Section 21 Without Tenancy Agreement

Therefore, if you can challenge the section 21 notice and your landlord`s right to a property order, you or your lawyer must complete a defense form and send it to the court within the time limit. The notification referred to in section 21 has expired because the date you received it is more than 6 months old. If your landlord uses a pause clause and launches you into section 21, you may have to leave your home before the fixed term expires. Your section 21 notification may not be valid if you live in a home that needs a license and your landlord doesn`t. The Court of Appeal in Trecarrel House Limited v Rouncefield[C] set aside the trial court`s decisions that it was not possible to remedy a breach of the obligation to provide or present the new tenant with the last gas safety certificate prior to occupancy. [44] Arguments similar to kaur/Griffith[D] that, even if the gas safety certificate were submitted, a valid Section 21 notification cannot be issued if the last corresponding gas safety check was conducted too long after the previous review. However, the facts and the wording of the judgments leave open the possibility that the absence of a valid gas safety certificate at the time of the tenant`s first occupation under the lease remains an irremediable offence. [44] Counsel appointed by the tenant in Trecarrel House Limited vs. Rouncefield confirmed on Twitter that the tenant was seeking to admit the appeal to the Supreme Court.

[45] Your landlord must have a valid gas safety certificate at the beginning of your lease and for the duration of the lease. You can give it to yourself late, but if your landlord doesn`t give it to you before they give you the Section 21 eviction message or if they didn`t have a valid security certificate for part of your rental, the notification is not valid. Your landlord doesn`t need a reason to give you a notice in accordance with section 21 – for example, they may just want to reinstate the property. One of the additional points that owners and agents must take into consideration in these situations is the special diligence to ensure that the notification notified in accordance with section 21 is actually valid. As a rule, the written agreement establishes important conditions, including the name of the tenant, whether a bond is deposited and, if a bond is deposited, the amount of that bond. The exercise of a claim in these circumstances means that care must be taken from the outset to ensure that the notification referred to in Article 21 is valid. .