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Section 21 recinded, then actioned.

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467 views 1 replies latest reply: 05 January 2017
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Tenant

Hi All

We were given a section 21 after getting behind with the rent due to losing a job.  We subsequently got new work and the landlord agreed (in an email chain) to let us continue as tennents.  That was 4 months ago.  I’m now unemployed again and am late again with a rent payment.  The landlord has issued us with a possention hearing from the courts.

Can we defend this based on the email trail with him rescinding the secion 21, or does it still apply and we will be evicted?  I’d happily leave if there was somewhere else to go, but with no landlord reference and no work, no agency will touch us.

Thanks Hopefully

Jim

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Tenant

Hello, 

Sorry you’re experiencing this issue but maybe the following can help:

Depending on how long you’re renting, there are numerous things that can block a Section 21 notice. 

If you’ve been renting post October 1st 2015 the landlord needs to do the following before they can use a valid Section 21 notice:

  • Protect your deposit in the right time frame and serve you prescribed information
  • Serve you a valid copy of the EPC
  • Serve you a gas safety certificate, if any gas appliances are present (cooker, boiler, heating, etc)
  • Give you the governments renting guide “How to rent”

If your tenancy agreement started before this date, just look into the deposit protection procedure. 

If it doesn’t comply, the landlord’s notice is invalid and the court should not grant them the possession order they are looking for. This will give you at least another two months, as the landlord needs to serve Section 21 again. 

The most important thing:

If at the time of the hearing, you’re not in rent arrears of two months or more, the court will not MANDATORY give the landlord a possession order. They may still do, but it will be subject to the judge’s view. If you manage to pay all your rent before the hearing, the judge is likely going to bounce off the landlord. Losing a job is a very legitimate reason to take a few weeks more to provide payment. If you can get the money from family or friends, this will likely delay the eviction for a while.

BEFORE YOU GO TO THE HEARING:

Please consult a solicitor or phone Shelter or Citizen Advice. We’re not lawyers and you can take any of this as legal advice.

Here is some reading info:

http://www.thetenantsvoice.co.uk/advice_from_us/section-21-notice-to-quit/

http://www.thetenantsvoice.co.uk/advice_from_us/section-8-notice-seeking-possession/

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