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Housing - Section 21 Notice and Repair


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Firstly, Im a full-time Master student who currently in a dissertation period.

 

The whole thing is about the tenancy I singed with a letting agent is coming to an end by 25th August 2012.

I intended to have a rolling contract after the Assured Shorthold Tenancy Agreement with a 12 month fixed term. But I havent receive any information from the agency or the landlord so I emailed them first on 6th July, and the agency reply me on 9th July that I can't stay after the contract ends because the landlord decided to rent it to someone else. I was asking them why I'm the last person to know and they even didnt contact me before they re-marketing the flat on Rightmove.com on 5th July 2012.

 

I emailed them about my difficult situation that I'm doing the dissertation and its almost impossible for me to find a new 5month contract flat and arrange a move before the dissertation deadline next month. I dont know if they actually inform that to the landlord. And My visa is running out on the end of Jan 2013 which means If I move out on 25th August 2012 I might not be able to find a new flat which allow 5 month contract.

 

And as I feel intense about the short notice to move out and I emailed them to have a explanation and possibly arrange something to sort out the situation. They explained that they did attempt to call me but cannot contact me at the beginning of July. Firstly, I usually use email to contact them with same email address which written in the information form. Secondly, I checked my phone record, there isn't any missed call or voice mail from the number they said they were calling from. I asked them to provide a phone record but they ignored my request.

 

I started to thinking aren't they gunna say nothing to me if I didnt email them first. Because normally the landlord or agent will contact me about the rolling contract or any change as my previous experience. Then I found the information about the landlord should provide the Section 21 Notice of Housing Act 1988 with a minimum 2 month time. Clearly I didnt not get any Notice around 25th June that 2month prior to the contract ends. Therefore I emailed them again and ask why they didnt sent me the Notice in writing, they said they gaven the Notice to me at the beginning of the tenancy as a separate documents already and send me the scan copy of the Notice, but I never ever seen the Notice till now. There is no serve date of the Notice on that Notice, and I can prove that I didnt get that Notice at the beginning or at any time but now with prove. I found out there is a mistake on the contract after i signed the contract. The post code of the property address was wrong on the contract and I took it back to the agency, they just change the postcode on the contract by pen without any other action. I remember I was double asking them if it is alright for a valid contract with a wrong post code and change it like that, they said it is fine. But clearly the the scan copy of the Notice they sent me is with the wrong post code, which proved that if I get that Notice with the contract or at any time I would go and let them change it because as a law student myself I feel it is not right to have a wrong post code on a legally binding document. They insist that they serve me the Notice as a separate documents, so I checked again the contract, there isn't a mention of the Notice will be served at the beginning of the tenancy. And it also said there is a inventory list attached to the contract but I didnt receive any but the tenancy agreement itself. I'm scared they are going to lie about that as well then I wont get my 900 pound deposit back.

 

Regardless all these, when I am trying to contact them about the issues about the Notice and how difficult my situation is, I also require a repair of the toilet as soon as possible , because the toilet with in-wall water tank stopping flashing which is a major problem for normal people. I mentioned at least 3 times to ask them send someone to fix the toilet in the email today but they didnt even say a word about it and just keep repeat i have to move out by the end of the contract date and that is the end of the issue. So I proposed that I move out this month (one month earlier) and they should refund me one month rent which is 600 pound that i've already paid. Then I got chance to rent a 6month contract flat. But like every email they replied is all about I have to move out and I cant have any right as tenant.

 

I'm desparte to seek some legal help and I dont want to lost 600 pound rent + deposit 900 for being rip off by the liar agency and they didnt even admit their fault.

:-x:mad2:

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dont panic!

just a few questions first!

Did you pay a deposit and is it protected? If not protected and you have not been notified, then S21 is not valid.

Have you got the section 21 notice now and what does it say? Is it filled in correctly with the proper rent period dates etc.?

Remember this is just a notice for repossession, you do not have to leave on that date. Just means that they can apply to the court for repossession, whic can take some time and no doubt judge would give you time after that.

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dont panic!

just a few questions first!

Did you pay a deposit and is it protected? If not protected and you have not been notified, then S21 is not valid.

Have you got the section 21 notice now and what does it say? Is it filled in correctly with the proper rent period dates etc.?

Remember this is just a notice for repossession, you do not have to leave on that date. Just means that they can apply to the court for repossession, whic can take some time and no doubt judge would give you time after that.

 

hi, thanks for reply me.

 

I paid a 1.5 month rent as deposit which is 900 pound and it is protected by DPS.

 

I dont have the Notice, they sent me the scan copy by email just now and but said they've given it to me at the beginning of the tenancy. I explained a little bit that I never actually know the existence or receive the Notice till they sent me the copy by email. Because from the content of the copy Notice, there is a wrong post code mistake as the tenancy agreement do as well, If I got the Notice I would take it back to them to change as I did with the tenancy agreement at the beginning. There are two dates on that copy Notice, which are Date of expiry 25.08.2012; Dated 26.08.2011. I'm strongly thinking are they just fake the Notice now. Because when I ask for the serve date of this Notice and how i've been served, they cannot explain.

