Unfair Section 21 Notice – Tenants Cry for HELP!

Reply to the comment left by "Mary Latham" at "27/07/2013 - 10:44":

Thanks

Reply to the comment left by "Mary Latham" at "27/07/2013 - 10:44":

Just returned from holiday and my landlord has issued possession proceedings!!!! How can he do this???? I have done nothing wrong except ask for certificates that he should give me by law. Feel let down by the whole system. He only protected my deposit on 9th July after numerous emails requesting this and the gas safe certificate which was issued on 19th June I moved in on 1st march. It's disgraceful that he can get away with treating me and my very sick daughter like this. The misery and stress he has put us both under in shameful, but, he's going to get away with it. He's done it to all his tenants which I've only just found out. I'm going to fight this on pure principle as I've done nothing wrong and he should not be allowed to treat people like this. Need urgent help

Reply to the comment left by "Anthony Altman" at "18/07/2013 - 18:41":

May I say everything is what it seems on this occasion I have done absoutley nothing wrong

Reply to the comment left by "Louise Mac" at "28/07/2013 - 07:26":

I'm a bit confused by this post Louise, are you going to let him get away with it or are you going to follow the excellent set of procedures and protocols which Mary has so generously and expertly laid out for you step by step?
.

"He will no doubt be forced to give you compensation of up to 300%"

I'm not debating the rights and wrongs of this but I would like to point out to Louise that there certainly *is* doubt that he will be forced to give you compensation.

There are many expensive slips and trips you could make along the way, it is not a straightforward claim (perhaps for good reason?). Even if you did succeed, it is likely the award would be at the lower end of the scale as the deposit has now been protected.

Perhaps consider using a company offering a conditional fee agreement
- but be very wary of who's interests they are really acting in. Messrs Dodson and Fogg spring to mind.

Reply to the comment left by "Mark Alexander" at "28/07/2013 - 09:49":

Mark I think what Louise is saying is that yes she will fight him - good for her - but that in the end she will lose her home simply because she has asked this landlord to work within the law. Forgive me Louise if I've got that wrong.

This appears to be a classic case of retaliatory eviction and it is the reason that local authorities, NCAB and Shelter keep calling for S21 to be withdrawn. We are the only country in Europe where there is a "no fault" eviction process. If we did lose S21 it would have a major impact on good landlords and may even prevent many people from investing in property to let. The bad landlords will not be affected at all because they will illegally evict tenants as many do now. I would like to see major changes to the eviction process to make it work for good landlords and good tenants.

In my opinion a landlord should be able to recover his property within 6 days of the 8th week of rent arrears - this means that landlords can begin the process the day after the first rent payment is missed by lodging evidence with the Court. On the day after the second payment is missed the Court should grant a 28 day Eviction Order. Where there is sever anti social behaviour a similar process should be used substituting the date of the first event for the date of the missed rent payment etc.

Where a landlord NEEDS a property back he should prove the need and be given an Eviction Order for two months after the evidence has been lodged with the Court.

There should be no possibility of retaliatory eviction because a landlord should not be able to ask for a Court Order unless he can prove one of the above. If the landlord is trying to remove a tenant for no good reason and intends to relet the property immediately he would struggle to prove the need to recover possession.

Neither private or social tenants can have complete security of tenure because there may be good reasons why the landlord needs to property back. Tenants should not live in fear of being evicted because the landlord has failed in his legal duties and by pointing this out they are risking losing their home.

Both private and social landlords are every bit as much victims of the Possession process as tenants and its time to update the law to reflect the needs of all parties in the 21st century. The starting point must be to protect good tenants and good landlords and deal with the bad ones on each side quickly.

Louise what help do you need?

Reply to the comment left by "Mary Latham" at "28/07/2013 - 11:53":

Hi Mary thanks for the great advice we I have fully understood. I'm so angry that he can do this to me it took me and my daughter 7 months to find at his property as its so perfect for her needs. I was a little confused by all the comments. The landlord filed the possession order on 12th July, that's 4 days after he said he wanted me out. My tenancy agreement doesn't even end until 31 August . I feel very very angry as there isn't a law in the land that can protect me against this. What has troubled me the most is he knew how sick my daughter is and the stress of moving will be unbearable for her and he knows it. I just can't fathom out to why he is doing this. But then again that's what he has done to previous tenants. It's not about claiming for compensation, it's about principle now. I will not be rushed into moving out, I can't it will be detrimental to my daughters health. I have every single email that proves he's a liar and I want to show the judge this at the hearing. The worry is unbelievable. He's already advertised his property to rent again from 1st September is he allowed to do this? I would like to talk this over with you as I need to get this 100% correct. I can't and won't let him put another family through this it's so wrong on many levels

Louise Please email Mark and ask him for my phone number. I am around from midday tomorrow and if you call me I will call you back.

In answer to your question NO he cannot relet the property until the Court has granted him Possession - clearly he has no idea about the legal process. He also cannot insist that you allow him to show prospective tenants the property - your legal right of "quiet enjoyment" overrides his right of entry unless there is an absolute emergency and he can prove that he needed access - this would not include carrying out viewings. As I said above change the locks.

A Section 21 Notice must give your at least 2 months notice and if he served it on you and can prove that he did the court cannot grant Possession until 2 months after the date of the Notice and the earliest - as I said above you can ask them to grant you up to 46 extra days because of your circumstances.

You will have been sent paper from the court that explain how you can defend the Notice. Keep it simple the court will not take account of any other issues than those that relate to the legalities of the S21. Your defence is

The Landlord has not complied with Section 213 of the Housing Act 2004 as amended in the Localism Act 2011 in that the Deposit was not protected within 30 days of receipt. The deposit was paid on x March and the deposit remained unprotected until 9th July more than 3 month after the legal deadline. The landlord was still holding the full amount of the deposit at the time of service of the Notice and to date and The Section 21 Notice is therefore not valid.

Louise if the landlord has not provided you with the Deposit Protection Certificate and Prescribed Information for Tenants also add

Neither the Deposit Protection Certificate nor the Prescribed Information for Tenants has been provided to me by the landlord

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@Louise,
The above is very good advice from Mary.

The following is irrelevant to your case.

@Mary,
"We are the only country in Europe where there is a “no fault” eviction process."

I think this is incorrect (depending on your interpretation of "no fault").
Monaco, Bulgaria, Macedonia, Czech Republic* and others all have similar or easier eviction processes.

Sorry to be pedantic, but you are very well respected and listened to and your words are taken as 'Gospel' by many- usually they are.

*Happy to be corrected by any local expert.

Reply to the comment left by "HB Welcome" at "28/07/2013 - 18:06":

Really do not understand "your word taken as gospel" I do not lie and this is the truth. I have numerous emails proving this. My main and only concern is my daughters well being not anything else.