Do I need a lawyer? | The Tenants' Voice
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Do I need a lawyer?

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351 views 3 replies latest reply: 27 June 2017
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Tenant

Hi

I was served a section 21 notice last Tuesday and went to see the Housing advice service at my local council.  They advised me that the notice was invalid as it had the incorrect postcode on it and they contacted the landlord to advise of the error. The landlord said that his legal advise said the original notice was fine, but he has put an updated version through my letterbox today with the amended postcode (scribbled by hand).

I have lived in the property for almost 7 years, I received an assured shorthold tenancy agreement at the point when I moved in but have never received any update from this tenancy apart from the yearly rent increases.

The property needs maintenance work carried out, it is really damp, one of the radiators is leaking and really badly rusted, the boiler is on its last legs and is forever requiring repair. I have continuously had to point out to the landlord that the gas safety is due.

My landlord recently told me he wanted my flat back for a family member and offered me a different property that he owns, the property was in an even worse state and he wanted more rent, so I told him I would take it, but he would need to carry out some repairs and reduce the rent. My landlord has now told the Housing advisor at the council that I refused the offer of the other property which is not true.

I work full time and do not claim any benefits, I am a single parent, I have caring responsibilities for parents who are located very close to my current residence.

Despite being a great tenant, I have never missed a rent payment, I feel that I am fighting a losing battle. Is it worth me employing the services of a solicitor?

Any advice would be most gratefully recieved.

Thanks.

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Tenant

The section 21 notice is a mechanism for the landlord to reclaim the property without the tenant being at fault. 

So, if the landlord really wants to get the property back, all they need to do is to make sure they serve a valid notice. (P.S. hand-edited notices may still be invalid, so check again). 

Then, there is a very strictly defined procedure for what the landlord needs to do to get you out and there is practically nothing you can do, other than checking that he validly files all notices and properly undergoes the procedure. 

In other words, you can delay to an extent, but you can’t keep the property. 

Here is some more information about section 21 – http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

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Tenant

Thank you Audrey.

Is there any way in which I can tell if the newly issued notice is valid?

Is there someone who can take a look at it?

Thank you

Sue

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Tenant

The article I gave is pretty comprehensive and gives you pointers on how to judge validity. 

Look for spelling mistakes, inaccuracies of any tenant / landlord information, start and end dates, etc.

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