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Misuse of section 21

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739 views 1 replies latest reply: 20 September 2015

Ok, so holding hands up – in the last 6 months since the commencement of our fixed term tenancy our rent payment has been late by 7 days. We own our own business, which is in its first year. There’s not a shortage of money, but sometimes it’s not accessible. We attempted to resolve the situation by offering an additional amount to change the rent day by a week. 

Without any opportunity to discuss the situation, we have been issued with a section 21 notice to vacate the property by Christmas. 

Although we have a 12 month AST, there’s also a 6 month break clause, which the landlord has clearly decided to use. However, by using a section 21, he has also opted out of giving a reason for eviction. 

Prior to signing our contracts, we have a written agreement that gave permission to redecorate the property on the basis of enjoying it for years and years. The property was in poor decorative state and we have significantly improved it, from filling holes in the walls to sanding down all the woodwork and doing the work properly to a high standard. 

We also have two small children and im pregnant with our third, which is considered high risk. 

My husband practically begged the landlord to reconsider, especially as we’ve invested time and money into the property. 

Sadly, the landlord is unrelenting. 

We take full responsibility for not paying the rent on time and understand it breaks a number of clauses within the contract. However, despite our attempts to positively resolve the situation, I cannot believe the landlord is so determined to get us out. 

While it’s clear that there’s little we can do to avoid eviction, the landlords behaviour is unreasonable and in my opinion completely unethical – especially as he’s used a section 21 notice to avoid giving a legitimate reason for evicition. 

From a legal standing, is there anything we can do? 

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Hi Helen

Unless the landlord has not protected your deposit, did not protect it within 30 days of you moving in or did not provide the Prescribed Information within 30 days then unfortuantely they are well within their rights to use the section 21 procedure. It’s harsh – and pretty uncaring given the situation you’re in – but I can’t see any way in which it has been misused. However, I’m not a lawyer so it might be worth getting some legal advice from a law centre.


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