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Legal matters

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Section 21

5 replies

yosemite78 · 08/04/2023 09:39

I posted a while back about my elderly mother’s massive rent increase. She appealed the proposed new rent with rent tribunal who in January determined a much lower rent than LL wanted. Since then, she assumed LL accepted the figure as he did not appeal rent tribunal decision. She has been paying new rent for last 3 months. However, on Thursday she was given a section 21 notice to leave in 2 months after a tenancy of 33 years! He still believes property is worth more than rent tribunal determined. Does she have any rights? There’s no way she could move in 2 months!

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prh47bridge · 08/04/2023 10:34

The government has said that it intends to abolish Section 21 "no fault" evictions. Unfortunately, it has not done so yet, so I'm afraid she doesn't have any rights provided the notice is valid - take a look at How to check a section 21 notice is valid - Shelter England - Shelter England. If it is valid and she doesn't leave by the end of the notice period, the landlord can go to court to get her evicted. This takes time, so I wouldn't worry too much if it is going to take a little more than 2 months for her to move.

Shelter icon

How to check a section 21 notice is valid - Shelter England - Shelter England

Find out how to check if the section 21 eviction notice served by your landlord is valid. You can challenge an invalid notice in court and stop the eviction process.

https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid?gclid=Cj0KCQjwocShBhCOARIsAFVYq0jnMZ61VDtoGHa3dcUD7ZevzQNI_G9ysEFhmHAYgM_xALikk8y0cS0aAnEmEALw_wcB

Rebelxwing · 08/04/2023 10:45

Would her tenancy be protected as it started so long ago? I am not sure of the exact dates and it could be border line, but worth checking.

yosemite78 · 08/04/2023 12:44

@Rebelxwing unfortunately not.

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yosemite78 · 08/04/2023 12:45

@prh47bridge thanks, I think it is valid but we will seek legal advice asap.

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yosemite78 · 08/04/2023 12:47

I feel like she should be protected as rent tribunal determined fair rent but landlord is being greedy

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