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LondonlawyerJ, Advocate
Category: Law
Satisfied Customers: 823
Experience:  Solicitor with over 15 years experience.
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My house is rented and the 6 month contract is due for

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My house is rented and the 6 month contract is due for renewal, before. Renting this house The estate agents knew I was pregnant and expecting soon. I told them that I was happy to accept the 6months tenancy only if it would definitely be renewed otherwise it would be pointless for me.. They agreed, I then paid six months rent in advance. My contract was due for renewal today and I also paid my first months rent today that was due... They have now basically informed me that I have 2 months to leave on hearsay allegation lies that I have silly amounts of dogs in my house, when I only have the 2 they know about. They have not looked into the allegation to even see if it was false and now they want me out. Can you give me some advice on where I stand ect

Hello, I am a solicitor with 20 years experience. I will try to answer this for you.

I assume this is a 6 months assured shorthold tenancy agreement. When was the start date of the tenancy?

Have they served you with a notice seeking possession on the basis that the tenancy has expired. ie a s21 notice.

Customer: replied 1 year ago.
It is a six month tenancy that was supposed to be renewed tomorrow but the estate agents rang today saying that the landlord wants them to serve me notice which they will be doing so tomorrow
Customer: replied 1 year ago.
It is a short hold tenancy and the start date was 15/3/2016

As your tenancy started on or after October 2016 there are a number of procedural steps your landlord must have complied with before a s21 notice can be valid

- your deposit must be in a deposit guarantee scheme and you must have been notified

- you must have received a gas safety certificate dated within 12 months

-you must have been given a copy of the gov't booklet "How to rent",

-you must have received an energy performance certificate.

If any of these things have not been done then a S21 notice even if it is in the right form will be invalid and any possession proceedings based on it will fail if you point out the problem to the court.

If these requirements have been met then all they have to do to get the property back is serve a s21 notice in the right form giving at least 2 months notice. They can use the accelerated possession proceedings to get possession quickly.

Customer: replied 1 year ago.
see they have given me all of the above, so basically I don't have a leg to stand on really? Regardless of the false accusations and the fact I would never of taken the house had they of not said that I would definitely have it was only 2 months ago I had an inspection and the agent told me that it would be renewed as the landlord was doing nothing other than renting the property.. I mean hearing this what do you think I should do. They are coming round to issue my notice tomorrow and inspect the house

No I am afraid that if they follow the correct procedure there is no defence.

Customer: replied 1 year ago.
Hi as it actually turns out they didn't provide me with an energy certificate.... They now today have given me my energy certificate and a section 21... As they have only just given me the certificate doesn't this still mean that the section 21 is invalid

There is no time limit for when the EPC must be served but it can be argued that it must have been served before the s21 notice. So how did they serve them? If they sent them in the same envelope together then I think you may have a defence.

If hey served the EPC and then the S21 probably not.

The Act is very unclear and this is all new law which has yet been litigated.

Customer: replied 1 year ago.
It was delivered by hand in the same envelope and is dated and initialled... Today so if I feel I have a case what is the next step I should take

Let them bring proceedings and when the court serves the summons and particulars put your defence on the defence form.

You should be aware that it is not certain you will succeed, but you do have an argument. If you lose you will need to pay the landlords legal costs.

However, all you can do here is gain time (a few months). Once the landlord realises his mistake all he has to do is re-serve the s 21 notice and then start proceedings which you would have no defence.

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