A landlord cannot serve a valid section 21 notice where they have failed to provide the tenant with a copy of a current gas safety certificate (where one is required)
From shelter is this an error on the site?
Did they issue one before you moved in? Thats all thats needed for s.21. Have gas checks been carried out? (If not this is very bad!)
If they are guarantors they can be pursued. Terrifying?
There is no form as such. It amounts to checking documents.
Not a requirement for s.21 to be valid.
They are allowed to move home arnt they?
Tenant or guarantor can be persued in court for damage claims irrespective of any deposit.
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Why are you refusing to move out of the landlords property? Shouldn’t you be focusing on this? You are risking having problems renting again in the future and racking up costs for you and your parents along with the stress you are putting on your parents.
If you need a bit more time to find somewhere then try to negotiate and explain your situation. Communication is key.
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A s21 notice may be invalid if LL failed to:
Issue Gas safe in advance
Issue How to rent guide
Register deposit and provide prescribed info. (Not applicable to you)
Serve notice correctly
Provide an epc
And took a banned fee
Did you mean How to Rent not Right to Rent? If so the s21 would be invalid and this might buy you a bit more time. I would suggest you use it to find another private rental as thats probsbly all the Council would offer you anyway, except a much grottier one than you could find yourself. I agree with all that Mark says above, so if you dont want your parents to be sued, start talking to the landlord about a reference emphasising all the positives about your tenancy and start searching.
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Again Im assuming you mean How to Rent, not Right to rent, (detail matters), but the answrr is no, this would not let the guarantor off the hook.
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What have you deleted everything from your original post??
This ruins the whole thread for others.
Because I feel very distressed
And I am going to be homeless
I find your advice helpful but not really vey factual
May I suggest you check shelter for facts
The other guy seems to know his stuff but you reduced me to tears
Answer questions you will get advice.
I asked if a gas safe has been carried out since moving in. You didn’t answer.
If no gas safe was issued before tenancy started (or within 30 days) then it’s likely that a s21 will never be valid.
However, If they have done a gas safe in the last 12 months, but not issued a cert to you then all they have to do is provide a valid one and a new s21 will be valid. If a gas safe test hasn’t been done in last 12 months then no s21.
You have been given advice that will let you stall the eviction, and also the reality of things, as originally requested.
Many thanks
I am
Just very distressed
And feel suicidal
But I do appreciate your advice
Take care
Grotty council is my only hope as you quoted
May I suggest you be more polite and compassionate
Listen, in reality eviction takes a long time. The chances of homelessness is so low and no landlord wants to put anyone on the street. They will give you time because they have to. It’s a real last resort to have eviction bailiffs turn up, you have plenty of time.
It looks like the section 21 is almost certainly invalid, so you’ll have more time now to search.
Make sure you speak with the landlord and don’t bury your head, explain that you are actively seeking accommodation and have such and such viewings lined up. Keep them posted. If they know you are serious and working towards a date etc then they may well lay off a little. They want to see some progress. Council is there as David said as a fall back…
Apologies if come across as a little harsh, tone is easily lost on here…and we see plenty of chancers but clearly you arnt.
If you are feeling distresed make sure you speak with someone and start to make things happen…There is always a solution.
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Many thanks
I know it’s probably a no but I like to be certain
But as the section 21 is currently invalid can
Is there a possibility that I inform my landlord that my parents are no longer prepared to be my garontour
My house is immaculate it’s the Court costs I worry about ( parents are no longer speaking to me and landlady is emailing advising they will be taken to court)
I would also like any ball part figure for court costs as I will sell my car if I have to but I expect I can cover them
With the rent increases I am now not able to afford the rent
Henares why I am being asked to leave
I do understand that my landlady is a business
But rents have increased by over £500 and as a single income I am priced out of the market
So will need to stay via council rules
I have had a lodger before with permission moving in next week
As this is all not possible now
My choice is a rent or emergency accommodation
Your parents cannot simply be removed as guarantors without the landlord agreeing to it, which they won’t, its obviously for her protection. There may be a technicality in the guarantor agreement which voids it. A lawyer would need to look at it.
As for court costs, for landlord it depends but could be around £1200 to £2500. But this could escalate quickly.
Can you move out of area, where prices are cheaper?
Could you house share until you find somewhere more suitable just to keep costs down, is it just you or kids also?
Councils advising tenants to stay put until eviction has been ruled illegal previously, yet they still advise this.
Would the lodger allowed for you to pay the increased rent being asked for? Was landlord aware of this?
Thank you for your kind advice
I am feeling more positive with the support from nit only yourself but also shelter council and solicitors today
The court costs look manageable and hopefully it looks like I can get legal aid but regardless I am
Able to financially to be able to find a resolution either way
I had got an appointment with the council homeless prevention team in the phone today and have a formal
Matting next week with them
And awaiting call back fro solicitors who takes legal aid
It has been confirmed that the 21 is in valid but I am sure it will be reissued ASAP
I have various medical appointments to provide evidence which will hopefully help as they are acute and class me as vulnerable
All I want is some time to find something more suitable and it looks like this will be possible
If only she had aid earlier I could have found somewhere by now
My poor mum is frantic but I think I have made her aware that I have no rent arrears and that I will cover the legal costs
The more intimidating emails my parents receive is creating an adult trail which may be helpful
My lodger is leaving by the looks of it as it’s to much for her
It will all be fine in the end
I can’t thank you enough for your support
X 
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