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Help with letter - not leaving served section 21 6a

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Author Topic: Help with letter - not leaving served section 21 6a  (Read 156 times)
Newbie
Posts: 2

I like property

« on: April 16, 2022, 01:01:34 AM »

Hi,

Was wondering if anybody can help me write letter to estate agent who has send me a section 21 6a. It is not valid as I believe I have regulated tenancy.  Have lived in property since March 1987 although I cannot find my original tenancy. The house change hands 3 time, 2 time private sellers and the latest time a big company and they no longer wish house to be part of their portfolio. I have never been given any new tenancy agreement by any new landlords and can prove how long I living at the house. I believe they would have to sell house with a tenant in situ, we have no intention of leaving. House, gardens are well maintained, house need upgrading but well cared for, rent paid on time and have never sublet, I live with my 4 children.

If they are willing to sell to me, I hopefully can arrange the fund. I think price of a property with tenants in situ usually go for around 20% less than market value. But I think the seller got buyer willing to pay more because they think that I leave, don't have any intention to leave anytime in the future.

I am finding it very difficult to put together a letter worded well enough to explain myself and situation as my English is not so good. I hope it make sense.

Many Thanks
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« Reply #1 on: April 16, 2022, 09:32:13 AM »

It's possible you might have a Regulated Tenancy from way back then... ASTs were only introduced in 1998 I believe[d]. Section 21 validity is worth questioning via something simple and direct I would suggest. Something you can easily write up, as a form of assertion, without getting yourself into a complicated back-and-forth or worrying about proof from having original documents etc..

Dear Estate Agent,

My Tenancy, dating from March 1987, is a Regulated Tenancy - not an Assured Shorthold Tenancy (which was only introduced in 1998). Therefore the Section 21 notice you have issued to me doesn't apply and, therefore, isn't valid. Please would you check your records, as I am sure you will find there is no record of an Assured Shorthold Tenancy ever being created, and then revert back to me?


Then see what the response is to that... before you get into more complicated matters. 1) Make your assertion (without firm proof). 2) State the invalidity of the notice. 3) Gauge the response.

Don't do this immediately - others on this forum may have input, so wait a while and then send something.
Full Member
Posts: 174

Landlord - always learning

« Reply #2 on: April 16, 2022, 05:59:35 PM »

It's possible you might have a Regulated Tenancy from way back then... ASTs were only introduced in 1998 I believe[d]. Section 21 validity is worth questioning via something simple and direct I would suggest. Something you can easily write up, as a form of assertion, without getting yourself into a complicated back-and-forth or worrying about proof from having original documents etc..

Dear Estate Agent,

My Tenancy, dating from March 1987, is a Regulated Tenancy - not an Assured Shorthold Tenancy (which was only introduced in 1998). Therefore the Section 21 notice you have issued to me doesn't apply and, therefore, isn't valid. Please would you check your records, as I am sure you will find there is no record of an Assured Shorthold Tenancy ever being created, and then revert back to me?


Seems OK to me.

Except that I'd say "...and then reverted back to me?"

As Hippogriff says, wait a little longer to see whether there are any other suggestions.

Please feel free to post here the response you get from the agent.

Keep copies of all correspondence.



Newbie
Posts: 2

I like property

« Reply #3 on: April 16, 2022, 06:36:41 PM »

Thank you very much for your help and replies. I will hold off for a few week, they expect me to leave by June. I will update with new developments
Global Moderator
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« Reply #4 on: April 17, 2022, 05:23:52 PM »

Except that I'd say "...and then reverted back to me?"

But the sentence wouldn't make sense, then?  :-*

"and revert back?" might be simplest.
Full Member
Posts: 174

Landlord - always learning

« Reply #5 on: April 17, 2022, 07:27:20 PM »

Ah, I misunderstood what you were saying. You were using revert in the sense of 'reply'.

Probably easier if @flyguyhihi wrote:

"Please would you check your records, as I am sure you will find there is no record of an Assured Shorthold Tenancy ever being created, and then get back to me?"

or even:

"Please would you check your records, as I am sure you will find there is no record of an Assured Shorthold Tenancy ever being created?"

and leave it for the agent to decide what to do next.
Global Moderator
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« Reply #6 on: April 18, 2022, 08:29:30 AM »

Ah, I misunderstood what you were saying. You were using revert in the sense of 'reply'.

Yes, like pompous business types do.
Full Member
Posts: 174

Landlord - always learning

« Reply #7 on: April 18, 2022, 01:39:06 PM »

:)
Full Member
Posts: 174

Landlord - always learning

« Reply #8 on: April 18, 2022, 03:18:10 PM »

Hi,

Was wondering if anybody can help me write letter to estate agent who has send me a section 21 6a. It is not valid as I believe I have regulated tenancy.  Have lived in property since March 1987 although I cannot find my original tenancy. The house change hands 3 time, 2 time private sellers and the latest time a big company and they no longer wish house to be part of their portfolio. I have never been given any new tenancy agreement by any new landlords and can prove how long I living at the house. I believe they would have to sell house with a tenant in situ, we have no intention of leaving. House, gardens are well maintained, house need upgrading but well cared for, rent paid on time and have never sublet, I live with my 4 children.

If they are willing to sell to me, I hopefully can arrange the fund. I think price of a property with tenants in situ usually go for around 20% less than market value. But I think the seller got buyer willing to pay more because they think that I leave, don't have any intention to leave anytime in the future.

I am finding it very difficult to put together a letter worded well enough to explain myself and situation as my English is not so good. I hope it make sense.

@flyguyhihi, this post on the OpenRent forum is from you (under the username Kimbo990)?  1987... 4 children... regulated tenancy...   It seems to match

https://community.openrent.co.uk/t/tenants-in-situ-purchasing-property/32998/3

From later in that thread:

"By upper hand I meant as soon as the new landlords took over both told us that they wanted us out, the first one was under the impression that she could get us out within 30 days, ended up costing her almost 5k in solicitors fees, 6 months extra in rented accommodation and for it all to end up in our favour. So yes David you are correct it seems both were under the impression we had an AST."


So, you have been through this before - and won?

And have things moved on a bit from your original post in this Landlord Forum thread?

What help are you actually needing?

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