Unfair Section 21 Notice – Tenants Cry for HELP!

Unfair Section 21 Notice – Tenants Cry for HELP!

9:31 AM, 9th July 2013, About 8 years ago 82

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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

by Mark Alexander

16:09 PM, 9th July 2013, About 8 years ago

Reply to the comment left by "robert" at "09/07/2013 - 16:02":

Excellent summary of advice Robert, well done 🙂
.

by Puzzler

17:13 PM, 9th July 2013, About 8 years ago

Reply to the comment left by "Louise" at "09/07/2013 - 13:02":

I don't think the gas safety cert has to be issued by the fitter, and if they are they can take a while to come through, although it sounds as though he has something to hide.

Agree with all the comments on here but also with Adam, this is never going to be an easy relationship. Whatever happens you need either to move or get the relationship back somehow, which doesn't sound as though it will be possible. Could you try a third party to help mediate? Otherwise he will be constantly making your life difficult.

by Mark Crampton Smith

17:40 PM, 9th July 2013, About 8 years ago

Some great advice here...... We have come across counterfeit gas safety certification in the past. You can check if the engineer is registered here: http://www.gassaferegister.co.uk/help/check_a_business_or_engineer.aspx
If you have any doubts or concerns about the engineer or his carrying out the inspection, even if he is registered, you can raise this with Gas Safe and they will investigate. You can also ask them to moderate his work (which will give you some comfort at least if they find it to be safe). If you are certain that he did not inspect the boiler on the date of the certificate you should definitely report this to Gas Safe.

by David Griffith

18:40 PM, 9th July 2013, About 8 years ago

Louise,

Sounds like the landlord is a bit dodgy and the situation is causing you a lot of stress. I think the first decision you need to make is wether you want to stay in this property or not. Have a look on the internet to see if you could find another suitable property.

If you drcide you want to stay you will need to repair the relationship with the landlord and Puzzler gives some good advice. A boiler safety check will be around £50 if you want to be certain the boiler is ok, I know you shouldnt have to pay but weigh it up against the cost of moving.

It sounds as if the S21 notice is invalid but a failed court application by the landlord will not stop him getting you out it will only delay it.

If you decide to leave why not try and work with the landlord by saying you will try and find somewhere asap if he will be flexible with the leaving date and give you a good reference. You can still take action over the deposit failures after the tenancy has ended.

by Louise Mac

19:45 PM, 9th July 2013, About 8 years ago

Reply to the comment left by "David" at "09/07/2013 - 18:40":

Thanks for all your advice... They were all really helpful but I have to move ASAP due to me getting very disturbing emails today from a hotmail account which read "your every move is being watched and monitored I will know everything" end. I have a daughter to think about and this quite frankly has scared the hell out of me. Mine and my daughters safety is number one as she is so very poorly. I have informed police and they have told me to record every email!!! Yes the landlords bullying tactics have won I can not fight this any longer even though I have done absoutley nothing wrong except ask for my gas safety certificate and details of where my deposit is held. But many thanks for your advice

by Mark Alexander

20:00 PM, 9th July 2013, About 8 years ago

Reply to the comment left by "Louise" at "09/07/2013 - 19:45":

Fair enough if you have decided to move. There's plenty you can do after you're in your new home to seek compensation and revenge though. It's all in the comments above. Standing up to bullies isn't for everybody, we must respect your decision.

by Louise Mac

20:12 PM, 9th July 2013, About 8 years ago

Reply to the comment left by "Mark" at "09/07/2013 - 20:00":

Thanks mark but I really do not have any other option he is a bully and a rogue landlord but again my sincere thanks for all your help

by Michael Barnes

10:54 AM, 10th July 2013, About 8 years ago

I can understand why you have decided to get out.

Just take your time over choosing your next home, don't just take something because it is available. If that means staying beyond the S21 date, then let it happen; just remember to pay the rent, to stay on the right side of the law.

I would suggest that you still pursue the deposit issue if you do not receive full deposit when you vacate.
a) find a local solicitor: they will give a free consultation and advise if you should continue, and take the case to court.
b) you could go to court without a solicitor: judges are very sympathetic to unrepresented tenants and not very sympathetic to represented landlords (in my experience), and you will be treated well by the courts.

I would also suggest that you pursue the boiler issue with the TRO, not to be vindictive, but to protect his next victim (sorry, tenant); it could save a life.

by Shakeel Ahmad

9:44 AM, 11th July 2013, About 8 years ago

My understanding is that the landlord can register the deposit and re issue section 21. This may give Louise few extra months but the inevitable cannot be deferred for ever.

While I sympathise with Louise's circumstances. She had signed a contract for a period & this contract was not under duress. Other issues are red herrings.

He may have to pay the fine/penalty etc. This may delay the surrender The bottem line

by Mark Alexander

9:48 AM, 11th July 2013, About 8 years ago

Reply to the comment left by "shakeel ahmad" at "11/07/2013 - 09:44":

The ONLY way this landlord can issue a section 21, assuming he did not protect and serve prescribed information within 30 days, is to refund the deposit. This will NOT protect him from being fined up to three times the deposit though.


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