 

Thanks

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It is quite normal to issue section 21 notice at begining of tenancy, however if you did not get and they cant prove you got it, thats their problem.

They will have to issue a new one with the correct notice from now with the two months notice effective from 25th July, taking it to 25th September.

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  • 3 weeks later...
It is quite normal to issue section 21 notice at begining of tenancy, however if you did not get and they cant prove you got it, thats their problem.

They will have to issue a new one with the correct notice from now with the two months notice effective from 25th July, taking it to 25th September.

 

hi, the whole thing is just going crazy now. I consulted from City Council, and confirmed that the Section 21 is more likely be invalid. However, the agency claimed that I was paid the deposit and 6-month rent before I sign the tenancy agreement on the day I move in which it is a total lie and nonsense. Who is going to paid up more than 4000 pound to some agency before any legally binding tenancy agreement has been issued. And the DPS documents showed the deposit was received before the day I moved in, from the agent's view that the deposit was received before I sign the tenancy agreement. How is that possible to use DPS before there is any landlord and tenant relationship created? Another problem is I just realised that I did not get the inventory list from the agency.

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Hi,

 

I've been struggling to solve some problems with the agency and the landlord.

 

Firstly, it is the war of whether they serve me the Section 21 Notice correctly. They claimed that they serve me the Notice when I signed the tenancy agreement on the day I move in 26/08/2011. It arose the issues of certain important dates about when I singed the tenancy agreement, when I paid the deposit and first 6-month rent.

 

I have the receipt proof that I paid the deposit and first 6-month rent on 18/08/2011, however there isn't a clear signed date on the tenancy agreement. So the agency claimed that I paid deposit and rent first on 18/08/2011, then signed the tenancy agreement on 26/08/2011. And the agency put the deposit to DPS on 23/08/2011, before the date they said I sign the contract.

 

My questions are

1.if I signed the agreement on 18/08/2011 (which I believed so) and paid the deposit the same day. Can they serve me a Notice when it dated 26/08/2011?

 

2. If as the agency claimed that I paid the deposit before I sign the agreement, is it legal to put the deposit to DPS before any landlord and tenant relationship created? and if so, the DPS is valid now or not?

 

3. Is there legal actions that I could bring up? because the agency has being really harsh on me and won't admit their mistakes.

 

Many thanks

Sukie

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1 Yes, provided it is dated after deposit protected & reqd info provided

2 Yes the LA is LL's agent

3 Unlikely more info reqd.

 

If the AST states T commenced on 18/08/11 and you state this is the date you moved in, so T was created on the 18th.

It would be dubious practice for LA or T to backdate the signature on the AST, even though T had commenced.

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Threads merged...

WARNING TO ALL

Please be aware of acting on advice given by PM .Anyone can make mistakes and if advice is given on the main forum people can see it to correct it ,if given privately then no one can see it to correct it. Please also be aware of giving your personal details to strangers

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1 Yes, provided it is dated after deposit protected & reqd info provided

2 Yes the LA is LL's agent

3 Unlikely more info reqd.

 

If the AST states T commenced on 18/08/11 and you state this is the date you moved in, so T was created on the 18th.

It would be dubious practice for LA or T to backdate the signature on the AST, even though T had commenced.

 

I dont understand your points.

1.I signed the contract, paid the deposit on 18/08 and im not aware of the serve of the Notice on 18/08 (also the scanned copy Notice dated 26/08). Can they serve me the Notice on 18/08 when the Notice is dated as 26/08? And I actually move in on 26/08/2011.

 

2. The agency's version

they said I paid the deposit on 18/08/2011, but signed the agreement on 26/08, and being served the Notice on 26/08 as well. But follow their timeline, how can they put the deposit into DPS where there isn't a AST existed yet?

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Your tenancy began at 00:00 on 26/8. The section 21 notice was also served on the same day, but a judge is likely to believe it was served 'after' 00:00 if the landlord can convince him of the date it was served (and you admit 26/8).

 

Contact the DPS and find out what date your deposit was protected from. If that date is before 26/8 then the s21 seems to be in order.

The law requires "Any tenancy deposit paid to a person in connection with a shorthold tenancy must, as from the time when it is received", so it is perfectly okay for it to have been protected before the tenancy commenced.

 

Do you remember seeing a document containing this info: http://www.depositprotection.com/documents/prescribed-information-template.pdf

And this document: http://www.depositprotection.com/documents/terms-and-conditions.pdf ?

 

You state the expiry date is 25/8/12, is that after 25/8/12 or on 25/8/12 because if it is the latter, they are seeking possession during the fixed term of the tenancy, which they can't do. It is a weak defence, because section 21(1)(b) doesn't even require that an expiry date be shown, so the date is largely irrelevant, but it is worth a try.

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