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Eviction please help!
okliw14
Posts: 12 Forumite
Hi All, need some advice please.
We were given a notice seeking possesion order on the 22nd august, ending 11th november, because we had rent arrears of one month. thius was because we had a leeking roof and the estate agents took 2months to even have a look at it. so we witheld the rent until they sorted it. they eventually sorted it and we paid the rent.
they said that the order has been canceled.
unfortunatley we have fallen behind with the rent again this month. so by one month.
What i would like to know is does the original order stay in place even though the date of possesion on it would have been 11th november. or do they have to issue a new one. meaning the order lasts for another 2months or will it go to court from the original order?
please any advice would help
thanks
We were given a notice seeking possesion order on the 22nd august, ending 11th november, because we had rent arrears of one month. thius was because we had a leeking roof and the estate agents took 2months to even have a look at it. so we witheld the rent until they sorted it. they eventually sorted it and we paid the rent.
they said that the order has been canceled.
unfortunatley we have fallen behind with the rent again this month. so by one month.
What i would like to know is does the original order stay in place even though the date of possesion on it would have been 11th november. or do they have to issue a new one. meaning the order lasts for another 2months or will it go to court from the original order?
please any advice would help
thanks
0
Comments
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Is it a section 21 notice or a section 8? It should say at the top.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0
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sorry, it's a section 21 notice0
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Section 21 is nothing to do with rent arrears (though that could have been the prompt that made them decide they didn't want you as a tenant). Provided it has been served correctly, it is still valid.
Section 21 informs you that the landlord wants property back, either at the end of the fixed term or, if the tenancy is past the fixed term, with 2 months notice to end on a rent day.
If they said the order has been cancelled then I would want this to be in writing before I relied on it. Otherwise on paper it looks like you have been given the correct notice to leave.
You could ask if they would rescind the notice. Whether they do or not depends on how likely they are to quickly find tenants paying the sort of rent you are paying. Paying the arrears will also help.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
it says " NOTICE THAT THE LANDLORD REQUIRES POSSESSION BY VIRTUE OF SECTION 21 (4)(A) HOUSING ACT 1988 (AS AMENDED)
thanks for you quick repsonse btw0 -
Can you clarify:
- you withheld rent because of a leaky roof (2 months)
- roof was fixed so you paid up
- you have now missed the very next month's rent?
Is that right, or are the timings out.
Are you on an AST? What date does that end?
Are you on a periodic tenancy?0 -
sorry just read the first possession again it says the 1st of november is the date of possession. it's the 22nd now, so does that mean that the date they require possession is now the 1st december. we were on a 6month tenancy and it's now a month by month as we've been here for about 8-9months now.
if the date of possesion is 1st december does that mean we HAVE to leave on the first or will they have to apply to go to court to apply for a possession order with a eviction date on it?
when they said it was canceled they said they would take it off but if we fell into arrears again it would go back on. do you think this is the same order or will it start again?
thanks for you help0 -
i thiink we are on an AST, now it's month by month.
yeah witheld the rent because of a leaky roof. then paid up when the roof was fixed. Paid one more months rent on time and now our rent was due on the 1st of november and we havent paid it. thats the only arrears we have.0 -
The S21 notice is just the first part of the process. If they actuallly want you out, they need to get a court order. Then they need the bailiffs to attend.No reliance should be placed on the above! Absolutely none, do you hear?0
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hi, thanks for ur input. i know it's the first part of the process, just want to know if it will all start again or does the original notice still stand.
any help?
cheers0 -
A Section 21 can happen to anybody. A landlord will want his property back for many reasons.
It might be that your rent doesn't cover his mortgage or just covers it, so when you withhold it he has to pay it all out - and he can't afford it, so is fed up with it and so wants to try to get a reliable tenant in place.
On the other hand, he might be seriously struggling with the mortgage and have decided he wants to sell it.
Or maybe he's had it for years and now that prices are falling he'd rather sell it this year than wait another year or so.
For the record, a tenant should never withhold rent if things aren't being fixed because this enables a landlord to boot you out BECAUSE you didn't pay it. So it's always best to keep up the payments and grit your teeth.
Yes, you could dig in and drag your landlord through the courts until finally a bailiff comes to turf you out. What would be the benefit in that?
As for whether the original one is still valid, or what any leaving date would now be, I don't know.0
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