Advice On A Section 21 With a Twist ??

[The_Debt_Man]

Hi guys

 

I'm going to try and get some legal advice on this but from passed experience you guys seem to be more help.....lol

 

I've been renting a property for almost 2 years, Before moving in i made sure that it was going to be long term as i have two small children and the landlords said i could be here for 10 years if i wanted as he had no plans to ever sell it, but he wanted to start up off with a 2 year tenancy to make sure that we would be good tenants.

 

A year on and i get a phone call from him saying that he want to sell it to a friend of his but the friend would be willing to keep us on as we are such good tenants.

 

For the last 9 months we have had multiple surveyors coming around to value the property for his friend but they all say the property is unmortgageable because the property needs so much work doing to it.

 

The landlord has now said that his friend has given up trying to buy it but now he wants us out so he can move back in.

 

For the last month or so he has just been telling me that he's in no rush but for me to just keep a look out for somewhere else.

 

But today he called me saying that I'm taking too long and that i should be expecting a section 21 in the post soon as its already been sent.

 

 

Now i need to know what i can do when i receive it as i don't think I'm going to have time to find anywhere else to move in to in time.

 

There is a few things he hasn't done.

 

1. He is not licenced (I'm in a licenced borough)

 

2. He never put my deposit in a rent deposit scheme.

 

3. The only check that's ever been done on the property is a gas safety check, the electrics have never been done.

 

4. general condition of the property is bad, hence why its unmortgageable.

 

I know some of you will say that he cant use a section 21 without using the deposit scheme but he thinks he has found a loophole as while i was waiting for his friend to buy the property, he told me to not pay him a months rent so that i would go from paying him in advance to then paying him in arrears, as it would make things easier when his friend bought it as he would then just need to give his friend my deposit.

 

But now he is classing that money as my deposit and saying he can issue me the section 21 as he has returned my deposit when he told me not to pay a month rent.

 

 

Any advice would be really helpful guys as its not just me I'm worried about but also my family .

[mariner51]

LL sounds a right charmer, he can't just conjure a deposit out of thin air. Even if he claimed you paid deposit 1 year late, he would still have to provide full PI within 30 days of alleged payment and deposit amount should be mentioned in AST. If he is claiming deposit returned, I assume he cannot provide any signed receipt? NICEEC electrical inspection is not required for residential property, unless HMO.

If property is in the condition you imply, I would suggest it is not suitable fro 2 young children.

Valid s21 won't be heard for 12-15 weeks, repo order after say 18 weeks, double that if Judge determines s21 not valid, so min 4 months to save for and find alternative accom. or wait for s21 and approach Council for re-housing.

[Steve__M]

You should get your local housing department around. If they issue an improvement notice then I understand it will prevent landlord issuing any *new* Section 21 (if you manage to convince him that the current one is void). I understand the law was changed recently to prevent "revenge evictions" where people are evicted after getting the council involved.

 

Alternatively, if you have no time now, you could always suggest to landlord a future date when you will be out by. You might be able to agree a flexible deal where he agrees that you can move out with a couple of weeks' notice.