SMF - Just Installed!

Invalid Section 21 Notice?

Started by djchick16, June 01, 2018, 06:46:31 PM

Previous topic - Next topic

djchick16

Hi there :)

I don't know if anyone can help me but I'm hoping someone can. Me and my husband are in a very bad situation. Until yesterday we both worked for the same small company (I was dismissed yesterday but am taking legal advice for unfair dismissal) My husband is there but today the boss has done certain things that probably amount to unfair dismissal, however he is also our landlord. We have been renting one of his houses since April 2015 and signed an original AST which was for 6 months I think (We never received a copy) It then reverted to a periodical (although I recall signing a new AST 2 years ago when he wanted to remortgage the house) and we were paying the same rent until 2 months ago when he decided to increase it by 125 pounds a month. We were not given a section 13 and nothing was put in writing, we just started paying this amount. He has now informed us that he is giving us 3 months notice to leave I presume by section 21 but we haven't received this yet. Also we never paid a deposit, no inventory was done and the gas safety lapsed on the 10th May 2018. My question is will the section 21 be valid?

Thank you for any help

Hippogriff

The lack of an Inventory doesn't invalidate a Section 21. The lack of a Deposit certainly doesn't invalidate a Section 21. The Section 13 is not required if you've already agreed to the rent increase (by paying it). The small issue could be around the GSC - it has to be current and valid... however, it's a small thing to pin your hopes on. It can easily be rectified, regardless. Your Landlord has not served the Section 21 yet and could be waiting until the new GSC is in place. The good news is that you have 3 months. The Section 21 only requires at least 2 months.

If someone wants you out of their property, there is a school of thought that says you shouldn't want to be there... after all, you're giving them money every month. Better to put your efforts into finding a new home than fighting what some may say is inevitable. Even the most accident prone and stupid Landlord will get their documentation correct, in the end.

djchick16

We received the section 21 yesterday and have to move out by the 24th August.  He has also today put boards up and advertised the property on rightmove as being available at the end of August, possibly sooner.

Hippogriff

I am unsure if you're asking a follow-on question, I don't think you are?

Hippogriff

I refer you to what I said earlier:

Quote from: Hippogriff on June 01, 2018, 07:27:02 PMIf someone wants you out of their property, there is a school of thought that says you shouldn't want to be there... after all, you're giving them money every month. Better to put your efforts into finding a new home than fighting what some may say is inevitable.