Evicting a tenant with a valid Section 21 (S21) notice

[@olliecooper4232]

This is useful, but does not explain if the landlord does not protect the deposit then what happens then? Does it go to court and then the judge order the landlord to pay back the costs, then the landlord has to issue another section 21? Would be useful for more clarity here please

[@davidwilson2248]

Can a landlord issue a section 21 to a tenant that as not defaulted on there payments at all. His letting agent HSBC are saying he want to sell his property because he as health issues.

[@FreshOutofJail]

I had a question. My landlord has just back from holiday and says he wants the rent increase and a new tenancy agreement. I’ve been in the property for over a year… however he’s the mess. 1. I cannot afford a new rent increase - so 1a. Landlord Not secured my tenancy deposit 2. No gas electric certification for past 12 months - even with repeated written/texted requests and calls. 3. No Section 13 notice to increase rent 4. WhatsApp proof of refusal to do work. 5. Photos of myself being an exemplary tenant. Fixing boiler, fixing fences, decorating property. 6. Previous tenants statement to say landlord not given an energy gas certificates for 5 years 7. Previous tenant statement of gas leaks in property and complete disregard for health and safety in 5 years. Me and my landlord are set for warzone. I spoke to council and they have said my landlord is breaking the law in all ways. I also now have come into a financial predicament- wife has had baby and she’s no longer working. So we cannot afford the energy costs and rent. I have applied for housing today and need Advice on how to move on with my family and kids (3).

[@WrighthassallCoUkLLP]

Many thanks for your comment. I'm afraid we cannot give advice on KZbin, but if you can email us we can pass your query to one of our lawyers: [e-mail]

[@FreshOutofJail]

@@WrighthassallCoUkLLP is your service pro bono?

[@WrighthassallCoUkLLP]

@@FreshOutofJail I'm afraid not.

[@Mobile-pd1uc]

I've recently bought a house via auction which is tenanted. The tenant isn't replying to my emails or WhatsApp messages. Also the legal pack states a few scary clauses unless these are normal? Also the property doesn't have a valid electric certificate ie last certificate says not safe/satisfactorily. The gas certificate is also expired? Not sure how the previous "company" that owned the property managed to get rental payments without adequate electricity and gas certificates. I bought the property to move into but now feel cheated as the "company" and their solicitors are not replying and the tenant isn't either? Any help or advice would be appreciate. Some clauses in the contract: 4.The Buyer shall not require the Seller to supply original tenancy agreements, or other similar related documentation, on completion and the Buyer shall not be entitled to raise any requisition or make any objection in relation to any occupier or tenant of the Property. 5 The Buyer shall upon completion pay to the Seller the full amount of any rent due under any tenancy agreement that may exist, and which is in arrears at completion and the purchase price of the Property will be adjusted accordingly. 6 The Buyer shall indemnify the Seller against all liabilities, costs, demanded moneys, expenses and claims whatsoever incurred under any tenancies, deposits, or supplemental agreements relating to the Property. 7 The Seller gives no assurance or warranty that any deposit required to be protected by a Tenancy Deposit Scheme is either held or complies with the requirements set out in the Housing Act 2004 (“the Act”) and the Buyer shall raise no requisition if it finds that no deposit exists or the deposit does not comply with the Act. 8 The Buyer will be responsible for refunding the rent deposit for any tenancies which may exist whether or not the deposit has been paid into a Tenancy Deposit Scheme. 9 The Buyer shall not be entitled to any allowance, retention or price reduction in relation to any rent deposits and shall not require the Seller to assign the rent deposit. The Buyer shall not be entitled to raise any requisition or enquiry in relation to any rent deposits or in relation to any connected matter.

[@Neilukuk]

Did you manage to get in contact with tenant? Why did you buy a house with a tenant in if you were going to move in it? They could've had a 12 months tenancy for all you know.

[@jetsetjourneysofficial]

what's the purpose of including the epc?

[@youtubeman5033]

Things like this just makes it harder for people to get into property, I had 27 people apply for my last rental, and I have a waiting list with at least 40 on it, I won’t even talk to somebody if they haven’t got a landlords ref, they say I’m living with my parents, I check everything and there’s usually somebody on the list I know, ,,somebody applied to me who was one of my brothers ex tenants ,,she went to the bottom of the list. Ps I don’t take deposits anymore it’s not worth the hassle and it makes it easier for the tenant

[@staedlerok]

27??? Wow. I wanted to get buy to let . Is it still worth it? Can you pls reply

[@thomaslatham5540]

My landlady is trying to serve a section 21 notice to all tenants except one. Is this allowed? It doesn't seem like claiming possession of the house as that one person would still be living here. Please help

[@IdeologieUK]

What happens if you get the gas and energy performance certificate, as well as the ‘how to rent’ booklet on the same day you receive the section 21 after renting hassle free for over three years? You say in the video that these should be given at the start? If a person receives an email containing the certificates, without any explanation for them, and then pops a section 21 through your door just minutes after, is that considered valid and proper service? The energy perf and gas etc were never supplied before. Would love your feedback...

[@WrighthassallCoUkLLP]

The legal requirement is that these documents are served on you at the start of the tenancy. From what you’ve said, it’s likely that you would have a defence to any possession proceedings that are brought but you should obtain independent legal advice as to your position. Please let us know if we can be of assistance.

[@IdeologieUK]

@@WrighthassallCoUkLLP thank you! 👍

[@justsomeone9267]

@@IdeologieUK What if the landlord did give those documents by hand at start of the tenancy & has copy for himself, but the tenant denies receiving them?

[@IdeologieUK]

@@justsomeone9267 then one of you is full of sh1t!

[@colettelaurent2484]

What if someone has been given that notice and tenants want to leave... can they leave without being liable for the 2 months notice ? Example s.21 served and tenants have 2 months to vacate the property are they liable for rent if they left before the 2 months ?

[@georgechristou7982]

Yes because they break their tenancy agreement.

[@xToXic7niNj4x]

Yes

[@pinstripebanditt]

hi ther not sure any one can help but how can I get my land lord to evict my next door neighbour who has been harrasing me for over 5 years and has also damaged my personal propperty iv tried contacting sit-in advice but was uncsuseful with the help they provide I live in a housing association flat and have been a victim of hate and bullying and I have been suffering with mental heath due to this my land lord have not felt with the problem please can some one advise me of free lead aid to help me get them to evict the evil people next door thank you in advance

[@devianadkar7969]

You have no right to evict your neighbours! What an absurd thing to say. Sounds like you are the issue which is why no one is helping you.

[@pinstripebanditt]

@@devianadkar7969 vict them I was looking for hellp and saport because I was being harassed by them kicking my door open putting dog poo in my bins and throgh my letter box coming to my door in the middle of the night shouting throgh the letterbox while im sleeping

[@devianadkar7969]

@@pinstripebanditt there must have been a reason. No one suddenly starts putting poo through a neighbours letterbox. Hopefully things are better now. Do you not have any family or friends?

[@lancethrust9488]

@@pinstripebanditt SOME PEOPLE ARE MENTAL , MAYBE BEST TO FILM THEM SECRETTLY THEN GO TO THE POLICE , OR MOVE OUT , OR THINK OF SOMETHING SMART TO GET THEM OUT WITHOUT THEM KNOWING ITS YOU !!!!!!