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Just to update this:

 

We have been told we will be served with a section 21 today so it doesn't give us two months notice and it looks like it's invalid! We were never given the gas safety, how to rent and EPC certificate. They sent them on the 18th October with a letter informing us the tenancy was ending. We also don't have smoke alarms on every floor of our home which I believe is another requirement?

 

So we understand that we cant be served with a section 8 until we're in 2 months rent arrears and the section 21 is now invalid. They want us out on 21st December. There's a bit of us that just wants to go and leave the mess behind however it seems like we're in a good position to negotiate now?

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It can’t be less than 2 months and does not mean they can turf you out at the end of the notice, they would then have to go to court. Get advise on how valid the notice. If it is invalid I would wait to go to court then they would have to serve another notice and another eight week wait.

 

As for negotiating, you tried that and you went from the end of January with that month free to having to be out on the 21st of December. Either he is not to be messed with or negotiation is not your strong point.

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It can’t be less than 2 months and does not mean they can turf you out at the end of the notice, they would then have to go to court. Get advise on how valid the notice. If it is invalid I would wait to go to court then they would have to serve another notice and another eight week wait.

 

As for negotiating, you tried that and you went from the end of January with that month free to having to be out on the 21st of December. Either he is not to be messed with or negotiation is not your strong point.

 

Thanks for your advice but I really don't understand why you keep being so negative towards me! You're not our landlord are you haha!? :p

 

It definitely is invalid. My point is, the notice cannot at any point be valid as we weren't given the gas safety certificate, the EPC certificate or the how to rent guide. The agency sent them last month with the end of tenancy letter. It is my understanding that they HAVE to be given to tenants prior to moving in. How can he apply for another possession order as he can't change the fact that this process wasn't followed?

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Which bit is negative, did you not have the offer on the table of leaving at the end of January and then you did something that made the landlord retract that offer and want you out...do you class that as being successful? I feel you may think that you are in some kind of position to negotiate. You were and then now you are not. The LL has served you with the required documents and that is all he is required to do BEFORE he serves you a section 21. It will not void one served after the required documents.

 

It is a shame you see my advice as being negative, I wish you well.

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Thanks for your advice but I really don't understand why you keep being so negative towards me! You're not our landlord are you haha!? :p

 

It definitely is invalid. My point is, the notice cannot at any point be valid as we weren't given the gas safety certificate, the EPC certificate or the how to rent guide. The agency sent them last month with the end of tenancy letter. It is my understanding that they HAVE to be given to tenants prior to moving in. How can he apply for another possession order as he can't change the fact that this process wasn't followed?

 

 

 

 

If your so convinced you right about the s21 or anything else, go to CAB or a solicitor get them to check and stop disagreeing with everyone on CAG and on another forum.

 

https://tinyurl.com/yae3zzry

 

 

....


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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If your so convinced you right about the s21 or anything else, go to CAB or a solicitor get them to check and stop disagreeing with everyone on CAG and on another forum.

 

https://tinyurl.com/yae3zzry

 

 

....

 

 

Eh!? I'm totally lost now? I haven't disagreed with anyone?

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Rent 1 day late is grounds for s8 g 10,11 repo, (discretionary)

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What about the deposit as doesn't that have to be kept in some sort of special account?

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You can vacate T on last day of Fixed Term, without Notice.

Beyond that, you are req'd to give min 1 month NTQ to expire at end of next valid Rent period, and liable for rent until then.

LL can serve s8 for a discretionary g10 or 11, even if the Mandatory g8 (2 month rent owing) is not fulfilled.

Negotiate early Surrender with LL asap.

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Hi

 

Just to update this, and ask advice on the next steps (hopefully I won't get shouted at again in here ;)

 

We didn't move out on the 21st December as we were unable to find anywhere right before Christmas. The landlady came to the house the day after the tenancy expired and screamed abuse at me, calling me a mad woman and a liar before trying to barge in to the house with her dogs, wow, merry Christmas haha. I get the feeling the agency may have made us promises without telling them, as she genuinely didn't seem to have any idea that there was a compensation offer made or that we had been offered to stay in January. Or, she's a very good liar.

 

The last we heard from the agency was us asking them to stick to their offer to help us find somewhere else to live, they didn't reply to that. Nor did anyone contact us to arrange moving out and handing over keys and the inspection. Its pretty amazing that the landlady turned up expecting us to be gone without a single conversation with her or the agency but hey ho.

 

So we've asked for a reference in return for us leaving ASAP but of course the landlord won't give us that. The agency have said they will give us a reference if we leave this weekend, which we can't do, and also that they 'are obliged to give an honest reference', I said fine, does that mean you will be honest about the reasons we have complained and have rent arrears.

