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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have been in a property 5yrs. Repairing the property

Resolved Question:

I have been in a property for almost 5yrs. Repairing the property myself which the landlord refunds sometimes. He increase the rent last year with a month notice which I complied and ask him to do our bathroom which have a big hole on the floorand decoration. He asked me for a quote and later sent someone to come have a look.
I was waiting for him to do this repair for over 6months now. He just text me that he is no longer renting the house out again that he intend selling the house. Which I replied that how do I move my family of six in which my kids are in school.
He emailed me the tenancy act 21 and expect me to move out immediately.
I stopped paying the rent from this month as he promised to refund the new kitchen and back door I replaced. He was collecting the increased rent without fulfilling the promise he made to repair.
I have been living in this property like that.
I don't have any deposit for a new place now and my kids school are very close to us right now.
What are my opt?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.For now please let me know what type of tenancy agreement you have?Alex
Customer: replied 1 year ago.
I have a new agreement for one year starting August 27th 2015 to August 27th 2016
Expert:  Ash replied 1 year ago.
The reason is purely he wants to sell the property?
Customer: replied 1 year ago.
I am not sure. He increased the rent last year sept.
I request for home improvement
Now he says he want to sell.
My family issue should be considered as well.
We are not commodity that can be moved anyhow
Customer: replied 1 year ago.
That's what he claimed
Expert:  Ash replied 1 year ago.
But he is saying that despite you having a tenancy until August he wants you to move out now? Is your deposit protected?
Customer: replied 1 year ago.
No,
Customer: replied 1 year ago.
He wants me out now, so he could sell his property
Expert:  Ash replied 1 year ago.
ok - its good news then. He can ONLY get you out at the end of August 2016 when your tenancy ends. You have a right to be in until then.However he can not take ANY step (including S.21 notice) if the deposit is not protected. It is illegal.Even if it was protected under S.21 you are entitled to 2 months notice, or the end of your tenancy, whichever is greater.But as I said he can not serve ANY notice unless the deposit is protected. So dont worry, you wont be kicked out.In any event he MUST get a Court order to evict you and that wont happen as the deposit is NOT protected.Can I clarify anything for you about this today please?Alex
Customer: replied 1 year ago.
I am yet to respond to the email of which he served s21.
How should I respond
Kindly help with the draft.
Expert:  Ash replied 1 year ago.
You just reply back and say the S.21 notice is invalid because you have a tenancy agreement until 27th August 2016.Dont mention about the deposit not being protected, keep that as an ace up your sleeve.Does that clarify?Alex
Customer: replied 1 year ago.
Also I have stopped paying rent from this month, because he has refused to say anything on the job I did in the property which I have emailed him. He agreed to pay initially , but now he is not saying anything
Expert:  Ash replied 1 year ago.
You cant do that - you need to pay your rent otherwise you CAN be evicted.You can sue for not doing repairs etc but you MUST keep paying the rent.Does that clarify?Alex
Customer: replied 1 year ago.
If I continue to pay him, he will not refund my money which I use to do the property as he gave me a verbal go ahead to do all repair work. Mostly he is aware before I do anything.
Customer: replied 1 year ago.
Also the bathroom is still in a nerdy poor stage not good for human being
Expert:  Ash replied 1 year ago.
Ok - if he gave you the go ahead and you have invoices as long as you are not profiting then you are ok.But his S.21 notice is invalidDoes that clarify?Alex
Customer: replied 1 year ago.
He is less concern about my welfare
Expert:  Ash replied 1 year ago.
Indeed. But the S,21 notice is invalid.Can I clarify anything else?Alex
Customer: replied 1 year ago.
I sent him pictures cost and everything
Expert:  Ash replied 1 year ago.
Yes of course. As I have said you can withhold rent to cover repair costs as long as you keep those bills.Can I clarify anything else at all?Alex
Customer: replied 1 year ago.
Hi
This is what he wrote to me
Mr. Ola Agarawu,This is to notify you again, that you have to evacuate our property located at***** Dagenham Essex RM8 3BJ by June 14, 2016 by 11:59pm with reference to the Notice of Section 21, sent to you via email on April 07, 2016 and also by registered post on April 08, . Disregard the Notice sent via email on April 06, 2016, but be aware that the Notice emailed and posted to you on April 07, 2016 holds as there is no signed and witnessed tenancy agreement on file.We advise that you clear our property of any personal possessions by this date.We anticipate your cooperation on this matter.Sincerely,
Expert:  Ash replied 1 year ago.
He can't - the S.21 is NOT valid.1) The deposit is not protected2) The S.21 notice can ONLY take effect from 27th August 2016He cant make you move out and indeed would need a Court order to do so, which he wont get.Can I clarify anything for you? Please do remember to rate so I am paid for my time with you.Alex
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