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Tenants - Know Your Rights


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#46 Damocles

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Posted 19 November 2009 - 11:38 AM

Simply entering into negotiations for a new tenancy cannot invalidate a section 21 notice.

If the notice was validly served, then no further notice needs to be given. Of course the landlord needs a court order to get possession if you stay on.

The notice will be invalid if served before the tenancy began. The tenancy began the day you took up occupation.

#47 Jie Bie

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Posted 19 November 2009 - 12:28 PM

Simply entering into negotiations for a new tenancy cannot invalidate a section 21 notice.

Yep, reading through the SoD thread seemed to confirm that. However I still plan on writing to my LL/LA in January to find out his intentions as I think its probably a good idea. If he were to confirm to me in writing that he had no intention of taking possession and was happy to go onto periodic would that protect me?

If the notice was validly served, then no further notice needs to be given. Of course the landlord needs a court order to get possession if you stay on.

Does this mean I am allowed to refuse to vacate until the LL/LA has a court order? In this case do I need to continue to pay rent? Does the LL/LA need to advise me if they are applying for a court order?

The notice will be invalid if served before the tenancy began. The tenancy began the day you took up occupation.

It was issued to me and my flatmate on the day we got the keys along with the lease. Our LA were very clever about getting us to look at it nearly last after we had read through pages of paperwork. For some reason the wording didn't seem to imply what an S21 means (that the LL/LA can take possession at the end of the AST). Will look it out when I get home later on.

#48 Damocles

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Posted 19 November 2009 - 04:38 PM

If he were to confirm to me in writing that he had no intention of taking possession and was happy to go onto periodic would that protect me?


I do not think so. The Act is clear. If the conditions set out are met, the court must award possession

Does this mean I am allowed to refuse to vacate until the LL/LA has a court order?


Yes.

In this case do I need to continue to pay rent?


Yes.

Does the LL/LA need to advise me if they are applying for a court order?


Obviously you have to be given notice of the proceedings.

It was issued to me and my flatmate on the day we got the keys along with the lease.


If it was issued before you went into the property it is invalid. However, if you went in on the day of the notice you may have a problem, since the court may assume that everything was done in the right order to make the notice effective.

#49 Jie Bie

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Posted 20 November 2009 - 09:17 AM

Many thanks for your replies Damocles. One final question though. Lets assume that the LL/LA allow the AST to turn periodic and me and my flatmate continue paying the rent on time every month. The fact that the S21 remains valid means that the LL/LA can, at the drop of a hat, notify us he will be applying for a court order for possession, and there is nothing we can do about it?

Of course I have a feeling I already know your answer, thats why its called the "Sword of Damocles"!

#50 Damocles

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Posted 21 November 2009 - 10:09 AM

Many thanks for your replies Damocles. One final question though. Lets assume that the LL/LA allow the AST to turn periodic and me and my flatmate continue paying the rent on time every month. The fact that the S21 remains valid means that the LL/LA can, at the drop of a hat, notify us he will be applying for a court order for possession, and there is nothing we can do about it?

Of course I have a feeling I already know your answer, thats why its called the "Sword of Damocles"!


Correct, except that the landlord does not need to notify you that he will be applying for a court order; he can just do it. Of course you will get notice that proceedings have been started.

#51 notbryanryan

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Posted 13 January 2010 - 03:59 PM

The Tenant's Survival Guide is well worth a read (can be read in its entirety for free online) :)

#52 Lisa12

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Posted 15 March 2010 - 05:18 AM

of all my searching this is the best place to go to find info on rights and responsibilities of tenants and landlords:

The Citizens Advice Bureau AdviceSite

It doesn't really say any more than can be found elsewhere, but its all in one place and is reasonably easy to understand....you might be surprised to find out what is your responsability as well as what is your landlords!

Its a MUST for any tenant

Also here is a great source of first contact for when you have a problem

Shelter Housing Advice

hey thanks for awaring people gud job keep it up:)

#53 Jie Bie

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Posted 26 March 2010 - 03:29 PM

Correct, except that the landlord does not need to notify you that he will be applying for a court order; he can just do it. Of course you will get notice that proceedings have been started.

Just thought I'd post an update to this thread that the six months of our tenancy came and passed and nothing happened, other than us getting sent a new six month lease in the post to sign and send back.

No renewal fees, no rent increases, and no new SoD notice either. Not sure if that means the original one is invalid now.

Edited by Jie Bie, 26 March 2010 - 03:30 PM.


#54 tim123

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Posted 27 March 2010 - 12:39 PM

Just thought I'd post an update to this thread that the six months of our tenancy came and passed and nothing happened, other than us getting sent a new six month lease in the post to sign and send back.

No renewal fees, no rent increases, and no new SoD notice either. Not sure if that means the original one is invalid now.



It does, yes

tim

#55 Rentergirl

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Posted 29 January 2012 - 08:33 PM

Don't forget your local council Tenancy Relations Officer. They can help (they help landlords as well.) And legal for these things are going, so try for pro bono solicitors. Nothing to do with U2. Thank god for that.

#56 SavingBear

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Posted 23 May 2012 - 10:37 PM

The Tenant's Survival Guide is well worth a read (can be read in its entirety for free online) :)



LInky fails, anyone got a good link for said free read??

#57 BarnetBear

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Posted 24 May 2012 - 07:19 PM

LInky fails, anyone got a good link for said free read??


Just reformatted the link a little:

The Tenant's Survival Guide

#58 SavingBear

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Posted 27 May 2012 - 03:35 PM

Just reformatted the link a little:

The Tenant's Survival Guide



Thankyou :)

#59 Lepista

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Posted 25 July 2012 - 08:07 PM

Just answering another thread, and found this interesting document on deposits, depreciation, betterment, and the like.

http://www.peachener... & Deposits.pdf
---------------------------------------------------------------------------------------------------------------------

Nothing sedates rationality like large doses of effortless money. After a heady experience of that kind, normally sensible behaviour drift into behaviour akin to that of Cinderella at the ball. They know that overstaying the festivities...will eventually bring on pumpkins and mice. But they nevertheless hate to miss a single minute of what is a helluva party. Therefore, the giddy participants all plan to leave just seconds before midnight. There's a problem, though: They are dancing in a room in which the clocks have no hands."

My favorite post ever:
By Ruffles the Guinea Pig




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