Section 21 Advice

Resident

Resident

Resident

Soldato
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My neighbour has just been round and asked my opinion and I'm not sure myself so I'm asking you guys.

He's been issued with a Sect 21 notice to leave the property. I've read it and as far as I can see there are fundamental errors.

Landlord claims that the original notice was served back in January (12th), he and his Mrs haven't seen it

There are 2 tenants, him and his Mrs, both are on the agreement but they aren't married so different surnames. The notice states Mr & Mrs His-surname.

The address is incorrect, only minor as the postcode is wrong but still an error

Form 6A was not used and legally required since 01/10/2015 according to Gov site.

If the notice WAS served on 12/01/2019 then it is within 4 months of the original contract start date (31/10/2019), again GOV site states this cannot be done.

Am I correct in thinking that there any of these errors would invalidate the notice?

They both want out of the property anyway due to his behaviour, letting himself in whenever he felt like it, sending abusive emails, verbally being abusive & on one occasion tried to assault the tenant when he refused to let him in, again on an unannounced visit (police called and landlord arrested)
 
Doesn't sound like it is valid - but if they want to leave too then why does it matter, just leave right?

If they do want to stay for longer then it sounds like they could challenge it and make life more difficult for the landlord, force him to take action to evict them etc.. I'd certainly have changed the locks if the landlord was popping round when he felt like it and there was an incident involving the police.

Shelter and CAB are the places to go for advice on this stuff.
 
Sounds like the landlord doesn't know what he's doing.
First thing i'd do is check that the deposit is properly done in a registered scheme and make a claim if not.
 
touch said:
Sounds like the landlord doesn't know what he's doing.
First thing i'd do is check that the deposit is properly done in a registered scheme and make a claim if not.
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THIS!

If the landlord hasn't conformed exactly with the Deposit regulations he is in deep brown stuff!
 
Not sure I'd want to stay if the landlord isn't happy he can make life miserable. I'd check with CAB in the short term.
Andi.
 
dowie said:
Doesn't sound like it is valid - but if they want to leave too then why does it matter, just leave right?

If they do want to stay for longer then it sounds like they could challenge it and make life more difficult for the landlord, force him to take action to evict them etc.. I'd certainly have changed the locks if the landlord was popping round when he felt like it and there was an incident involving the police.

Shelter and CAB are the places to go for advice on this stuff.
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At the moment they're pretty cash-strapped, we've even helped them out with food shopping etc. Leaving voluntarily means the local authority won't step in & they cannot afford a deposit for a private rent option.

My neighbour also is a fairly proud person and doesn't like being bullied so wants to put up a fight, he also doesn't like the idea that if not challenged, the landlord will just continue to do it to others and that weighs on his conscience.

touch said:
Sounds like the landlord doesn't know what he's doing.
First thing i'd do is check that the deposit is properly done in a registered scheme and make a claim if not.
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There was no deposit paid. As far as I understand the landlord was desperate to get people in as the property stood empty for 11 months so accepted references instead of a deposit.

andicole0 said:
Not sure I'd want to stay if the landlord isn't happy he can make life miserable. I'd check with CAB in the short term.
Andi.
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See above.
 
stockhausen said:
You mean they want to be made homeless so that the Council put them up then? Frankly I can't see quite why they care about the Landlord's obnoxious behaviour.
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They wanted to live a peaceful existing in a good home. They pay the rent on-time and there's no good reason for the landlord to behave in the manner he has. Unfortunately circumstances mean they cannot just upsticks and find another place.

I get the feeling they know they're gonna have to go but are stuck between a rock and a hard place financially and need a helping hand from the council, of which won't act until the very end. I assume from today that because this Sec 21 is invalid the council won't act because legally they've still got tenancy and haven't been given correct notice to leave, making them homeless.

It's difficult to say as it's not my situation. Personally in their shoes I do EVERYTHING to stick it back to the landlord under the circumstances.
 
Resident said:
They wanted to live a peaceful existing in a good home. They pay the rent on-time and there's no good reason for the landlord to behave in the manner he has. . . .
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It is always possible that this particular Landlord is on the extreme end of deranged. However, I suspect that he has his reasons (quite possibly financial) for wanting them out. Tough but true. Private Landlords are typically in the business only to make a large and secure profit.

Resident said:
. . .
I get the feeling they know they're gonna have to go but are stuck between a rock and a hard place financially and need a helping hand from the council, of which won't act until the very end. I assume from today that because this Sec 21 is invalid the council won't act because legally they've still got tenancy and haven't been given correct notice to leave, making them homeless. . . .
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Councils should never have been encouraged to sell off Council property for a quick buck without replacing it.

