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Is section 21 valid

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Author Topic: Is section 21 valid  (Read 191 times)
Newbie
Posts: 4

I like property

« on: June 24, 2022, 04:13:44 PM »

hello

I wondered if someone could give me a little advice, as i cant find much help around,

I have lived in rented property for some 8-years, it has been AST of 6-months, where every 6-months I go into the agency and sign a new contract, it doesnt say renew on it or make any references to other contracts such as the original,

Anyway in April I went in and signed a new one as usual this time was 12-months, a few weeks later they called me up and said landlord decided he wants to do some repairs and I had 2-months to leave, so they saying after August 14th basically issued a section 21 July 14th,

Now I know the notice is invalid on other factors: they never provided me all those documents they need to provide for example,

But is the notice valid as i am in a new fixed-term for 12-months, can they just decide issue that? From my understanding if you are in a fixed-term it cant be ended, unless it has a break clause, this contract and the original have no break clause for Landlord. there is one for me saying I need to provide 1-months notice in line with rent payment date

I think it is illegal notice basically trying to con/bully me into thinking i must leave home in August and I dont think legally this is the case,

Would I be able to pursue legal action against the agency regarding this?

Please can somebody advise me as it is so difficult to get advice,

Thanks in advance
Hero Member
Posts: 741

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« Reply #1 on: June 24, 2022, 06:12:14 PM »

But is the notice valid as i am in a new fixed-term for 12-months

No.

can they just decide issue that?

They can send you whatever they want. Doesn't mean it's valid or has any legal effect.

Would I be able to pursue legal action against the agency regarding this?

No.
Newbie
Posts: 4

I like property

« Reply #2 on: June 24, 2022, 07:35:04 PM »

Thanks I thought it couldnt be right,

But when you say I have no legal recourse, why is that?

They have essentially tried to make me believe I need to leave when legally it is not correct, surely that cannot be legal. it has also caused allot of worry and stress,

Basically it seems they can send these notices out like sweets with little or no fear of recourse; I would have to wait until they decided to go to court before I had any recourse?
« Last Edit: June 24, 2022, 07:36:37 PM by tomjones »
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Hero Member
Posts: 4503

Abuse Officer

« Reply #3 on: June 25, 2022, 07:40:06 AM »

Why would you get any recourse then, even? All that would happen is the Court would decide the Notice is invalid. There is no "compo".

Your question is also a weird one... "I know it's invalid... " and "...but is it valid?"

You have your answer, from your own research, and also from here... a canny Tenant would probably not advise the Agency their Notice is invalid... let the clock continue ticking. Let them waste their own time, even reaching the point of Court, if you like... each time it gets booted out resets the clock and causes them more hassle and frustration. From what you say, they could attempt numerous times... but - more likely - they are trying it on with you to see what you know. Best of luck.
Newbie
Posts: 4

I like property

« Reply #4 on: June 25, 2022, 02:03:11 PM »

thanks for response

yeah what i meant was i know it invalid on the basic grounds but the main question i guess was: was it valid in the context, assuming all other things are valid, with it being a new 12-month fixed term contract,

I haven't said anything currently other than I intend to check my rights etc

I dont really understand how there would be no path available to raise my own legal action when a notice is served on  me making me think i need to leave my home in 2-months when i dont, it has caused allot of stress,

basically i am just to sit taking anything they throw at me, legal or not, and cant hit back with anything?
Full Member
Posts: 115

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« Reply #5 on: July 12, 2022, 06:12:40 PM »

I dont really understand how there would be no path available to raise my own legal action when a notice is served on  me making me think i need to leave my home in 2-months when i dont, it has caused allot of stress...basically i am just to sit taking anything they throw at me, legal or not, and cant hit back with anything?
Absent an actual breach of an agreement or a crime, there are two routes to make a claim against someone*.
One is for breach of contract - someone's agreed to do something and hasn't done it (or agreed not to do something and has done it).
As far as I can see, you have no agreement with the agent, so they can't be in breach of it and claim compensation.
Your agreement with the landlord probably doesn't cover this.

There are claims in Tort, where someone does you a wrong, causes you a reasonably forseeable loss and you can claim compensation on the basis that they shouldn't have done that wrong.
But the agent didn't do you the wrong, they simply did what the landlord told them to do (presumably), which they're obliged to do.
And the landlord simply made a mistake, sending you an invalid notice.
You could probably argue that that caused you some stress that it shouldn't have done - but probably not more than if the notice had been valid (and the landlord is allowed to send you valid notice). And the landlord didn't send you an invalid notice to cause you stress, he sent you the notice to get you to leave - which is stressful.

What you can do is sit there with the invalid notice and not tell anyone.

*Obviously anyone can make any kind of legal claim against someone else - it just won't go very far.
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Abuse Officer

« Reply #6 on: July 13, 2022, 02:06:15 PM »

What you can do is sit there with the invalid notice and not tell anyone.

Which could easily be a cool way of hitting back.

They might even attempt to conduct viewings and suchlike... blissfully unaware.

A but of a rum deal for the people who're interested... but would end up causing stress for the Agent and Landlord.

Unless someone is on the flagrant look-out for 'compo' then this should be reward enough I would think.
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