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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience:  Over 5 years in practice
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My partner and myself have been tenants in an unfurnished flat

Resolved Question:

My partner and myself have been tenants in an unfurnished flat for round 15 years. we recently received a section 21 notice to leave by a new estate agent appointed by the landlord.Our tenancy deposit was still with the previous agents. We asked for an extension as really quite a shock and needed time. The possession notice was withdrawn but expecting another one this month. Just received a letter from the original estate agents asking us to sign a document to authorize transferring the deposit to the new agents.
Was the original repossession order legal? Can anew one be valid without us giving permission. We feel we have been badly treated and need more time as my partner is having medical treatment abroad.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of contract are you on?
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know whether there were legal possession proceedings of just the section 21 notice?
Customer: replied 2 years ago.

the contract is Assured Shorthold Tenancy Agreement and we received a section 21 notice to leave in 2 months. as mentioned that has been withdrawn but another is due to arrive etc

Expert:  Jo C. replied 2 years ago.
Thanks.
Sorry about the intervention above.
If this is an AST then they can serve a s21 notice at any time but cannot seek to end the tenancy before the term would expire unless they can prove breaches under s8.
They do not need your permission to serve a s21 notice. It is a right of a landlord.
They will not be able to get you to leave earlier than the AST expires though.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

The AST is only a 2 month contract but because of the tenancy deposit situation ie our deposit is still officially with the previous agent of 15 years and awaitng our signature to transfer it, does that impact on the situation atall? if we cant negoitate more time because of my partners medical condition, could we apply for a court order to delay leaving till he recouperates?

Expert:  Jo C. replied 2 years ago.
No. Not if the AST is for 2 months.
The deposit does not affect that.
Obviously it should be secured in a Scheme and failure to do that impacts on their rights to serve a s21 notice but that is not what you are describing.
A changeover between agents would not vary on AST
Customer: replied 2 years ago.

isn't it good practise and polite to notify tenants that an agent is changing? seems rather unfair to serve a s21 on long term tenants without warning especially when they live next door. If we dont sign and authorize the transfer of the deposit to the new agents does that mean anything, or does it just hold up us receiving the deposit back when we leave? Do we have any rights atall or is it simply relying on the goodwill of the landlord who now knows about my partners health and might give us more time to find new place etc

Expert:  Jo C. replied 2 years ago.
Yes, it would be but failing to do so doesn't mean that they can't serve a s21 notice I am afraid.
Customer: replied 2 years ago.

sorry for delay in reponse, so basically are you saying that legally the tenancy deposit still being with first agent till we authorize transfer in no way effects the landlord serving an S21. And its really down to personal negotiation with him as to whether we can extend living here for a bit longer till my partner is stronger and ready to move.? seems very weighted to the landlord. thanks.

Expert:  Jo C. replied 2 years ago.
Not if is secured in a scheme. As long as it is the s21 notice can be served.
Obviously it does take time to evict you.
Jo C., Barrister
Category: Law
Satisfied Customers: 70508
Experience: Over 5 years in practice
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