06 Oct Section 21 With No Tenancy Agreement
If your rental agreement started after 1 October 2015, your section 21 notification may not be valid if your landlord has not done so: government guidelines issued by the Ministry of Municipalities and Local Government (as at the time) in December 2017 suggested that it was not necessary to issue an energy certification if the rental agreement applied to a single room, since the lease would not apply to a building or building unit, for separate use.  It is not clear that the absence of energy certification in such a lease would invalidate a section 21 notice.  If your landlord has not used Form 6a, it may still be valid – it depends on the start of your lease. To inform your tenants using a Section 8, you must complete a “Notice of Ownership of a Leased Property on a Secure Lease Agreement or Secure Farm Occupancy”. Indicate in the press release the conditions of the rental that they have broken. • Enter into a written agreement with each tenant and be sure to keep a copy; • If a written agreement has been moved, inquire to ensure that a copy cannot be obtained elsewhere before you expect it to be lost; • Before notifying a notification to Section 21, ensure that all other aspects of compliance have been considered to ensure that the notification is valid; • Make sure a low fixed fee is agreed for each audit, notification and claim file, if you decide to hire experts to help you acquire ownership of your property. It is important that you pay your rent until the day your rental ends. If you are leaving and have paid your agreed rent in full, ask your landlord to write to you and confirm that your tenancy is over and that you have paid everything you owe. You and your landlord must sign it.
You can bring someone to help you, such as a friend or family member. You may not be able to speak for yourself in court. Do not leave your home before the date of your notification section 21 if you have not found another place to live. The papers also contain a form to inform the court if you disagree with what the landlord said – this is called the “defense form.” If you have issued a notice to the tenant under section 21 and the tenant does not leave the property, you will have to wait until the notice expires before you can apply for an expedited possession procedure. For more information, see Accelerated Possession Procedure Order. If a notice under article 21 has already been made and the tenant has filed a written complaint with the landlord about the condition of the property prior to the termination and the landlord has not given an appropriate response or has given the notification as a result of the complaint, then the tenant has filed a complaint with the local housing authority on the same or substantially the same subject as the initial complaint to the owner. and the Authority has subsequently notified the owner of an emergency improvement or rehabilitation notification in response, Article 21 becomes invalid. [xxxii]   If your landlord has not protected your surety or too late, your section 21 message is not valid – unless they have already returned your surety to you.