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S21 Notice Clamped by Fixed Term and Break Clause


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Hi,

 

I've started this thread as a whole new issue arose from my somewhat dogmatic and erratic landlady.

 

Link 1: Inspection after inspection?

Link 2: Landlord Constantly Late with Utility Bills

 

This all came to a head as her harassment via phone, email, what's app, text and the final strawe was harassment of my guarantor.

 

To cut a long story short,

I wouldn't let her into the property to inspect in May without valid proof of not being told to self isolate & proof of vaccines or exemption via the NHS app. This lead to a childish barrage of various electronic communication that was, at best, incoherent and frenzied.

 

From her pure responses, it was clear that she read a few lines of an email and reacted without reading all of it. This lead to me contacting the CAB for advice, who recommended the police. The police stood back initially and kept an eye on the situation as she is a long way from where I live, so is no immediate threat, which I totally agree with.

 

My last communication to her, which I was told was the correct course of action, which I believed before hand, was to write to her and instruct her to cease all electronic communication with myself and my guarantor (relative), however, I did clearly state in the same police letter that I am more than willing to accept letters from her via Royal Mail and will respond to them within 28 days. I explained that all email will be archived and ignored.

 

As she no longer had ways to bother me, she then started on my relative. Sending them confidential communication which I had sent her. Not only that, she cherry-picked various pieces of various e-mails, only forwarding emails from mid-thread, and in one case, entirely skipping out her communication with me. Either way, I'm furious about this as I keep my private life extremely private and now my family are all scratcig their heads about this wondering WTF.

 

This action is what ultimately got a Sgt form Kent Police to contact her and tell her to stop and use normal post. They agreed with me that she was being cunningly passive aggressive and flying the thin line between civil and criminal, and doing it well (a sgt said this!).

 

The outcome is that I received a S.21 "No Fault' Notice, form 6A etc... during my fixed term, 1 year.

 

The facts around this are:

 

Second (this) Fixed Term Start Date: 1 Nov 2020 

Tenancy Type: AST

Length: 1 Year, ending 31 Oct 2021

Break Clause: Mutual Break Clause (as per contract), exact wording below.

Quote

Mutual Break Clause

Any time after 12 months from the start of the Tenancy Agreement either party can exercise the break clause by giving two months notice in writing to the other party. This means that the earliest time that the tenancy can be ended by this clause is after the expiry of 14 months from the commencement of the Term.

Rent Arrears: None

History of Rent Arrears: Twice: 5 days late in Jan 2020 and 2 days late in Dec 2019. Previous Tenancy agreemnt. 0 incidents this tenancy.

 

I've got a few questions about the validity of the S.21 for a few reasons:

 

1. No EPC was ever supplied during the last tenancy or this one, until she wanted to serve notice, EPC was uploaded 24 May 2021, notice dated 11 June 2021.

2. The EPC supplied has errors in the address, totally different postcode, same street. I think the property developer got lazy and copy/pasted.

3. In regards to the Prohibited Tenant Fees. The LL has the deed to this property as a short-hold, so the building get a bulk electric connection and privately meter each property, forwarding a bill (Not sure how its split up) to the LL. I agreed to pay for electric in the property as I'm using it, but when I got the bills, there were extra charges tacked on called Capacity Charge.

 

I've looked through the Ofgem guidelines on resale of electricity and there's no mention of this at all. The documentation I'm referring to is: 

 

WWW.OFGEM.GOV.UK

The maximum resale price (MRP) is the most that anyone can charge for resupplying gas or electricity which has already been bought from an authorised supplier.

 

There is a clause in the contract about electricity this reads, verbatim:
 

Quote

The tenant pays the electricity bill to landlord as the supplier sends the bill to Landlord. Bill to be cleared within 7 days of receiving it. Late payments to incur interest 3.5% of standard base rate

 

These charges have have been under despite since I first moved in, and the LL won't address them, at all. Her remedy is forward my details to another third party, her supplier and tell them that I'll deal with them directly? I never asked for this at all; I asked that I get my own account with them as she was struggling to manage them.

