Section 21 notice and awful lettings agent!!!!!!!

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    Section 21 notice and awful lettings agent!!!!!!!

    Hi
    I'm new to this forum and just need some honest advice as it's driving me mad.

    My fiance and I have had issues with our arrogant, lazy lettings agent from day one. We signed up for a 6 month tenancy agreement for a beautiful flat and moved in blinded by the location and decor. After the furniture had been removed it looked a little different, dirty marks on walls and a general lack of upkeep, it just looked tired, so I was on the phone to the lettings agent from Day one. There is a leak in the ceiling that has now had 4 different contractors have a look at it and still nothing has been done, wallpaper is hanging of the ceiling. I'd also asked to be provided paint to freshen the walls up myself, still hasn't been provided, there was a leak under our bath but the lettings agent is so unorganised it was a joke getting that sorted and now there are tiles missing on the bath panel that were due to be replaced, still haven't been done. I have been on the phone to the lettings agent so many times which I don't think is unreasonable considering the amount of rent we're actually paying for the place is it too much to ask for things to be done efficiently? My fiance and I work full time.

    Anyway......Our rent is always paid on time without question, 6 months have passed and we have now been served a section 21 notice for the landlady to gain possession apparently to carry out the repairs as its easier to do so whilst its vacant. I have now discovered that the flat is back on the market being advertised for rent on the date we move out and for more money. Can the lettings agent and landlady do this? Serve a section 21 notice for possession and then put it back on the market for more money, we have done nothing wrong and have paid on time and just wanted some repairs carried out but the letting agent clearly does not want the hassle, i'm concerned that they will try holding some of our deposit monies back because they thought we were a pain. Is there anything I can do to claim compensation in paying for a flat where no repairs have been carried out in a 6 month period. We are on the top floor of an old period building, so leak from the ceiling is from the roof of the block. They also didn't ask if us about a rent increase. Thanks.

    #2
    Yes they can - you had a contract for 6 months, once that 6 months is up, there are no guarantees unless you too want to commit to another fixed term - and that would be at the landlords discretion. HOWEVER the section 21 notice does NOT oblige you to leave on expiry. If it is valid, you'd be wise to do so due to potential court costs for staying, but all the s21 notice does is tell you that the landlord can go to court for possession after that date. If the agents have someone wanting to move in but you're still there - that's their problem not yours.

    Comment


      #3
      The LL has no obligation to 'freshen up' paintwork or provide paint for you to do so. The level of disrepair is nowhere near serious enough to contemplate a claim for damages for disrepair; also, the LL may be dependent on the freeholder carrying out repairs to the roof/block. It can sometimes be very difficult to find the source of a minor roof leak; it could be, for example, one cracked tile amongst many, and the water may travel from the point which is leaking so it's not necessarily a simple case of the cracked tile being directly above the ceiling leak below.

      As Snorkerz says, the s.21 notice doesn't oblige you to vacate at notice expiry. If you are in occupation at fixed term expiry, and you haven't signed a new fixed term contract, then a statutory periodic tenancy will automatically arise under s.5 Housing Act 1988, replacing the expired fixed term tenancy. In other words, your tenancy would effectively continue, under the same terms as now (although, when a tenancy is periodic, the LL may serve notice to increase the rent - the T can challenge it, however).

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