do you know when the gas safety is valid? it sounds like 12 months have passed and she has done nothing to provide you with a certificate, so thats her failure.
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Thank you for all your help and advice.
I have never had a gas safety check done since I signed my tenancy with her July 2020?
Another question where do I stand if the house sells,I have just had a viewing and the people seemed very keen I heard them say to the estate agent “definitely yes” so I now don’t know what happens regarding me living here I think they are buying for themselves not to rent out!
People can say yes and then go away and are not seen again !
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Your tenancy agreement passes into the new owner. Your rights dont change. Normally as part of the conveyancing the buyers solicitors would get the tenants to sign to say they will leave, so if you dont want to leave and haven’t received a valid s21 then dont sign and if the buyers aren’t willing to rent to you they will pull out of purchase.
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if since july 2020 you have no gas safety certificate (has to be given to you every 12 months) or i assume copy of latest how to rent at that time, a s21 will be thrown out. she has to serve you all specific documents before giving you a valid s21. Gas safety certificate is as basic as it gets for a landlord, sounds like she is just expecting you to go under pressure, whilsty being completely ignorant to her duties to you.
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As a Landlord I’m seething at the way you have been treated in so many ways . The one that really annoys me is the lack of the yearly gas safety certificate .
My advice to you is not do anything apart from pay your rent on time and look after the property and record every communication between you and your LL . Her section 21 probably isn’t valid but even if it is you will be able to stay in the property for at least another year and probably much ,much longer. This is because there is a huge backlog in the system for evicting people. By the time she gets a valid eviction notice and finds bailiffs to evict you it could be even longer than a year .
The reason I say you should pay your rent and look after the property ( take confirmatory photos) is you will find it much easier to convince a new LL to take you on . In the meantime look for alternative accommodation but be upfront with any letting agency or LL and explain why you won’t be providing a reference from your previous LL.
The earlier advice to liase with Shelter is very good as they will advise you of your exact legal situation.
Good luck
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Thanks, I have spoken to shelter they were really helpful and have said from what I’ve told them the notice is invalid for 11 different reasons so to do exactly as you said carry on paying rent and looking after the property (which I would always do anyway)then in December she will have to apply to court and I will fill out a defence form and list all the reasons on there. So hopefully she doesn’t realise before December (I honestly don’t know how she doesn’t know her legal responsibilities)or sell the house as then the new owners would become my landlord and would obviously issue a valid notice.
I am keeping all messages from her as honestly it’s a joke how much she is messaging and she is doing silly things such as applying for houses on my behalf (I think she thinks she’s being helpful)shelter have said this can be classed as trying to force an illegal eviction so to keep all evidence.
she is helping herself to get you out. Sounds like she doesnt have the capacity to even give you a correct s21, that will prove to be a long tedious headache for her. Make peace with the fact you are better off without her. if im correct from your earlier posts she has tried to raise your rent £300 over a year, thats shameful
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Yes thats correct and did it by sending a message that said
“If you pay £1000 I take the house off the market”
Nothing else just that!!
I know I’m better off without her but I’ve emailed about 7 properties this last couple of weeks and each one has called me the same day or following day to say sorry we have closed viewings as fully booked we will keep you on the mailing list!& thats before they even know your circumstances! you can’t even get a look in to view let alone apply!
I’m at least reassured that I will have slightly longer here and hopefully the rental market will calm down and properties will become more available.
This sentence sounds to me like blackmail. It does not say anything about the rent, it’s more like demanding a bribe, like “Give me a grand or I’ll throw you out”.
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Just keep all the emails texts, SMS, letters and anything else, keep them in date order and be polite in your reply. In fact if not done make up a folder containing everything you were given, its good tenant practice.
You may even wish to record or let the phone video when she visits as evidence.
Keep paying your agreed rent, you want to keep good credit references.
Keep teh property in a good state.
Read your AST for any hidden things! Plus when any rent increases may occur and importantly by how much - if stated. Its normal practice to give 2 months written notice.
