Unfair Section 21 Notice – Tenants Cry for HELP!

by Readers Question

9:31 AM, 9th July 2013
About 6 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

HB Welcome

18:19 PM, 29th July 2013
About 6 years ago

@Mary,

The Global Property Guide is the best source I could find , it's not just about holiday lets but you might need to register.
I also saw a RICS European report that was very informative but frustratingly, I can't find it.

Try these links;

http://www.globalpropertyguide.com/Europe/Monaco/Landlord-and-Tenant

http://www.globalpropertyguide.com/Europe/Macedonia/Landlord-and-Tenant

http://www.globalpropertyguide.com/Europe/Czech-Republic/Landlord-and-Tenant

Although not exactly the same as our section 21 (as they don't revert to periodic tenancies), they are still very similar. At the end of the agreed term the tenancy automatically ends whether there is any fault by the tenant or not. There are many other countries with similar systems.

I can't find where Shelter says England is the only country in Europe that has a “no fault” eviction process, do you have a link?

Mary Latham

20:03 PM, 29th July 2013
About 6 years ago

Reply to the comment left by "HB Welcome" at "29/07/2013 - 18:19":

I haven't got a link but this is something that is often said by Shelter.

I realise that tenancies in other countries end at the end of the fixed term - when the contract ends - and in my opinion the UK should have the same law after all a contract end date is just that in any other business. Tenants have security of tenure because they are safe during the contract period and there is no option for a SPT, Their contract periods tend to be longer than in the UK which is another point that Shelter often make and what they are asking for constantly

What I meant by "no fault" only applies to the SPT of course and this is the time when UK tenants are vulnerable where they are not in other parts of Europe.

Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is herehttp://www.amazon.co.uk/dp/1484855337

HB Welcome

12:59 PM, 30th July 2013
About 6 years ago

@Mary,

Many of the countries mentioned (and others) allow for indefinite lease agreements from the very start of the tenancy often with less than 2 months notice required.

It may not be called a 'Statutory Periodic Tenancy' and the notice to end (if any) may not be called a 'section 21' but to all intents and purposes it is a "no fault" eviction process- here in Europe.

Any organisation claiming otherwise is incorrect.

I seem to remember Shelter trotting this out as well, but on searching, I can't find it.

The only statement I could find is this;

http://www.sheltercymru.org.uk/wp-content/uploads/2013/07/Making_Rights_Real_1.pdf

Retaliatory eviction laws overseas
We undertook a detailed review of retaliatory eviction statutes from other countries. Wales is not alone in the world for having a PRS characterised by flexibility, short-term tenancies and ‘no-fault’ evictions.

Although not exactly the same, it seems they concur.

Anthony Altman

18:14 PM, 30th July 2013
About 6 years ago

this discussion is academic
once shelters proposed retaliatory eviction proposals are incorporated into law every landlord in england will be out of business in 24 months
all property lettings will be controlled by 2 or 3 multinational corporations(the sort that can afford to employ politicians and their families as consultants on 6 figure salaries) and if tenants think they are getting a bad deal from private landlords once all lettings are controlled by a cartel of a few giant corporations trust me on this tenants will be spectacularly shafted beyond their wildest nightmares
but im just an old cynic dont listen to me

HB Welcome

7:12 AM, 31st July 2013
About 6 years ago

You might be right Anthony.

But if respected landlords like Mary have the ammunition to counter emotive falsehoods, there is a fighting chance of sense prevailing.

I reckon the next time someone tries telling her that England is the only country in Europe that has a “no fault” eviction process, she will be straight in with;

"What about Bulgaria, Monaco, Czech Republic, Macedonia (and the others!)... ??"

The best way to counter propaganda is with the truth.

Louise Mac

16:57 PM, 1st August 2013
About 6 years ago

Update .... Gas safety have been down today on the request of environmental health. So angry and upset as they found numerous faults on the installation of the boiler plus there is a major fault on boiler as my heating keeps coming on. All the paperwork is not in order at all and I had to identify the engineer whom fitted it as it was not the one on the certificates. Gas safety actually did some of the adjustments there and then as they would have had to shut my boiler down ... What a gentleman. I knew there was something dramatically wrong and I was right. What makes this so alarming is that this landlord knew how ill my daughter was and didn't even care. It's so immoral and wrong on all levels and it gives landlords whom don't use estate agents a bad name and to be honest I have now gone through a reputable estate agent I just cannot take any more risks. I hope the HSE punish this landlord and he never does it to anyone else. And finally a big big thank you to Mary whom without her support and encouragement I would have given up but she kept telling me I've done nothing wrong. Lets hope this landlord never has the chance to do this again. But ultimately he has won as I have had to move. Again Mary , my heartfelt thanks your support has been invaluable.

Mary Latham

17:08 PM, 1st August 2013
About 6 years ago

Reply to the comment left by "HB Welcome" at "31/07/2013 - 07:12":

And you would be correct. Thank you for telling me something that I really should have checked out long ago.

Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337

Mary Latham

17:15 PM, 1st August 2013
About 6 years ago

Reply to the comment left by "Louise Mac" at "01/08/2013 - 16:57":

Louise there is no need to thank me you are the strong one and you kept fighting when you had enough on your mind to make you give up.

You think that this landlord has won because you are leaving the property? He has lost a good tenant who pays the rent and takes care of the property. HSE will take legal action against him, the person who fitted the boiler and the engineer who provided the certificate without having inspected it - they will give the landlord hell. You told me today that not only had the landlord not protected your official deposit as he should have done he has also been holding an extra months rent throughout the tenancy - this too is part of the deposit and should have been protected. You may get up to 8 months rent back in compensation if you take action against him. And lets not forget that the local authority got HSE involved and they won't just let this go either.

All in all Louise your strength is going to cost this landlord a lot of money and hassle and he won't be endangering the lives of other tenants in a hurry. VERY well done and I really hope that you and your daughter enjoy living in your new home.

c Follow me on Twitter@landlordtweets

My book, where I warn about the storm clouds that are gathering for landlords is here >>> http://www.amazon.co.uk/dp/1484855337

Anthony Altman

11:50 AM, 4th August 2013
About 6 years ago

hi louise
glad you finaly got some resolution
and at the moment you still have a choice whom you rent from
unfortunately we all lose as this gives the hatemongers yet more propaganda to attack anyone who lets out property
the number of bad agents and landlords is less than 5% of the total but those with their own agenda try to fool the public in to believing its 95% I hope this time you have a reputable landlord and that you and your daughter will be very happy in your new home
to mary
you have discovered that shelter are being economical with the truth wow thats a suprise I bet thats never happened before

Terence Gladding

10:28 AM, 13th January 2016
About 3 years ago

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

we was flooded out of our rented house 7yrs landlord served us section21 got a solicitor re deposit it was never plced in right place all 7years was told no courts in this country woul not take all 7yrs the property was been repairedwhile we was homeless for 3 months because of this section 21 and the landlords lies we lost everything no insurence everything rent ect was fully paid up this has been haunting us forlast 2years im 74yrs old but kept this property spotless T

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