Aibu about landlord notice/eviction

[Scared2BeHomeless]

Hi, I am single mum of 2DCs. My landlord hs notified me that he is selling the flat we are currently residing in and has given me a written notice to be out in 30 days.

I have spoken to Shelter and they advise that this is not legal and he needs to give me a Section 21 notice to evict me. I am also aware that my deposit has not been protected. I am a good tenant and there has been no arrears or dispute in the time I have been here (almost 2 years).

How do I go about telling the landlord that this notice is not valid? Council have advised that I must stay put through everything until landlord gets possesion from the court if I am to recieve help from them with housing.

Tbh, I am petrified. I have kept a cool calm demeanour throughout all contact with the LL so far, but I have a feeling he could get quite intimidating if rubbed up the wrong way. It seems he has done everything illegally.

Any advice and experiences of those who have been through similar will be gratefully recieved.

If you have an AST then he has to issue a Section 21 and give you at least two months notice. I received a Section 21 last week, so I've done some research.

www.gov.uk/evicting-tenants/section-21-and-section-8-notices

Sorry, forgot to add - once you receive your Section 21 you need to take it to your local council. They can't do anything to help you without it.

Keep talking to Shelter. He needs to give you 2 months’ notice for you to find somewhere else. I think that’s fair. If he hasn’t protected your deposit, he will have to give you it back but multiplied by 3, I think, but check with Shelter. I wouldn’t stay longer or make him get bailiffs round to remove you, that is fruitless and you need a reference for the next place. Get looking. You have 2 months, that is fair, IMO.

Yep illegal eviction.

Get some backup from shelter, council, citizens advice.

Request section 21 notice from landlord.

100% illegal, minimum is 8 weeks notice depending on the frequency you pay your rent.

He sounds like he shouldn't be a landlord.
Either way you are going to be out relatively quickly if he's selling up, have you started looking at other properties available?

He cannot get possession of the property until he issues court proceedings and obtains an order for possession. Once he issues those, you can defend the claim on the basis that he has not served the proper notice. A court will not grant possession of the proper notice has not been served.

Plus, if he hasn’t protected your deposit, he cannot serve a section 21 notice anyway, and he has to repay you your deposit, plus up to 3 x the amount of your deposit again.

This is one of the few areas where legal aid is still available, so contact a local housing solicitor - shelter will be able to refer. Or try the bar pro bono unit.

Bottom line - no need to panic just yet

Housing is so hard to come by. Not sure if it is the same now but it used to be that the Local Authority would not help until you had been physically evicted by bailiffs. An eviction notice wasnt enough. However by waiting for the bailiffs it looks bad on any future tenancies and puts off any future landlords.

He has done it incorrectly and you will be entitled to be there longer, but be clear you will have to move out OP. Good luck.

The posters telling you to look for alternative accommodation now are not giving good advice. Without a section 21 notice and without having protected your deposit, the landlord is going to struggle to remove you. Has he served the government’s how to rent booklet? A gas safety certificate? An EPC? All things he must do before he serves a section 21 notice. It’s for him to get this right, you don’t need to point out his errors or ‘ask’ for a section 21 notice - that’s bad advice.

I have been looking on rightmove/gumtree etc but no luck so far. He owns alot of properties in the area and hearsay is that he is involved in other dodgy things.

Sorry completely forgot the contract details - It is an AST but monthly periodic.

I am just so stressed about it all, my mental health is dire as it is - this has just tipped me over the edge.

No how to rent guide given, no gas safety checks since I have been here and no energy certificate given - but a gas man called to say he was coming round this week. I literally just have my 2 contracts, a signed receipt of my deposit and my ‘notice’ letter.

He's done two things wrong.

Firstly, the notice needs to be via a Section 21 giving two months notice.

Secondly (and this isn't something people generally know) he cannot give you any notice at all if he hasn't protected your deposit.

OP...it's really important to be aware that if he attempts to bully you into leaving in 30 days or harrasses you in any way, he is commiting a criminal offence....not civil, criminal. He could actually go to prison.

Send him a formal letter, short and to the point. If he kicks up any fuss at all contact the council.

I know it's really stressful, but the courts take attempts at illegal eviction extremely seriously. Tenants have been awarded thousands in compensation in similar circumstances.

There is an argument doing the rounds in the county court that if a gas safety cert and an EPC were not served at the start of the tenancy then a section 21 notice cannot be served at all, even if he subsequently serves the documents now. Look at nearlylegal.co.uk/2018/02/i-can-serve-gas-safety-certificates/

I agree with chocolush save for I don’t think you need to write to the landlord pointing all this out - doing that will only reveal your hand. You can sit back and wait this out, although obviously if he tries to evict you by force you must call the police straight away.

I speak as a property lawyer, in case you were wondering what random was giving you advice over the internet

how long have you been in the property as this will make a difference in the type of section 21 & some of the requirements -check crisis & shelter & ring them for advice.

That’s true - the tenancy needs to have been granted after 1 October 2015 for the EPC and gas safety requirements to apply, but not for the failure to protect the deposit.

The law will change again in October this year, and it won’t matter when the tenancy was granted.

Are you in NE London OP? I'm in exactly same position down to gas safety certify, and notice etc etc. I asked what deposit scheme my money is in and heard nothing back. Housing have said not to move on Notice date but wait for Bailiffs (3months)otherwise its viewed as making yourself 'intentionally homeless' & they won't help. The housing officer also said if there is no Energy Certificate it's illegal to evict, but they've ignored her letters too. I'm dreading Friday (Notice day).

Tenancy started in 2016. So do you suggest that I just carry on living here as normal up until the his given date of eviction and then ring police if he tries to forcefully remove me on this date? I have kept a timeline of all communications/messages as evidence. What should I say if he calls me in the meantime?

Thanks for your advice all.

I am in Birmingham.

As he hasn't protected your deposit, he can't issue a section 21. It's going to be a nightmare for him to get you out. Stay put. There are draft letters on shelter you can use.

So sorry you are going through very similar @CSIBlonde. I wish you luck for Friday. My nerves are shot from all this! Please report back on what happened if you can.

Yes, just stay put, don’t leave on the date specified in the notice. If he asks, tell him that you don’t believe he is entitled to possession of the property because he has not complied with the formalities. If he turns up to actually evict you, call the police. But I doubt he will unless he’s really really dodgy - most landlords know they have to go to court before they can physically evict you.

Best of luck OP