Check your original DPS deposit and ensure you know your log on details. Whilst you may believe you have never been given any other documentation, many landlords get signatures for information given, so make sure you are on a sound footing.
If you had an initial inventory ensure you keep this in a safe place with the file I mentioned above, in times of stress things get misplaced, if you don’t have one and didn’t have one with the new landlord, have a quick tidy up and photo everything, garden, shed / garage if applicable, walls, doors, skirtings, windows, floors, ceilings, kitchen and bath units. Its a lot of work but will be worth while. Note any markings, damage, things not working and cross reference to the photos. Magic sponge gets a lot of scuffs off things!!
If you didn’t have one at least you’ll have a starting point which will be hard to argue with if inventories with photos where not previously given. Then on check out - sorry but she sounds not a nice person, it’s going to happen some time in the distant future. Plus it can save you a lot of money and security of your deposit.
As your new landlord with new AST, good practice would have been to ensure all E/L certs, Gas and EPC, deposit info where up to date.
It makes me wonder whether this person is declaring income!
As said, as she has in my opinion, assuming everything you state is true, not acted in good faith or as a good landlord should; I would let her make her own mistakes which of course you will be recording. Then when she applies the pressure to move, and she will, you can get Shelter of Citizens advice to write a formal letter for you.
When you get a good landlord/tenant relationship they work together and any issues/disagreements are normally worked out much easier.
The council will not rehouse you unless you are evicted or have not for eviction and if its not correct they will tell you to stay. The problem with fighting it out is that is going to be stressful for you, so keep looking for another house.
She cannot just throw you out and say the new people are moving in on XXX and that you have to immediately leave. Due process has to be followed.
In summary, in the interim keep looking for another home as whilst she does own the property, its your home until you leave and when you do leave it in good condition.
As last resort, if there are no homes around and the local rents are higher, ask for a long term AST with fixed rent for the first year and stated increases for subsequent years. The answer can be financially unacceptable or something to buy you some more time, but do speak to Citz Adv or Shelter first before you take this option.
Good luck
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Speak to the council they should run this one down for you. … or just move and save yourself the grief. SHE MIGHT just let you off some rent if you play ball but you will need to pretend its really tough for you and you dont want to go. Ie a payoff
I would suggest you make your position clear on lack of Gas safety certificate etc. by at least the start of December, as you don’t want to be worrying about this in Christmas week.
what are the 11 reasons…? handy checklist for LL’s
Hi Kez
I am in a very similar position to yourself in that I was served with a section 21 notice as well because our landlady wants to sell. She also hasn’t bothered with an annual gas safety check in 3 years and I had to remind her to get it done as was worried about our safety. I was also given an assurance that she would sell to a buyer who would take us on as long term tenants but that was a complete lie. I am a single parent and my son is here with me. I also cannot find anywhere else to live at the moment for the same reasons you state. It’s seemingly impossible to get somewhere else right now. Our notice expired two weeks ago, she has sought legal advice, and I’ve now had a section 8 letter basically extending the notice until 18th December. I am simply paying my rent on time still, and still applying for other places to live as I have lost all trust in her, and we do not want to be her tenant anymore anyway. I am waiting for her then to take the next step of a possession order, that’s if she’s wanting to pay out a lot of money and wait a long time to go that way. I have approached the council for help but really they have not been very helpful so far at all. (Can’t you stay with friends or family? Technically you can sleep on their sofa etc!) It is an extremely stressful and upsetting time especially at the thought of this being dragged on with legal action over the Christmas period when we have children involved. if I were you I would not take kindly to her trying to find you another place to live, do this for yourself at your own pace and try to make the best of your Christmas time with your lovely kids x
I understand its distressing, but if you make her go to court, she can ask for her legal costs to be paid by you - about £500 if you include bailiffs.
Don’t count on the Council to offer you anywhere that you would want to stay.