Resident said:
. . . Personally in their shoes I do EVERYTHING to stick it back to the landlord under the circumstances.
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Sad but again, true; antagonism from tenants towards Landlords and persistent unreasonable demands by both parties has become the norm today :(

"sticking it back to the landlord" is probably not the right or a constructive way to go.
 
Why don't they speak to the council and say they've received a section 21 notice. There's no need for them to say to the council they think it's invalid. If the council are happy to proceed then they're getting the result they want, if the council say it's invalid then they can take that back to the landlord?
 
Get the tenants to let the landlord know he has made a few mistake which he can rectify - let him know they need the Sec21 to get the council to help so if it can all be done amicably then they would be gone when the dates come round
 
jimjamuk said:
Get the tenants to let the landlord know he has made a few mistake which he can rectify - let him know they need the Sec21 to get the council to help so if it can all be done amicably then they would be gone when the dates come round
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did you read the thread, i doubt the landlord is doing anything amicably. he sounds like a proper knobjockey.
 
Thekwango said:
did you read the thread, i doubt the landlord is doing anything amicably. he sounds like a proper knobjockey.
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did you read my reply - if they went to him and said yeah we will be gone on the day but tidy up the paperwork please as we need it he might have a realise he will get his way by being nice or at least amicable.

This isnt GD......
 
Thekwango said:
did you read the thread, i doubt the landlord is doing anything amicably. he sounds like a proper knobjockey.
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When the options are "Tidy up the paperwork so we can both get what we want" or "Stick it, you can start the lengthy and expensive process of having us evicted" then even the most deranged of idiots will probably take the free option.
 
jimjamuk said:
did you read my reply - if they went to him and said yeah we will be gone on the day but tidy up the paperwork please as we need it he might have a realise he will get his way by being nice or at least amicable.

This isnt GD......
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quite right you are, my reply was not intended to sound dickish, twas meant as a joke to highlight how big a plumb the landlord was being.....however on re-reading it does indeed hint at dickish....my apologies!
tom_e said:
When the options are "Tidy up the paperwork so we can both get what we want" or "Stick it, you can start the lengthy and expensive process of having us evicted" then even the most deranged of idiots will probably take the free option.
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as above really.

that said, i like your positive mindset. my own experiences, however, have always been less positive....when someones prepared to be a dick to point you need to call the police and have them arrested i don't expect to see them to show a touch of common sense even if it means them 'winning'
 
As an update:

Neighbour had an appointment today with Housing team. Immediately said the Sec 21 is invalid and asked about paperwork supplied at the start of the tenancy. Apparently the LL only gave them a Gas-Safe and failed to provide EPC/How to Rent and another document I've forgotten the name of.

Given the nature of the LL's behaviour the Council are looking to pursue the missing documents as they're legally required. It's also transpired that the invalid Sec 21 was issued after the tenant told the LL to stop turning up on the doorstep unannounced and has let himself into the property on more that one occasion whilst they were out. Apparently this would be grounds to dismiss any request in court for possession.
 
Thanks for the good update! Good to see people that need help get the right kind of support both from friends and the organisations put in place to do exactly that.

Despite that though, and as tough as your neighbour wants to appear, having an uncertain future and someone that's practically "after" you can be quite a burden. It sounds like you're being a fantastic neighbour so I just want to encourage you to keep that up and keep in mind that even with all the positive steps they're making it's still a difficult process for them.

Best of luck!
 
RoyMi6 said:
Thanks for the good update! Good to see people that need help get the right kind of support both from friends and the organisations put in place to do exactly that.

Despite that though, and as tough as your neighbour wants to appear, having an uncertain future and someone that's practically "after" you can be quite a burden. It sounds like you're being a fantastic neighbour so I just want to encourage you to keep that up and keep in mind that even with all the positive steps they're making it's still a difficult process for them.

Best of luck!
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It is good. My experience with councils has always been less than stellar so it good to see a change.

The house I'm in now is the one I grew up in, I moved back in after my mother moved out as a big 4 bed was too much for her on her own.
So I've known my immediate neighbours for a couple of decades.
Our street has a great sense of community (well there are a couple of houses that don't partake) so we look out for each other.
 
Thekwango said:
quite right you are, my reply was not intended to sound dickish, twas meant as a joke to highlight how big a plumb the landlord was being.....however on re-reading it does indeed hint at dickish....my apologies!
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Hey no problem, I reread your post and can see how you might have wanted it to sound (and i do agree he does sound like a prize *****)
 
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