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I’m hoping by posting this on here helps out anybody about to issue a section 21.
I’ve just been to court and had the case adjourned due to a technical issue. And due to it I’ve had to withdraw from court.
Issued the tenant with a section 21 back in July and it ran it’s course to September at which time I applied to the courts. This week I went to court and the tenant turned up with a last minute defence which due to her circumstances the judge allowed.
The tenant was issued with a how to rent guide back in October 2015 but when she went from the fixed 6 months period to a rolling contract I didn’t issue her with an up to date how to right guide (which I along with others I have since spoken to wasn’t aware was necessary).
The law around this issue is very grey and speaking with lots of legal professions they are not 100% that I didn’t need to do this. As my tenant has legal aid it was far too risky financially to carry on with the court case. I’m now faced with picking up the legal aid bill.
I’d love to carry this case on (but if I lose it will cost me a lot of money) in the hope to win it for all landlords in England to stop this happening to any other landlord. Until the Government re-write section 3 of the housing act 1988 more landlords will find themselves in my situation.
Thank you so much for posting this. I am going to issue a section 21 in the New Year. I have just checked the tenancy agreement and her tenancy went from 6 month to periodic at the end of October 2015. I did not issue a ‘how to rent’ at the start of the tenancy as it was not the law then. This is something I would not have thought about without having read your post.
Yet another trap for the landlord, something the government probably did not intend, dreamed up by layers who have nothing better to do but defend wayward tenants.
Did your tenancy continue as a statutory of contractual periodic? If the latter it is not a new tenancy but a continuation of the fixed term.
I have gone to court using the version of the How to Rent booklet which was current at the time of the initial contract with no problem but then I did not have a legal aid lawyer opposing me.
I thought new law wasn’t retrospective?
Mary Latham was correct about the storm ahead for landlords .
This is another first thought for me. The law is changing so fast that Solicitors / landlords/ judges haven’t got a clue what is going on. My Solicitor said the legislation was a mess . He could not believe that self contained rentals and HMO were using the same AST’s.
How do you handle a tenant who will not sign a new contract? You give him a S21 and have no rent for a year plus solicitor & court costs and even then they may not leave.
We are rapidly going back to the days of Assured Tenancies and the Rent Assessment Committee. To you NEW YOUNG landlords it meant (back in the day) you agreed a rent rate with your tenant. Sign all the papers together and then you get a letter through the post stating that your tenant has been to the Rent assessment Committee and your rent has been dropped by half. I remember those happy days.
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