 

4. There are outstanding repairs on the property which she has refused to address due to the sheer cost. The bath plug, is one of those posh twist ones, which raise and lower as your turn the spout. that hasn't worked since I moved in, it was advertised as working and she's avoided addressing it since day one. Her 'plumber' even what's app'd me a 'how to fix it yourself' video. I said I wouldn't address it as I'm neither qualified nor insured to work on plumbing. Especially in a new-build, up-market building!

 

From there, the conversation went to, the plumber can't find the appropriate replacement as he doesn't have the brand of the unit nor could he find one when he was here apparently so I agreed to wait. I googled the brand of the bath, found the unit in 10 minutes and forwarded it to her. Her final words were "I'm not spending £300 on a bath drain" and sent me a pound shop, rubber bung. Despite asking her numerous time, this never gets addressed.

 

5. Whilst the plumber was here and had the side of the bath off. He noticed that the bath was only supported on one side, and not the other. The u shape wooden cradles that go underneath a bath. Well there was only one and the plumber labelled it as waiting to break. This too has never been addressed at all, despite being asked about on numerous occasions.

 

6. The S.21 notice came from a 3rd party company, they aren't a listed law firm and aren't listed on the SRA website at all. The person who works there does though. His name was on NONE of the documentation, I gleaned his name from his signature and by the company name through companies house.

 

Do I have any grounds to challenge the S.21. I'm concerned that it's a no-fault S.21 as it was clearly initiated due to her not getting her way and being told to pipe down by the police. it hasn't always been bad, she was a good LL at one point, but since she was made unemployed, she's turned into a nightmare. I even assisted her with getting grants etc... during the pandemic just to be helpful...

 

I'm stuck now and need some help, Ideally I'd like to smooth this over, but I think it's past the point of no return now. I've tried being amicable, that didn't work, I've tried going the proper route and that blew up in my face, and now I'm stuck in a fixed term where in the contract it says one thing, in the S.21 it says another.

 

There an "Unless" in the letter which reads:

 

1. The landlord receives vacant possession of the let property on or before the expiry if they enclosed S.21 notice; possession proceedings will be initiated against you out of the local County Court without further notice.

 

That was in the cover letter. Which contradicts the form 6A entirely with "required to leave the address below after 31 Oct 2021".

 

Anyway, I'm not really one to panic, but I have a horrible, sinking feeling that a whole bunch of loopholes are at play here and that I'm headed for rough roads ahead.

 

Any help would be really appreciated!


Cheers,


Ade

 

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The section 21 Notice is invalid due to no EPC served. It may be invlaid to other factors, hoowever, the EPC element is sufficient.

 

I read a blog from the British Landlords Association that may help you: 

 

Best of Luck

 

Tracey

  • Confused 1

I am a SPAMMER.

I have come here to spam everyone on the Consumer Action Group on to try and drum up business for the 

British Landlords Association

also known as the BLA

BLAH BLAH BLAH 

 

I didn't ask for permission.

I suppose that you can see it as a kind of squatting!!

(Geddit?)

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Posted (edited)

Thanks to the spammer 😕

 

Can anyone assist with this? I'm not quit sure how to (or where to) start here :( 

 

*edit* can someone remove that spammers response please? aarrgh.

Edited by adridude
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  • 2 weeks later...

Is bankfodder still about? If so, could you delete this thread and I'll create a new one, less verbose.

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Just to add, FINALLY foudn my login details for my proper account, so could anyone fry this thread? I'll repost it in a more easy on the eye manner lol :D

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we'll merge usernames if you like too??

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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  • 2 weeks later...
On 15/07/2021 at 00:12, dx100uk said:

we'll merge usernames if you like too??

 

If you could merge AdriHD into adridude so adridude is still active and AdriHD disappears, that'd be awesome. :)

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Posted (edited)

 

 

Edited by 45002
OP Previous threads !
  • Confused 1

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

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