UK Landlord Forum / Life

Hi,

I have lived in my property continually since1986 and my wife came to join me on marriage. Earlier this year, my landlord asked me to sign a new shorthold tenancy which my wife and I did. I have been issued with a Section 21 notice in May with a vacating date of 31st July.

Various friends have told me that the new tenancy agreement is classed as an "unfair document" and therefore, invalid, making the Section 21 notice also invalid and my wife and I are still Protected Tenants.

We desperately want to stay in our accommodation and the landlord has no other grounds to get us out, ie; rent always paid on time and we have kept the property immaculate.

I work and am informed by Shelter that I am over their "threshold" but we cannot afford legal advice.

Can anyone help with this matter?

Many thanks,

Terry

Have you had your deposit protection certificate, etc. when you signed your new lease? What does it say in the break clause?

From my understanding, the landlord doesn't need to furnish you with a reason to issue you a Section 21 notice, but that doesn't stop you form asking why they want to take possession as it might have nothing to do with you, and instead they might want to sell or something else...

Hi

The landlord conned you into signing a new AST, it's not an unfair document at all, and neither is the Section 21 notice. Prior to signing you were a Regulated tenant, I assume because you state that you lived there since before Feb 1989. Your tenancy was cast iron, now its wet tissue paper.

Posted for the benefit of others.

Quote from: Terry on June 25, 2014, 02:15:36 PMWe desperately want to stay in our accommodation and the landlord has no other grounds to get us out, ie; rent always paid on time and we have kept the property immaculate.

Terry, the beauty (if that's the right word to use) about the Section 21 process is that the Landlord need have no grounds at all for issuing it and evicting Tenants. A Section 21 leads to a guaranteed eviction - eventually - and it's as simple as that; it need not be justified by the Landlord at all - to anyone.

So, if the Section 21 is valid then you will, eventually, be evicted. You do not necessarily have to leave on the date that is specified on the Section 21... the Section 21 allows the Landlord to commence proceedings after it has expired.

That will be your key question - is the Section 21 valid? Even if it is invalid as is, the Landlord can re-issue it to ensure it is valid.

If you have a signed AST and everything has been done properly regarding any deposit taken (there might not be one in this case) then it is likely the Section 21 will be valid. So the next key question for you is about your AST itself.

If it matters to you enough, you may need to bite the bullet and pay for some professional legal advice regarding the AST you were asked to, and did, sign.

The alternative is to start looking for someone else to live (which will surely carry its own costs).