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Section 21

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Author Topic: Section 21  (Read 223 times)

Steven

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« on: February 08, 2022, 04:08:03 PM »
My landlord served a section 21 with the leave by date being just before xmas.   before the leaving date he then informed us that he would extend the leaving date to Feb 11th as a good will gesture.   My question is,  can he legally do this & extend the date without issuing a NEW section 21?

heavykarma

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« Reply #1 on: February 08, 2022, 04:24:47 PM »
It may have been goodwill,or because the end of the year is a difficult time for re-letting. Presumably you have paid rent up until the new date of 11th.Feb?  Whichever, are you ready to move out or are you trying to play for extra time? 

KTC

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« Reply #2 on: February 08, 2022, 04:38:59 PM »
Section 21 doesn't end the tenancy. It's up to you whether you want to fight the landlord or come to some reasonable agreement on a leave date that suit the both of you.

Hippogriff

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« Reply #3 on: February 08, 2022, 04:51:17 PM »
Quote from: Steven on February 08, 2022, 04:08:03 PM
...can he legally do this & extend the date without issuing a NEW section 21?

The Section 21 notice you received will have had a date on it.

Along with that date will very likely have been the word "after".

There's your clue. You are in receipt of a genuine goodwill gesture... and, ideally, you need to be preparing to move out. The 11th February is only 3 days away and you're on here asking about legalities. So I guess that you are now contemplating asking for another goodwill gesture, or maybe commencing a few shenanigans? Either way I'd probably open up a discussion with the Landlord. Usually best for all parties.

Steven

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« Reply #4 on: February 09, 2022, 12:09:12 AM »
First of all, thank you for all your replies!   The landlord is selling up, my partner & I are keeping up the rent payments.  We have both been trying to contact him & he has stopped replying.   It's a long story but I just want to know if a landlord can extend to what ever date they choose without having to serve a new section 21 basically?   There is a lot more I could mention but to cut a long story short,  my partner & myself are getting closer to retirement age & finances aren't in favour of moving right now.  I have had to isolate extensively during covid as I'm registered clinically extremely vulnerable, disabled type 2 diabetic with vertigo & I have leukemia. 
The landlord assured that we would not have to move as he would only sell to an investor yet it became obvious people were coming to view to move in by the questions I was asked by them & the estate agents.   I emailed the landlord with an extensive list of a dozen repairs that need attention i.e ...non-functioning radiators,  faulty W.C. mechanism,  no hot tap in bathroom, perished shower fixing, faulty front door,  faulty back door,  faulty window lock that I have had to stick closed with gaffer tape, rising damp & many months ago he removed the fire- extinguishers & has never replaced them.
   He asked me to send him a photograph of the bathroom light bulb (which proves nothing!) before he would eventually agree to coming to replace it himself.   His partner told him he should just get a tradesman to mend it & a faulty light switch but he would rather do a bodge d.i.y. job than spend a penny more than he has to.   Although he of retirement age himself & initially we got along as he seemed laid back, he has clearly lied to us about the sale situation rather than being straight up front with us & on the level.    My partner who is not in the best of health, increased her part time hours to the limit only to find we were worse off financially with universal credit.   Covid was no more my fault than the rest of my accumulated health conditions over the last 3 years.  I have been doing all I can with the authorities, organisations & anything I can find on the web.  Shelter, C.A.B. you name it.   So if anyone can just give me one answer please! to the question :-  Is the section 21 still valid as it was dated to leave by Dec 11th ?   

KTC

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« Reply #5 on: February 09, 2022, 08:43:33 AM »
Quote from: Steven on February 09, 2022, 12:09:12 AM
So if anyone can just give me one answer please! to the question :-  Is the section 21 still valid as it was dated to leave by Dec 11th ?   

Assuming the notice was valid in the first place, then it would had been valid to allow the landlord to bring a possession claim in the court for about 4 months after its dated expiry, so until around Apr 11. The notice itself cannot be "extended", so in reality it's probably to be interpreted as the landlord telling you he is not going to bring such a possession claim in court until at least Feb 11. Whether that promise has any meaning and what happens if it's broken I have no idea.
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