[Jie Bie]

I added this post onto the SoD thread but nobody seems to be checking that one. Anyone got any advice?

Jie Bie, on 06 November 2009 - 12:05 PM, said:

I now realise that me and my flatmate were issued with an S21 when moving into our flat! The lease is up in early march, however we're quite happy to stay on until Q3/4 2010.

Now on the early pages of this thread it seems to be the opinion that once you enter into written negotiation with the LA or LL regarding a new lease the S21 becomes invalid, however later pages disagree with this. Can anyone tell me how I can get the S21 notice invalidated?

I'd prefer to go onto periodic, however I am guessing that the LA will want us to sign a new lease so they can get some more fees from the LL. Also I'm in Scotland so I'm not sure if the law is different up here in terms of S21s.

Also, if I am unable to invalidate the S21 does this mean that after March my LL/LA is able to ask us to leave with no notice if we have not signed a new lease?

[Damocles]

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.

[Jie Bie]

Damocles, on 19 November 2009 - 11:38 AM, said:

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?

Damocles, on 19 November 2009 - 11:38 AM, said:

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?

Damocles, on 19 November 2009 - 11:38 AM, said:

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.

[Damocles]

Jie Bie, on 19 November 2009 - 12:28 PM, said:

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

Jie Bie, on 19 November 2009 - 12:28 PM, said:

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

Yes.

Jie Bie, on 19 November 2009 - 12:28 PM, said:

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

Yes.

Jie Bie, on 19 November 2009 - 12:28 PM, said:

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.

Jie Bie, on 19 November 2009 - 12:28 PM, said:

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.

[Jie Bie]

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"!

[Damocles]

Jie Bie, on 20 November 2009 - 09:17 AM, said:

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.

[notbryanryan]

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

[Lisa12]

Topher Bear, on 18 February 2005 - 12:21 AM, said:

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:)

[Jie Bie]

Damocles, on 21 November 2009 - 10:09 AM, said:

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.

This post has been edited by Jie Bie: 26 March 2010 - 03:30 PM

[tim123]

Jie Bie, on 26 March 2010 - 03:29 PM, said:

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

[Rentergirl]

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.

[SavingBear]

notbryanryan, on 13 January 2010 - 03:59 PM, said:

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??

[BarnetBear]

SavingBear, on 23 May 2012 - 10:37 PM, said:

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

Just reformatted the link a little:

The Tenant's Survival Guide

[SavingBear]

BarnetBear, on 24 May 2012 - 07:19 PM, said:

Just reformatted the link a little:

The Tenant's Survival Guide

Thankyou

[Lepista]

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

http://www.peachener...%20Deposits.pdf