 

We've been advised that the landlord is applying for an accelerated possession order, which we expected, we again offered to leave ASAP in return for a reference to save him paying the fee but apparently he's already started the process.

 

So we knew he'd take this course of action and we really just want to move on now but two questions 1) will we have to pay his court costs even though we have evidence of him offering to let us stay in January? And also, because we've offered to go to save him applying to court in return for a reference?

 

I can't believe after the hellish experience we've had as tenants, we're being treated like the bad guys to be honest. The list of issues is just insane 1) moved in to a filthy house which we had to pay to have professional cleaned, 2) the landlord let himself in twice, once whilst I was in the shower 3) 6 months of horrific noise 7 days a week, 4) offered compensation then this was revoked 5) offered help to find somewhere else to live by the agency which was revoked, 5) screamed at by the landlady 6) now court. 7) lied to about the length of tenancy and the house placed for sale when we took the house on the basis we could have it for 2 years. Honestly can't believe that the agency won't just do the right thing and accept that the landlord isn't always right, and actually look after their tenants instead of just the landlords.

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The agency doesn't get paid by tenants but by landlords.

Effectively they are LL agents and so they will always side with them, not the tenants.

Go through the motions, you should have enough time to find another place.

I have never seen an eviction order done and dusted in a week.

At best it would take a couple of months until you're kicked out.

From the sound of it, they gave you all required documents along with the notice, so section 21 would be valid.

Regarding the deposit not in the DPS, that's a different matter that you should either use as leverage or sue the LL which would be ordered to pay you 3 times the deposit.

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The agency doesn't get paid by tenants but by landlords.

Effectively they are LL agents and so they will always side with them, not the tenants.

Go through the motions, you should have enough time to find another place.

I have never seen an eviction order done and dusted in a week.

At best it would take a couple of months until you're kicked out.

From the sound of it, they gave you all required documents along with the notice, so section 21 would be valid.

Regarding the deposit not in the DPS, that's a different matter that you should either use as leverage or sue the LL which would be ordered to pay you 3 times the deposit.

 

Sorry the deposit is fine I think. The issues with the paperwork was them not giving us the correct stuff when we moved in, they only sent it with the section 21 which I thought would make it invalid? Also, given they told us we could stay until end of January on 8th November, doesn't that void the section 21 that was sent in October, and also give us a defence as to why we didn't move out on 21st December? We were still waiting for a response from the agent etc.

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Yes, that's what you would argue if it gets to court.

Section 21 notice is still valid, even if extended by mutual agreement like in this case.

Anyhow, you're still in the property, so stay put and find another place as soon as you can.

Let the LL know that you'll be out soon, maybe giving them a date would be best.

Regarding the LL walking into your home uninvited, that's a big no no.

If it happens again, call the police.

In the mean time, if I were you I would change the lock.

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Yes, that's what you would argue if it gets to court.

Section 21 notice is still valid, even if extended by mutual agreement like in this case.

Anyhow, you're still in the property, so stay put and find another place as soon as you can.

Let the LL know that you'll be out soon, maybe giving them a date would be best.

Regarding the LL walking into your home uninvited, that's a big no no.

If it happens again, call the police.

In the mean time, if I were you I would change the lock.

 

It's crossed our minds haha! Thanks for your help.

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...and also give us a defence as to why we didn't move out on 21st December?

 

You don't need a defence as to why you didn't move out on the 21st December, that was the deadline for the notice to seek possession. Now that deadline has passed, the landlord can apply to the court for a warrant of possession.

 

If that happens, you will receive an eviction notice and will have to move out by the date on the notice otherwise bailiffs can force entry to remove you from the premises.

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How many user names do you use

 

nicknock, nikkikitch and NickNack81 on another forum...


Just say No to 0870 and 0845 Numbers,Use

http://www.saynoto0870.com/search.php

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How many user names do you use

 

nicknock, nikkikitch and NickNack81 on another forum...

 

Yes a few as I've not been able to remember logins and changed computers. Why, is that an issue haha!?

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If you lose your log in details, you just need to contact admin rather than create a new account.

 

Site rules allow two IDs.

 

HB


Illegitimi non carborundum

 

 

 

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If you lose your log in details, you just need to contact admin rather than create a new account.

 

Site rules allow two IDs.

 

HB

 

Thanks, there was also an issue with privacy. One of the usernames was known by someone I was asking advice about so I created another.

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We could have changed your username. How many do you have at CAG?

 

HB


Illegitimi non carborundum

 

 

 

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