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My Landlord sent a section 21 to me by email (which I'm fine with - I want to move out), but due to past disgruntlements on the landlord's behalf and him potentially knowing that we'll be able to sue him after we've left due to him not protecting our deposit in time, there's a chance that he'll mess us around.

He sent us a section 21 by email, and CCed someone from an agency (so he can prove he sent the email), so we can't pretend we didn't receive it, especially how we replied. This agent appears to be from a property services company that specialises in tenancy evictions and getting unpaid rent for the landlord - this was probably because we were withholding rent payments due to the landlord not adhering to section 48 (giving us a UK address to which we can send correspondence) and he wouldn't accept that he was breaking the contract at the time but has since realised this and all has been resolved, so this agent's service is no longer required.

But what's to stop him from going back on his word at the last moment (after we've signed a new contract) and pretend he didn't send it - because I can't really prove that he sent the email right? Unless the agency he CCed will be willing to act on my behalf too? Will they be legally required to?

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If the landlord has sent the notice by e-mail, and both you and the letting agent have received it, then that ought to be sufficient proof.

If you want to leave, and you are leaving when the fixed term ends, you can just leave without giving notice whatever the landlord does, though it's generally appreciated if you let the landlord know in advance anyway.

If you want to leave and you're on a rolling tenancy, then you can give a month's notice, and again it doesn't matter what the landlord does.

Incidentally, the landlord doesn't need to lie about sending a section 21 notice, because if he changes his mind, he can rescind it (or equivalently, choose not to proceed with legal action before it expires).

we'll be able to sue him after we've left due to him not protecting our deposit in time

This introduces a twist. There are a number of requirements that the landlord must meet before he can issue a section 21 notice. In this case, if the landlord has not correctly protected the deposit and sent you the prescribed information within the required time period, then any section 21 notice is not valid.

In which case: if you want to leave, give notice (if required) as described above, and then leave.

  • I think i should have mentioned that there is no lettings agent (they defaulted) - the "agent" is someone who the landlord appears to have consulted who is from 'property services' company who specialise in things such retrieving unpaid rent for the landlord, and tenancy evictions. (I've edited the original question quite a bit by the way since you last read it). – Lost Crotchet Jun 15 at 19:51
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    But sect 48(2) of the Landlord and Tenant Act 1987 clearly says we're allowed to withhold rent under such circumstances: legislation.gov.uk/ukpga/1987/31/section/48 – Lost Crotchet Jun 16 at 12:06
  • @LostCrotchet: you're absolutely right; apologies. – Steve Melnikoff Jun 16 at 21:04

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