Section 21 Notice

2

Comments

  • WutheringWuthering Posts: 1,071
    Forum Member
    ✭✭✭
    evil c wrote: »
    That's a very offensive thing to say and I take exception to it. You're breaking forum rules. I've already been attacked without reason by one poster recently and they have now been banned. Did you not read my two posts #11 & #14?

    If you've already been "attacked" maybe you need to examin your posting style. Picking a helpful post apart isn't going to earn you many friends.
  • chenkschenks Posts: 13,231
    Forum Member
    ✭✭
    Wuthering wrote: »
    If you've already been "attacked" maybe you need to examin your posting style. Picking a helpful post apart isn't going to earn you many friends.

    how about you just stop calling people arseholes.
    that would be a good start.
  • tim59tim59 Posts: 47,188
    Forum Member
    Morgsie wrote: »
    He turned up with his wife unannounced and is still adamant that I have a month and he could move me against my will once I explained the section 21 is for 2 months, he thought it is 2 month after 2 years. I have had no notification where the deposit is even though it is protected. I have to clean by Saturday which I am doing

    Went to Housing, they moved me upto the next band and filled in forms where if I could cope with homelessness (NO) and the usual details including how my aspergers, anxiety, depression and schizoid personality disorder affects me. They are going to speak to him next week and I may go back to Housing. IF he is adamant I may go up to the next band

    This is making me ill

    Any form of landlord harassment or a landlord trying to pressure you into leaving is a criminal offence and the police can be involved, he cannot force you to move against your will, for a landlord to be able to legally evict you he MUST do it though the courts.
  • LakieLadyLakieLady Posts: 19,721
    Forum Member
    ✭✭
    tim59 wrote: »
    Any form of landlord harassment or a landlord trying to pressure you into leaving is a criminal offence and the police can be involved, he cannot force you to move against your will, for a landlord to be able to legally evict you he MUST do it though the courts.

    Don't councils have a duty to deal with landlords who are harassing tenants? They used to.

    Ring the housing department and tell them what's been happening, OP.

    I totally get how this is making you ill. Do you have a CPN or care co-ordinator? They may be able to put some extra support in place while this is going on. Or you could contact the crisis team for help.
  • tim59tim59 Posts: 47,188
    Forum Member
    LakieLady wrote: »
    Don't councils have a duty to deal with landlords who are harassing tenants? They used to.

    Ring the housing department and tell them what's been happening, OP.

    I totally get how this is making you ill. Do you have a CPN or care co-ordinator? They may be able to put some extra support in place while this is going on. Or you could contact the crisis team for help.
    Yes i think they do have a duty.
  • Tom_BasilTom_Basil Posts: 982
    Forum Member
    ✭✭
    Do you have a social worker considering your mental health?

    A duty social worker?

    This will be a strain for anyone, but considering your autism etc you could do with some added help.
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    Thank you for the help and giving me pointers to go to various agencies. I don't like the bickering.

    I cannot go to CAB as I am arranging an interview to Volunteer with them. I am under the Mental Health Access team and I am meeting a support worker next week where I will be telling him everything.

    Had a GP's appointment today, I needed a sick note for ESA and my GP is going to write a letter listing all the diagnosis and asking for help. He can't explain that being Homeless will cause all sorts as that is a matter for different agencies.

    I have been tidying up as my Landlord is coming tomorrow. He wanted to know what was said during my Housing appointment, told him that they are processing it. The Housing advisor who I saw is on the fence as to move upto a higher band
  • gillypandagillypanda Posts: 13,963
    Forum Member
    ✭✭
    Morgsie, it is tough for you but you must stay put in your home. There are very strict rules about evicting tenants and your landlord is not abiding by them.

    I know lots about this as I had to help my friend last year. Don't let your landlord bully you, he is in the wrong. Stay polite but don't offer to lie or to leave early.

    As others have said, the only people who can make you leave are the courts, and it is extremely difficult for your landlord to get a court order, as the timings of the dates of letters and how they are worded is crucial.

