Hi everyone I have had a post thread on this matter before. I moved in Aug 19 it was a fixed tenancy ASD paid £50 renewed for another 6 months. I got a message from the LA that landlords want to move back in no problem. Aug 20 got a letter regarding possession of property only given 6 weeks, then that got extended for additional 4 weeks. Currently still on periodic tenancy and now being threatened with court action.
The property was already in disrepair before I moved in and has gotten worse and I have always allowed them to come in to fix issues and have informed LA. However I do not know where my deposit is, I was not given an EPC cert, no gas safety cert or how to rent booklet. Where would I stand now with them wanting to go to court as they are now having a gas engineer to check the boiler this Monday coming.
Sounds like you’ve got a letting agent who is either a rogue or incompetent. Notice periods at the moment are 6 months, even if the landlord wants to move back in and the notice has a specific format. A letter is of no legal effect. If you want you can reproduce the content of their note here for clarification, but otherwise I would just ignore their threats of court action as this would be likely to fail.
Incidentally, the fee of £50 you paid to renew the tenancy was an illegal fee and you should point this out to the agent when you reply and ask for a refund.
They need to register your deposit
You can ask them where it is registered and where the certificate is, terms and conditions and prescribed information
You can take legal action against them to get your deposit and up to three times the value of your rent
If you call Shelter they will be able to help you for free
Thank you for the reply okay I didn’t know I could get back that £50 I paid it at the time thinking it I hadn’t I wouldn’t have a property to continue living in.
I do only contact them through emails now as before it was via SMS as it was quicker.
I am disgusted at the arrogance at this landlord. These are the landlords that give others a bad rep. Your landlord is not working within law on any account. They are supposed to present roc, gas safety certificate, electrical certification and “right to rent” guidance doc, plus clear information about how your deposit is kept in a legitimate registered deposit scheme. Just ignore it. They haven’t a keg to stand on. I’m a landlord & need to move back into my property because of serious medical issues & need to be near specialist. I gave 6 months notice even with the serious urgency. Mind you, I do not think the six-month rule is fair at all. My tenants are in £80,000 a year between the 2 of them (couple) & in no hardship whatsoever. On the other hand only earn about £14,000 a year and it’s impossible for me to find a place to rent and yes I am Cats from going back into my own home with reasonable notice which is two months.
Sorry about that I have followed Dom’s instructions and copied and pasted below thank you
(Name and address oftenant).
(Name and address oflandlord) (see Note 2)
(Address ofdwelling)
(Date ofexpiry)
(See Note 3)
(Name and address to be entered when notice is sened by agent)
Notice Req uiring Possession
Assured Shorthold Tenancy: Fixed Term
To: Ms Priya
Of:
From :
Of:
I give you notice that I require possession of the dwelling house known as
after: 1/10/20.
Signed: Dated:
Landlord’s Agent:
On or after the coming to an end of a fixed term assured shorthold tenancy , a court must make an order for possession ifthe landlord has given a notice in writing
2. Where there arejoint landlords, at least one ofthem must give this notice.
3. The length ofthe notice must be at least two months, and the notice must be given before or on the day on which the fixed term comes to an end.
We manage nicely
NOTES
(Name and address oftenant).
(Name and address oflandlord) (see Note 2)
(Address ofdwelling)
(Date ofexpiry)
(See Note 3)
(Name and address to be entered when notice is served by agent)
Notice Requiring Possession
Assured Shorthold Tenancy: Periodic Tenancy
To: Priya
From:
Of:
I give you notice that I require possession of the dwelling house known as
after: 18/2/2020.
Signed: Dated:
NOTES
I. Where an assured shorthold tenancy has become a periodic tenancy, a court must make an order for possession if the landlord has given a notice in writing.
2. Where there are joint landlords, at least one ofthem must give this notice.
3. This notice must expire:
(a) on the last day of a period of the tenancy
(b) at least 2 months after this notice is given
(c) no sooner than the earliest day on which the tenancy could ordinarily be brought to an end by a notice to quit.
We manage nicely
The note doesn’t say what section of the 1988 Housing Act (or any other tenancy act) is it relying on. If its a s21 notice, it must now be sent on a prescribed form, (form 6a). However, even if the above was sent on this form, it is invalid as the notice period is incorrect as is the wording. The notice then, as now is 6 months.
I wonder from the wording whether the landlord/agent believes that your tenancy is not assured. Did the landlord live in the same property or the same building at any time that you’ve been living there? Alternatively, is this a serviced tenancy, where for example cleaning and laundry services are provided?
If you tenancy is an AST, then your best bet is to say nothing and wait for the landlord to discover the invalidity of his notice from the Court and that he will then have to start again. By then the notice period is likely to have changed to 4 months.
There is nothing that I can see about the 1988 Housing Act I believe it would be Section 21. Both notices was given on letting agent headed letters.
No laundry/cleaning plus the landlords lived abroad for that year before coming back to the U.K. Initial tenancy was fixed term for 6 months then I payed to have that renewed/extended for an additional 6 months now it’s a periodic tenancy.
2 weeks ago they completed a gas safety check on the property (all came back fine).
You should be aware that even the most incompetent landlord/agent will get you out eventually, so all you are really doing is taking control of the timetable. You can give notice of your own when you find somewhere else.
You should probably look up on the agents website which redress scheme they belong to and then check with that scheme whether its genuine. I’ve a feeling that you may need to make a formal complaint before this is over. If they are not a member, report them to local Trading Standards as this is illegal.
I read again it is under the Section 21, yes I understand I will not live here forever and I will start looking for a property when I get my day in court. I enjoy the area & neighbours at the moment so just being lazy not actively looking.
Thanks I will check that scheme it does mention on the letter they are a part of it