Why do you think it’s known as “no-fault eviction”. The LL needs no reason at all to issue a S21.
There won’t be a clause like that in his contract because it’s an unenforceable clause.
This is not a Section 8, this is a Section 21. The one who has no chance is the tenant. It’s not fair (hence the RRB) but it’s the factual state of play at the current time.
He won’t have to pay all the court fees etc as they will be awarded him by the court when the OP is eventually but inevitably evicted unless they can reach an agreement with their LL.
What happens if a TT stays in a property for around 8 weeks after a Section 21 notice expires and continues to pay full rent at the LLs requested rate, but then the TT arranges to hand the keys back after an inventory inspection? Does the LL still go to court at a later date when the tenant is gone and paid up properly, and is the TT still liable to pay court fees even if they have already handed possession back to the LL?
Forgive me for being thick but why would the landlord go to court after a tenant has already moved out?? Surely the purpose of ‘going to court’ is to obtain a possession order so if you already had possession, there’s nothing for the judge to give?
The major points missing are:
How does this compare to the market rental rates. It is a glaring oversight that could put a totally different tint to the comments.
How does £620 compare to similar properties on Rightmove.
Ash has not stated this despite many coments about it.
So this is potentially either about a unfair rent increase or it is about Ash just not wanting to pay more rent.
@gazfocus The LL would have already filed for a possession order before the TT vacated. The LL’s hearing/court date would come long after the TT vacated. Would the courts still charge the LL for the full court costs seeing as the hearing doesn’t need to take place?
A section 21 notice is a so called “No fault” notice - the landlord does not need to give any reason. What rent you have paid is irrelevant. No fault section 21 notices are soon to be abolished but this has not happened yet - so it continues to apply as a legal notice even after the law changes . The “no fault” notice still stands even if a tribunal judges against the rent increase that you have not paid so very little point going to a tribunal.
You can only appeal it on technical grounds like the landlord has not issued a valid contract, has not had a valid Gas cert, did not issue with certain documents etc. A solicitor or housing advice charity (if you can get an appointment) can advise you on these . But if he has done everything by the book there is no appeal.
If the Landlord was evicting you on ground of unpaid rent he would have issues a section 6 notice - the landlord can use a section 6 notice if either you have not been paying an agreed amount or he issued a formal notification you of the rent increase which you did not appeal.
Given the increase in market rents in the current climate and inflation since 2019 - it seems likely to me that any tribunal would judge that increase as reasonable unless you live in an area of falling rents.
If you want to stay in your flat your best bet is probably to offer to to pay the landlords asked for amount - and backdate the payments - and hope he relents and withdraws the notice.
Have a look at the costs of other flats offered for rent in your area - if you can get cheaper grab one - if there is nothing similar to your current flat available you will probably have to suck it up as it is a section 21 notice.
Sorry but this probably isn’t what you want to hear - but it is likely to be the truth unless you can prove the landlord has done something that invalidates the section 21 (such as invalid gas cert, not holding a license in a selective licensing area, failing to put your deposit in a protection scheme etc …)
In your position, I would start paying the increased rent immediately, rather than only
“offering” to do so, then email landlord asking if you can stay.
He might be upset with you, so what can you do to restore good relations?
( I would then suggest a payment plan, to cover my arrears, but thats just me )
If the relationship is broken, and landlord does not agree to cancel the s21, then I would look for another place and move out as soon as possible, even if new place is more expensive. You dont need stress like this! Life is worth more.
One thing I would recommend doing is checking the landlord protected your deposit and putting the money in a government approved deposit scheme - one of three they can use. If he didn’t after 30 days of payment then you can make a claim under sections of the housing act of three times the rent.
Not protecting deposits or the wrong amounts is apparently quite common. This could be a bargaining technique you could use at a section 21 hearing or you could raise it with your landlord immediately before the hearing to say you don’t owe him the higher rent for a time anyway. That buys you more time to stay where you are to find somewhere else, as if he is serving no fault evictions (when no landlords ought to be with the impending renters rights act changes) on such a relatively small change in rent if you’ve been a good tenant, he probably isn’t the landlord for you. Find a better one.
Thanks for posting. After the s21, I did offer to pay the higher rent and backdate it, but the LL reponded by saying that his reason for serving the s21 was not related to the propsed increase.
This left me having to guess, that his motivation was wanting to get rid of a tenant who might struggle to be able to pay increases into the future, while the RRB had also been implemented making it harder to get rid of the tenant should he struggle financially.
Without having any other information to operate with, this is my guess / assumption.
The LL has checked all the boxes with regard to the Safety checks etc, so he won’t be overturned on a technicality. It was for this reason, I described him as “squeakly clean” earlier in the thread… which A_A decided to interpret this as an admission that he is “responsible”.
To clarify, he is only reponsible at covering his own ar** to ensure his s21 notices stick… as for his moral fibre, this is a completely different matter !
As for the rent in the area, £620 looks pretty standard for this type / size of property. There are certainly much cheaper self contained flats (like £500/m and £550/m) but they are smaller, often with a lounge + kitchen consisting of the same open plan room.