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Details on a section 21

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327 views 3 replies latest reply: 29 September 2017
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Tenant

Hello I’m new,

Just a quick question, in checking the details on a section 21 you state that all name and contact details must be correct, does the landlord serving the section 21 HAVE to include their contact details? As the one I’ve received just states their name.

Also another question whilst I’m here…

Our landlord pointed out damage to the roof guttering (causing water to run down the building), and said he would get it fixed as would damage his property. Which he hasn’t. Obviously I never put a request in writing as he noticed it etc.

Now we have been served with a section 21, would this be grounds to make it void? Obviously I have no evidence, but I could text him a question about it (say asking as he was aware of it on a certain date but didn’t fix, would I be liable of costs off my deposit, or any water damaged caused by it since?) And if he acknowledged in a way that obviously showed he was aware of it at a certain time, knew his responsibility to fix, yet didn’t. Then would that do any good? Also the oven hasn’t worked for the last 3.5 months, when I mentioned it (just after they served the section 21) they stated they would get a new one after we left! Does this help any delay in eviction ?

As you can guess, I clutching at straws as have not managed to secure another tenancy and section 21 served 3 months ago!!!! Myself, wife, and 2 children (8 & 14)!!!!

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Tenant

Hello, 

So, the official form 6a, provided by the government (see this link) has space for the landlord’s address and phone number. Whether or not the notice is valid WITHOUT ANY CONTACT DETAILS, I’m not sure, so you need to seek further advice by licensed professionals or at least Shelter / CAB. 

As far as your repair requests, I’m afraid they won’t suffice. The procedure to report damage officially is a bit more complicated than just talking about stuff with your landlord. Furthermore, it needs to have occurred well in advance before section 21 was served and documented, so you can complain to the council about revenge eviction. 

Please see this article – http://www.thetenantsvoice.co.uk/your_home/how-to-block-revenge-evictions/

To avoid an eviction you need to be proactive and begin complaints procedures about damage well in advance before the s21 arrives. Currently, your efforts to avoid eviction are likely wasting you time which you should better spend on looking for another property.

In any case, section 21 is simply the landlord’s warning notice BEFORE seeking possession of the property. You have at least a couple of months more as the landlord begins possession proceedings and finally gets the council bailiffs to physically remove you from the property. 

You’re not evicted YET, so use the remaining time to look for a new property. Also, please negotiate with the landlord about your housing situation. Everybody is interested in avoiding a full-blown eviction law suite. 

Try to extend your stay for a month or two after the notice expires, so you can arrange your move peacefully and without excessive legal action. 

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Tenant

Hello, thank you for your reply.

Are contract originally started in early 2002 so doesn’t require the standardised form for newer tenancy agreements. Other than that your information is just as I expected, unfortunately!

We cannot find/secure other accommodation (as of yet at, but obviously still searching).

Our Section 21 was served 3 months ago ( have already been allowed an extra month).

The landlord has notified us to leave by THIS weekend at the latest.

We will not pass an agents credit check as my wife has poor credit, and after she started working full time in January, I have moved to self employed to work around pre/post school child care/ collection and such.

We are a family of 4 (2 children under 16).

We applied for help via the council immediately upon receiving and told we were band A priority (due to being at no fault, didn’t owe rent at the time- and still don’t), but when we checked for progress after the first month, we discovered that we had been put on the system as band C, and that our case worker was on annual leave, and that we can ONLY enquire via her- surely clients should be passed over to another officer if someone is off? Especially relating to time sensitive emergency issues!

Since then we have had it corrected to band A and back dated-to help with points system- but missed out on many homes that we bid on over the month or so it took to correct the error. We emailed her when the final date of our section 21 had been reached, she replied 2 weeks later and apologised stating that she had only just got back after being off! And advised us to speak to the housing office. Now we have been told to be out within the week, we have again e-mailed again but no response as yet!!

 

So for half of the time since requiring help, our ‘helper’ was off work! And for half of the section 21’s notice we had be logged as the lowest priority!! – could this help getting some extra time in current property???

Probably not, but any ideas would be greatfuly received.

On another note would my wife’s current nervous breakdown count towards ‘exceptional hardship’? when filling out the possession order defence form.

 

I agree that going though court,  if indeed it can be prevented from being fast tracked, is the worst case scenario.. any ideas of whom to contact for help/housing (temporary or permanent), CAB pointed us to solicitor who couldn’t give any way to stop fast tracking, the local housing office just looked at right move with us, which we check constantly anyway- and all require credit checks!

 

We don’t have anyone to be a guarantor, nor do with anyone to put us up for a bit!

 

The ONLY advise from the local housing office was to stay until physically removed from the house, then (and only then), would they assist by finding us a hotel which we would have to pay for!!!

 

Obviously we wish to avoid this at ANY cost.

 

Any ideas??

 

 

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Tenant

Perhaps, if you have any savings, you can find a property by paying some rent in advance. The more months’ worth of rent you can pay in advance, the better your chance. 

Some agents can also let you pass a credit check if YOU being self-employed can prove stable income for the last 12 months + prove you have sufficient funds in your account to accommodate any loss of income.

Outside of this, there are few things that you can do. The only thing that can help you in this situation is for you to convince the landlord to give you more time. Perhaps offer more rent, or offer any services which they might need. 

Or you could ask them to give you another property if they have more than one. 

 

Sorry if this doesn’t help, but it’s all we have.

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