    I have a son with the same medical conditions as you, so I know how you must be feeling and how difficult it is for you. If you want some outside support then please send me a private message and I'll try to help you. Good luck!
  • tim59tim59 Posts: 47,188
    Forum Member
    Morgsie wrote: »
    Thank you for the help and giving me pointers to go to various agencies. I don't like the bickering.

    I cannot go to CAB as I am arranging an interview to Volunteer with them. I am under the Mental Health Access team and I am meeting a support worker next week where I will be telling him everything.

    Had a GP's appointment today, I needed a sick note for ESA and my GP is going to write a letter listing all the diagnosis and asking for help. He can't explain that being Homeless will cause all sorts as that is a matter for different agencies.

    I have been tidying up as my Landlord is coming tomorrow. He wanted to know what was said during my Housing appointment, told him that they are processing it. The Housing advisor who I saw is on the fence as to move upto a higher band

    Is it possible that when the landlord comes on saturday you could have a friend or someone there with you, that might make things abit easier for you.
  • realwalesrealwales Posts: 3,110
    Forum Member
    ✭✭✭
    I am a landlord. Some facts:

    1. A Section 21 Notice gives you TWO MONTHS to vacate the property. There is NO ADVANTAGE to you lying about this, so don't do it!

    2. Your deposit HAS TO be registered with one of three government protection schemes, unless your tenancy started before 6 April 2007.

    3. If a landlord or letting agent does not both protect a tenant’s deposit and provide the tenant with the prescribed information within 30 days then they have no right to regain possession of the property under a Section 21 notice, unless the deposit is first repaid. A court can fine the landlord between one and three times the sum of the deposit.

    4. If your original tenancy agreement has expired, you are legally on a 'rolling tenancy'. This does not affect your legal rights.

    5. The landlord has no right WHATSOEVER, under ANY CIRCUMSTANCES, to use force to remove you. In short, the procedure goes something like this: Application to court, court order for you to leave (usually an extra 14 days), court bailiffs (there's usually a waiting time of several weeks).
  • evil cevil c Posts: 7,833
    Forum Member
    Morgsie wrote: »
    I don't like the bickering.

    Sorry Morgsie. I shouldn't have reacted to Wuthering's initial post. Back on topic I hope that the meeting with your support worker resolves the landlord issue to your satisfaction.

    However I think before that and before the landlord visits you if possible that you should go and see the CAB and tell them that your landlord is harrassing you and attempting illegal eviction. If you do not have time to pay them a visit then at least phone them. That you are applying to train as a voluntary advisor is irrelevant.

    As this type of thing is all too common, it will increase your chances of becoming an advisor if you know how to access the resources to help other people in your situation. Experience is everything. I know this having been a voluntary adviser with the CAB myself. Alternatively if you didn't phone the Shelter helpline then you should now do this urgently instead of the CAB if that makes you feel easier in your mind. But please contact one or the other.

    I agree with tim59 saying it might make it easier if you had a friend or someone with you when the landlord comes, to act as a witness. If you live anywhere near me then I would be willing to do this and also to record what is said.
  • WutheringWuthering Posts: 1,071
    Forum Member
    ✭✭✭
    chenks wrote: »
    how about you just stop calling people arseholes.
    that would be a good start.

    How about people like I said it to stop acting like one?
  • WutheringWuthering Posts: 1,071
    Forum Member
    ✭✭✭
    I do apologise for the arguing, Morgsie. It was wrong of me to take away from the focus of the thread.

    I again wish you all the luck in getting help. Your landlord is scum.
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    Thank you

    Place is tidy but the Landlord did not come today so I have been fretting and panicking
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    Sorry for the bump but he came round today and told me that my room is better and wants me to pack as he trying to get me out this week.

    He wants me to go to my mothers who is another part of the country and problematic and is bringing a local paper to see if there are rooms available.

