if a notice is delivered after 5pm or on a non working day (Saturday, Sunday, Bank Holiday) then it is deemed served on the next working day.
a) is this true?
b) does it also apply if the notice is handed to the tenant?
c) does it apply if the notice is handed to someone at the property who is not named on the notice?
2. A section 21 notice requires possession AFTER a date.
a) Does this mean that the tenant can return possession at any time after that date and no longer be liable for rent etc?
b) If that is the case, then would it still apply if the notice was not completed correctly (ie could the landlord claim on the basis that HE had screwed up)?
3. I believe that if a judge says that the Section 21 notice is invalid, then
a) I have done nothing wrong by staying in the house and it should not affect my ability to rent through an agency in the future.
b) I will not have to pay any of the landlord’s costs.
Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.
Our mission is to facilitate the sharing of best practice amongst UK landlords, tenants and letting agentsLearn More