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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69253
Experience:  Over 5 years in practice
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we re a family with 3 children, we have rented this house for

Customer Question

we re a family with 3 children, we have rented this house for th east 2 years and always paid the rent unctually, when it came towards the end of the tenancy the landlord offered to extend but wanted to raise the rent., we offered a 10% uplift from 2,000. He initially refused saying he wanted £2,500. I told him we couldn't meet that. He then wrote and accepted our offer and the agents drew up the extension document. in the week ending th 7th March the landlord began to behave erratically and on the Thursday called me and screamed abuse, telling me to sign the document straight away or face a Section 21. My partner and I took advice from Hamptons and decided to sign as that was what we'd agreed to do.. the following week th eLandlord had not signed but instead made demands for a further £300 pcm additional rent.. we refused to accept that and he has now issued a Section 21. For the first 18 months he was a reasonable landlord, after that he began to avoid our calls, we reported the fireplace in our lounge as not working last October/November it is the only source of heating in the lounge.. he never repaired it.. there are other repair issues but could you tell me if we have any claim against this very nasty fellow?
I really hope we do and am especially concerned about recovering our deposit
Yours faithfully

Jonathan Dodd
T: 07956 956 955
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is the issue the tenancy renewal or the repairs?
Customer: replied 2 years ago.

Well, obviously we understood he would do the rears but when the renewal clerk at the Agents (not managing) asked him that question he went berserk !. called me and screamed abuse.. not directly at me but at the situation, told me we had to sign by the 7th or he's Section 21 ( new phrasal verb there!) us.. well as we'd agreed to sign and the agent suggested it would be helpful, we did.. so We are now quite shocked, we are not prepared to move, we thought he'd agreed to a further 12 months and even signed th extension.. the S21 is 2 months from 28th March. The issue he has invented since we signed the document on 7th is that a member of my household who he admits he has been aware of since we moved in in 2012, is staying with us, plus our Aupair. he is using it as an excuse to try and prise an extra £300 pcm out of us on top of the agreed uplift !


Customer: replied 2 years ago.

did you receive my response?


Expert:  Jo C. replied 2 years ago.

Unfortunately, as he has not let you have a new agreement signed by him you are still under the old one, he can serve you a section 21 notice to quit in two months time regardless of the reason. He does not actually need to have a reason.

It would be worthwhile checking the dates on the section 21 notice to make sure that they are correct because dates on section 21 notices are extremely important.

You will find this interesting with regard to the dates from which you will see that it is a minefield.

Over 50% of section 21 notices are defective and if when the landlord applies to court for an order for possession the notice is defective, it gets thrown out and he has to start all over again.

All that will do however is buy you some time.

You are entitled to compensation from the landlord in respect of the failure to repair although that is obviously a separate issue for you to take him to court over.

If you did not get tenants deposit scheme details at the outset of the tenancy, his section 21 notice is not valid! And he is going to have to make a separate application to give you notice and evict you outside the section 21 procedure.

If he decides to withhold any deposit from you, you can obviously file deposit dispute with the Tenant Deposit Scheme.

If he did not protect the deposit, you can sue him for three times that deposit

Can I clarify anything for you?

Customer: replied 2 years ago.

I believe we are now in a "periodic"" tenancy which is what it becomes once the term of the original expires? the Agents sent us a S21 which arrived in the post last Saturday morning. the notice says " we give you notice that we require possessionn of the dwelling house known as Hollyhocks etc.. after the expiry of this notice.


This notice expires on 27th May 2014. (our normal rent day is 28th of each month). so is that wrong then?


This guy is really very silly he has tried to squeeze us for extra over what he agreed because he is greedy. When we thought all ewas agreed for renewal/extension, we booked a trip to visit my artiness family, we will be away from 05 to 25th April and so the first month of the S21 notice period we'll be away, on out r return we will look for alternative accommodation. Are we able to challenge the vacation date as he has been so unreasonable? for instance if he seeks a possession order can I challenge it on the basis if breach through failure to carry out repairs ( heating being the principal) and also misleading us into signing the extension and then attempting to extort a further £300 pcm on top after?..

Expert:  Jo C. replied 2 years ago.
The notice does appear to be valid.

He can be as unreasonable as he likes, and he can fail to repair however they are not grounds to dispute the section 21 although they may be grounds to sue him for breach of covenant for quiet enjoyment and also failure to repair.
Customer: replied 2 years ago.

Thanks Jo C, I presume breach of covenant and failure to repair are County Court type procedures which I could bring about without having to hire an army of your folk !.. and sorry but if we refuse to leave on the 27th May, in reality we will be looking todo so but how long minimum will it take him to get an Order?

Expert:  Jo C. replied 2 years ago.
Breach of covenant for quiet enjoyment and failure to repair our County Court type procedures and there is no reason why you cannot do them yourself with a little bit of research.

He cannot apply to court until after the notice has expired and the timescale then really depends on the court loading but it would certainly be weeks not days.

The first thing that he applies for is an order for possession. If he gets that order, and you still do not move out, he then makes a further application for a warrant of possession whereby bailiffs, and physically throw you out if you do not move by a particular date.

I have known clients spin this out for months although you will be liable for the cost of any court application so do try to avoid the whole thing going to court or even him applying to court
Customer: replied 2 years ago.

Thank you very much Jo C.. and finally does his address on the S21 have to be correct? I have a feeling it is his old address? if the S21 is therefore out of order, I don't mind kindly pointing that out so the replacement S21 would come after renewal date and thus expiration be 3 months hence? I am not really interested in playing this out but more so in finding a decent alternative which ticks the boxes !

Many thanks


Expert:  Jo C. replied 2 years ago.
It should be the same address as on the tenancy agreement or it should be an address where you can actually serve documents that he will get.

Don't point any defects out now otherwise he will simply reissue the notices.

If you are not ready to move out by the time the court hearing goes ahead, you can raise the issue of the address then when you have more information.

It is not normally sufficient to invalidate the notice
Jo C., Barrister
Category: Law
Satisfied Customers: 69253
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile

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