    Another trip to Housing tomorrow
  • RandomSallyRandomSally Posts: 7,071
    Forum Member
    Morgsie wrote: »
    Sorry for the bump but he came round today and told me that my room is better and wants me to pack as he trying to get me out this week.

    He wants me to go to my mothers who is another part of the country and problematic and is bringing a local paper to see if there are rooms available.

    Another trip to Housing tomorrow

    Keep a note of everything he says to you regarding wanting you out. Exact times as well. He has no right to do that to you. Good luck x
  • gillypandagillypanda Posts: 13,963
    Forum Member
    ✭✭
    Morgsie wrote: »
    Sorry for the bump but he came round today and told me that my room is better and wants me to pack as he trying to get me out this week.

    He wants me to go to my mothers who is another part of the country and problematic and is bringing a local paper to see if there are rooms available.

    Another trip to Housing tomorrow

    Morgsie, he cannot do that, he has no right. There are rules that he has to abide by as a landlord. Please don't let yourself be bullied out
  • LakieLadyLakieLady Posts: 19,721
    Forum Member
    ✭✭
    Morgsie wrote: »
    Sorry for the bump but he came round today and told me that my room is better and wants me to pack as he trying to get me out this week.

    He wants me to go to my mothers who is another part of the country and problematic and is bringing a local paper to see if there are rooms available.

    Another trip to Housing tomorrow


    Morgsie, he has NO RIGHT to say any such thing. You are vulnerable and he is a bully, trying to take advantage of you. He cannot legally get you out.

    Please, please, get help from a specialist housing adviser. I was a housing support worker until April, nine times out of ten a call from one of us to the landlord was enough to make this sort of crap stop. Once they knew a tenant was getting proper advice, they realised they'd have to toe the line.

    You also don't have to let him in, he can't come in without your permission (unless it's an emergency) and you should call the police if he gives you any grief.
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    He has new tenants arriving in September and he was saying if you were in their shoes you would like it
  • gillypandagillypanda Posts: 13,963
    Forum Member
    ✭✭
    Morgsie wrote: »
    He has new tenants arriving in September and he was saying if you were in their shoes you would like it

    That is his problem though. He hasn't managed your eviction correctly, and he's trying to bully you into leaving.

    The National Autistic Society has a brilliant helpline, are you able to use the phone and call them? (I know my son could not do that and I'd have to help him) 0808 800 4104 I'm sure they will want to help you as this is not right at all.
  • dosanjh1dosanjh1 Posts: 8,727
    Forum Member
    How can the OP prove the date the section 21 was served? Does the tenant have to sign it as accepted or does there need to be a witness?
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    dosanjh1 wrote: »
    How can the OP prove the date the section 21 was served? Does the tenant have to sign it as accepted or does there need to be a witness?

    My Landlord printed a section 21 template of the internet and filled it in with a pen giving a month not two. End of July to end of this month but he wants me out sooner
  • dosanjh1dosanjh1 Posts: 8,727
    Forum Member
    Morgsie wrote: »
    My Landlord printed a section 21 template of the internet and filled it in with a pen giving a month not two. End of July to end of this month but he wants me out sooner

    Did he write the date that it was served on it, I.e. End of July?
  • MorgsieMorgsie Posts: 16,215
    Forum Member
    ✭✭
    dosanjh1 wrote: »
    Did he write the date that it was served on it, I.e. End of July?

    Yes he did and wanted to me to lie about when I recieved which was on the day I started this post
  • dosanjh1dosanjh1 Posts: 8,727
    Forum Member
    Morgsie wrote: »
    Yes he did and wanted to me to lie about when I recieved which was on the day I started this post

    Get advise but I doubt a court would give possession and rule the notice invalid. I do wander though if he would have to start the process all over again if it is ruled invalid, I.e. You get another 2 months on top of the month he's given you and also any time taken to obtain possession.

    I suspect you may have the upper hand here and be able to extend your residency longer but as everyone here has said get proffesional advise.
Sign In or Register to comment.