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Matt Jones
Matt Jones, Solicitor
Category: Property Law
Satisfied Customers: 671
Experience:  I am a qualified and practicing Solicitor with over 7 years post qualification experience
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I am at the moment in s.21 procedure with the Landlord. However,

Customer Question

I am at the moment in s.21 procedure with the Landlord.
However, recent land registry search proves that the Property is not registered in Landlords name. In fact, there is no trace of any registration. How significant is this information to us. Could we:
1. Request that Landlord proves ownership by providing the registered title to land.
2. Apply for strike out claim based on fact that Landlord does not own the property
3. Is our tenancy agreement valud considering the fact that landlord do not hold the legal ownership.
Any other suggestion
Submitted: 2 years ago.
Category: Property Law
Expert:  Matt Jones replied 2 years ago.
Matt Jones : Hi I will try and help.
Matt Jones : When you say there is no trace, do you mean the property is not registered at the land registry?
Customer: replied 2 years ago.
No, property is not registered and I just received confirmation by Land Registry confirming status - unregistered.
How does this status influence Landlords right to act. Am I permitted trespasser. Please give me the legal advantages I can use here to strike the landlords claim to evict, if any.
Expert:  Matt Jones replied 2 years ago.
The fact that it is unregistered doesn't in itself help your case. A person can still own the property under the old unregistered system. You need to ask (or have the court order) that he gives you a copy of the deed under which he bought the property.
Couple of questions about the s21 notice to check its valid:-.
1)are you under a fixed term tenancy (ie there is an end date or periodic one (ie it is month on month)
2) what date was the s21 served?
3) what's the end date on the notice? And what do the words of the end date say EXACTLY?
4) on what day of the month do you pay your rent?
5) did you pay a deposit?
6) has it been registered in a deposit protection scheme ? If so which one
Customer: replied 2 years ago.
Few points here to clarify:
tenancy agreement is 10th april 2011- now periodic.
S. 21 was received on 11th April 2014 , asking us to leave on 10th of june 2014. No proof of posting or delivery. So, day out.
Also, wrong postcode on possession claim.
Landlord is company but incomplete company name on accelerated possession form and on tenancy agreement.
Also, no proof of ownership - land registry.
I put application to strike this nonsense out - which one of this is the most relevant factor to strike out.
Finally, part 18 questions not answered to after 4 weeks. Just put another application asking for "unless order". Quite a mess due to lack of cooperation by other party.
What do you think is likely outcome?
Customer: replied 2 years ago.
yes, i asked under part 18 for copy of the deeds
Expert:  Matt Jones replied 2 years ago.
The s21 notice appears to be invalid. It should have said "after 9th June" and should have been served before 10th April. That is yut best bet. The court should chuck it out.
Matt Jones and other Property Law Specialists are ready to help you
Customer: replied 2 years ago.
just last question
if striked out by court, lets say in September 27th, what is the landlord option. Also, they started accelerated possession, am I under obligation to pay rent. I believe tenancy agreement is broken down and as property appears to be without owner - who do I actually pay to.
thanks, ***** *****
Expert:  Matt Jones replied 2 years ago.
In reality, and unfortunately, all they need do is to start the procedure again and issue you with another s21 notice. However it does give you several months more in the property.
As to the rent it is not right in law that because the landlord has served notice incorrectly then tenancy has ended it continues until a correct notice, and either you leave or there is a court order. You are obliged to pay rent, or what is known as mesne profits, which is just
Lawyer talk for damages in lieu of rent but equates to the same amount of rent.
You need to he sure you are able to get a valid receipt for the rent from the person /company you are paying that they are the landlords or their agents. I would suggest writing to them to that effect asking for that assurance (but keep the rent you would pay to one side so you can pay any back rent)

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