Unfair Section 21 Notice – Tenants Cry for HELP!

by Readers Question

9:31 AM, 9th July 2013
About 8 years ago

Unfair Section 21 Notice – Tenants Cry for HELP!

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Unfair Section 21 Notice – Tenants Cry for HELP!

My landlord has issued me with a section 21 because I have asked for certain information regarding where my deposit is and to see a copy of the gas safety certificate.

I am devasted with this as I have a chronically ill daughter whom is on full disability and the house is perfect for her.

Despite numerous requests and pleas he has enforced the section 21 that was in my tenancy agreement.

The landlord had a new boiler installed soon after I moved in. His friend was supposed to fit it but he sub contracted it out to someone who arrived in a car. My daughters safety is paramount and I thought the law protects me.

I went to citizens advice and they advised me to inform environmental health and to send a letter to say give me details of where my deposit is or return it within 14 days.  He has refused point blank saying it is in a scheme but will not give me any details.

I checked a couple of months ago with gas safe and they had no record of the Gas Safety Certificate. He is now sending documents to environmental health but I suspect that these documents will be back dated by his friend.

I am now receiving abusive emails from him telling me to leave the property by 31st August. I am distraught, I’m not eating or sleeping, my daughters health is bad due to the stress.

From what I gathered from my neighbours he did this to the last 2 tenants and they never received their deposits back because he found something wrong with the house.

No one seems to want to help me.

I’m a carer for my daughter 24/7 this is our first rental property after leaving the marital home.

Please can someone help?

LouiseUnfair Section 21 Notice - Tenants Cry for HELP!

Comments

Mark Alexander

11:04 AM, 9th July 2013
About 8 years ago

Reply to the comment left by "Industry Observer" at "09/07/2013 - 10:20":

Your comment in quotes below has raised a question which I have never previously considered

"Your Landlord may be able to serve the notice on you, but all he achieves by doing that is terminate the agreement under which the tenancy is operated."

Does this mean that once a landlord has served a section 21 notice that a tenant can move out without giving notice?

Mark Alexander

11:08 AM, 9th July 2013
About 8 years ago

Reply to the comment left by "Louise" at "09/07/2013 - 10:57":

Do not despair, I haven't exhausted all of my legal contacts yet.

Watch this space 😉

Industry Observer

11:15 AM, 9th July 2013
About 8 years ago

Mark

Arch enemy - hardly. But then I do sometimes have to correct you, as now, as I am afraid no it does not!!

The notice is the intent of the landlord and states what he wishes to achieve. The tenant can move out earlier if they wish but only by mutual agreement otherwise they are liable for rent to the end of tenancy term, and C Tax etc.

The Landlord is not saying they can move out whenever they like, he is giving them a specific date on which to surrender the property. Anything other than that, whether before the notice expiry date or after, is either by notice from one to the other or mutual agreement.

I agree with Adam's post completely, LL and T is like any other relationship of any nature, lose trust or have any sort of breakdown and it is never the same after.

Louise I am sorry to see that a £650 deposit is "not enough scope "for AG to take you on and disappointed in that. In fairness the last person I pointed towards Philippa had a £1250 deposit.

As advised though there should be plenty of others - all that is usually needed is for a warning solicitor's letter to be sent flagging up that offences have undoubtedly been committed (if they have) and unless the LL has no brain cells at all they should pay you off to keep the matter out of Court.

Sadly though Adam is again right in this respect.

Mark Alexander

11:26 AM, 9th July 2013
About 8 years ago

Reply to the comment left by "Industry Observer" at "09/07/2013 - 11:15":

As I thought, and I am relieved at that, not that I've ever issued a lot of s21's, why would I ever want to evict a good tenant? (rhetorical question)

Louise - where are you based?

The reason I ask is there may well be good landlords reading this who are looking for tenants just like you.

Louise Mac

11:38 AM, 9th July 2013
About 8 years ago

Reply to the comment left by "Mark" at "09/07/2013 - 11:08":

Just been informed by environmental health that they have received the gas safety certificates an inspection was done on 19th June at my premises ..... What a lie no one came to check the gas boiler so again do not know if my boiler is safe as all pipes still exposing. This landlord has lied there has been no safety checks on this whatsoever I'm livid but again can not do anything about. More stress more worry

Industry Observer

12:16 PM, 9th July 2013
About 8 years ago

Louise

When you say no-one came are you sure that the Landlord didn't just give his contractor a key?

Are you there all the time?

Can we just be sure of the facts 100% here:-

1. How long have you been at this property? You make it sound as though the boiler was fitted soon after you moved in.

2. This gas safety record is it the fitting of the new boiler that generated that record? From 19.6.13

3. If not when did tenancy start?

4. Falsifying records by a qualified contractor is just as serious an offence as an unqualified contractor doing the work. You should pursue this I would suggest through local environmental health.

5. I would definitely contact DPS, give them all the tenancy details and names and ask them if they have your deposit.

Louise Mac

12:57 PM, 9th July 2013
About 8 years ago

Reply to the comment left by "Mark" at "09/07/2013 - 11:26":
I live in the hull area

Louise Mac

13:02 PM, 9th July 2013
About 8 years ago

Reply to the comment left by "Industry Observer" at "09/07/2013 - 12:16":

Thanks for your advice. I have certificates from environmental health definitely 19th June and more alarmingly the engineer who has signed the documents DID NOT fit the new boiler. The engineer is a close friend of my landlords I only saw him once when he purchased new boiler another man came and fitted it I was there the whole time. He has falsified records also I'm in complete and utter despair

Industry Observer

13:19 PM, 9th July 2013
About 8 years ago

Louise

In that case you have the Law on your side and I would suggest you advise the Landlord to leave you alone unless he wants his world to cave in around him (and his engineer friend)

Bob G

16:02 PM, 9th July 2013
About 8 years ago

Reply to the comment left by "Louise" at "09/07/2013 - 10:57":

Continue to pay the rent. Do not leave the house on the NTQ date.

If he changes the locks, contact the police.

Let him take you to court for possession of the house.

When you get court papers, prepare your defence as to why you should not be evicted. ie,

He has not protected your deposit within 30 days, therefore his section 21 cannot be served until he returns the deposit.

Inform the court that you wish to claim 3 times the deposit as compensation for him breaking the law.

Inform the court that he did not do a safety check on the gas boiler, and that his mate falsified the documents.

You can do all this yourself in court, but write it all down before you go.

The judge will ask you why you should not be evicted, and state your evidence.

The judge will deal with it all after you say your piece.

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