L served Notice to Quit, effective at once, but no s.21

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  • L served Notice to Quit, effective at once, but no s.21

    Hi all,

    I have been given notice to quit without a reason. My LL says I have a 2 month statutory period in which to move.

    I previously posted about the condition of the property last year, http://www.landlordzone.co.uk/forums...ight=rent+book

    The LL has nearly completed all the repairs to the property that the Council ordered him to. I now feel that he is evicting me because of this and that he can move another tenant in and charge them more for doing what should have been done before I moved in, that is making the property habitable.

    In his letter of 'Notice to Quit' he says the deposit will be paid one month after I vacate the property, does he have a legal right to withhold the deposit?

  • #2
    Originally posted by alangwd View Post
    In his letter of 'Notice to Quit' he says the deposit will be paid one month after I vacate the property, does he have a legal right to withhold the deposit?
    Only to make good any damage that you've caused (other than fair wear and tear). Or possibly to cover any unpaid rent.

    Peter

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    • #3
      Thanks for the quick reply PCwilkins.

      The property is in far better condition now to when I moved in. I have put shelving up in the kitchen and one of the bedrooms of which I will take down and fill in any holes.

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      • #4
        One other question I have just thought of is: Can the LL give me Notice to Quit without any reason?

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        • #5
          Via a section 21 yes

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          • #6
            In the letter there is no mention of a section 21.
            The letter read as follows:

            "
            Notice to Quit

            I regret to inform you that your tenancy agreement for the above property has been terminated with immediate effect and that you are required to vacte the property.

            You have the statutory right to remain in the property for at least two months from the date of this notice however rent would be payable up to and including the day we take actual possession. i would take this opportunity to remind you that there is currently no tenancy apgreement in force and that your tenure is on a periodic basis. I look forward to your prompt co-operation in this regard and trust that formal action will not become necessary

            You rdeposit will be refunded within one month form when you vacate the property for which we will require a forwarding address."

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            • #7
              You could wind him up.

              How about a letter along the lines of

              Your letter of ........ does meet the statutory requirements of a notice to quit, and I therefore will not be acting on it. I will take this opportunity to remind you that there is a tenancy agreement in force. I look forward to your co-operation in this matter and trust that I will have no need to take formal action.

              You are also reminded that attempting to enforce an eviction through any means other than a court order is a criminal offence which can carry a prison sentence. If you do attempt to illegally evict me I will not hesitate to contact the relevant authorities.

              Yours sincerely

              etc.


              Sending it a week or so before he expects you to move out to cause him the most grief.

              I'm not a lawyer, so don't just take my suggestions at face value. I am often wrong.

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              • #8
                Thanks Imp, the only tenancy agreement I have is the original one which ran out in June 2006.

                You say "enforce an eviction through any means other than a court order is a criminal offence which can carry a prison sentence"

                Is this correct?

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                • #9
                  Originally posted by alangwd View Post
                  Thanks Imp, the only tenancy agreement I have is the original one which ran out in June 2006.

                  You say "enforce an eviction through any means other than a court order is a criminal offence which can carry a prison sentence"

                  Is this correct?
                  Yes. Unless the statutory procedures (s.8 or s.21 of Housing Act 1988, for an AST) are followed, L breaches Protection from Eviction Act 1977.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

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                  • #10
                    Thanks for the confirmation Jeffrey.

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                    • #11
                      AND they're wrong in stating that there is no current Tenancy Agreement.
                      There is; it's a statutory periodic tenancy, under s.5(2) of the Housing Act 1988.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

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                      • #12
                        Again thank you Jeffrey for jogging my mind, I do remember something about this from my earlier post now you mention it.

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                        • #13
                          Originally posted by Imp View Post
                          You could wind him up.

                          How about a letter along the lines of

                          Your letter of ........ does meet the statutory requirements of a notice to quit, and I therefore will not be acting on it. I will take this opportunity to remind you that there is a tenancy agreement in force.
                          Re-reading your post Imp, I have emboldened 'does meet', should that say 'does not meet' due to the LL not including any reference to s21?

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                          • #14
                            Originally posted by Imp View Post

                            Your letter of ........ does not meet the statutory requirements
                            Re-reading the proposed letter, I noticed I missed out an important not

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                            • #15
                              Thanks Imp, very much appreciate all the time you and everybody else has given me!

                              Comment

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