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Section 21

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624 views 1 replies latest reply: 08 January 2016

I have been given a section 21 which is coming to an end in February. 

We owe less than 1 months rent and we got in a middle a few months back. The landlord has stated he will not accept a payment plan, it must be all or nothing, hence the eviction. 

On our notice it does not state a reason. I know they do not have to give reason but for us its turning out tricky. We have children under 5 and no where to go. The council are making things difficult for us to get help.

I have had legal advice but I’m sure its wrong.  They say as we owe less than 2 months rent (we owe less than one month) then his notice may be invalid. But as I said, the notice does not give reason, we were just told by landlord on the phone. 

I’m not sure if we have grounds to challenge the eviction. I know she can proceed with another eviction afterwards but I don’t even know anymore if it can be challenged in the first instance. 

The house is in a poor state, most of the electrics in the kitchen including the lights do not work. The main oven doesn’t work, only the small top oven. We have to use hob or the tiny part to cook. The downstairs toilet has been stated as potentially unsafe. The upstairs bathroom is tatty (liveable), things are falling apart like skirting, cupboards and drawers are starting to fall off. The problem with this is we have always had a good relationship with her and spoken on the phone so I have no proof that I have notified her of these problems and that she failed to help. 

I’m scared, I am going around in circles. 

Any advice woukd be massively appreciated. Thank you

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Unfortunately, the point of section 21 is that the landlord doesn’t have to give you a reason to evict you. As long as you’re not still within the fixed term they can do it for any reason, even just because they don’t like you. The only way to defeat a section 21 as far as I know (I’m not a lawyer) is if the landlord has not protected your deposit properly or didn’t provide you with the Prescribed Information within 30 days (where the deposit is held). There’s more info on that here.

The issues with the property – assuming your deposit has been properly protected, make sure that you do a check out inventory and take photos of all these things now, as well as gathering as much evidence as possible about when they occurred so that she doesn’t try to charge you for them. Potentially, perhaps you could sue for breach of tenancy but I’m not sure that would be enough (have you spoken to Citizens Advice, Shelter or tried a law centre as other sources of legal advice?).

The eviction process does take some time, even with a section 21 procedure. You can only be removed by a bailiff and that takes some time to arrange. However, it’s not a great position to be in, especially if you’re already feeling stressed about it. If you once had a good relationship with the landlord could you try to come to an arrangement with her? It might be worth a try. Shelter may also be able to help with other accommodation options.

There are some lawyers who comment on these forums who may also be willing to help.


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