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Thanks every one I admit I have panicked a lot when I got the section 21 notice email it was a shock and over reacted but I will just move if I need to. Problems solved. In my defense I think most people would of s**t their pants when they got this email as well. Thanks.
What area of law are you going into if you don't mind me asking?0 -
I was given a Section 21 to leave.
I have had a hearing as I disputed the fact that deposit was not protected and that the clause of break clause could not be relied upon as it was not constructed properly.
The landlord was awarded the possession.
I have now appealed as documents were forged with my signature showing the deposit was protected but I did not sign them.
My appeal has now been granted to stay the eviction until the appeal hearing.
Now I face a problem of not having a positive reference from landlord which means it is now hard for me to move into another place even right now.
Timeline is:
1. Handed Section 21
2. two months later, as long as you are over 6 months into break clause territory, court proceedings can be commenced which will take around 3 more months to come by.
3. If posession is awarded, given 14 days to vacate.
4. After 2 weeks, subject to no appeal, could take 4 more weeks for bailifs
5. If appeal launched prior to end of 2 weeks, it could take a further 2 months...
But at the end of the day, section 21 is no fault and someone can take back their property if they want to for no reason. !!!!!! but it is the law.0 -
Also more importantly just so you know,
you could have something come back to bite you in future.... if your landlord's solicitor sees the email of you saying that you want to leave and THEN changed your mind, you could be back charged double rent and it claimed from you in the hearing as part of the eviction....
There is an old statute:
Distress for Rent Act 1737. Section 18, entitles the landlord to double the passing rent where the tenant has given a notice that he will quit the premises at a specified time but subsequently continues to occupy the premises in contravention of the notice. The difference is here that the tenant has given notice that he intends to vacate whilst under the 1730 Act it is the Landlord who gives notice to the tenant to quit.0 -
whatajoke2016 wrote: »
But at the end of the day, section 21 is no fault and someone can take back their property if they want to for no reason. !!!!!! but it is the law.
Wow, just wow.
In what sane world do you consider someone " !!!!!!" by taking THEIR property back within a legal framework ?0 -
While its perfectly legal, it is a !!!!!! position to be in for the tenant, even if they have no money problems and can move to another place. If none of the above applies, its double sh****. However legal lol.
We've seen the stories on here where someone moves into a place expecting it to be long term, having paid hundreds in admin fees, deposit etc. And then their sixth month initial term is up and they have to do it again. Perfectly legal, but not good news for a tenant. They might have children in a school, and have to move them to another area. Its rarely going to be good news for a tenant. And you know that Marksoton.0 -
You're right of course, but, to play devil's advocate, I have some sympathy with tenants on this. Maggie Thatcher of course is to blame.Wow, just wow.
In what sane world do you consider someone " !!!!!!" by taking THEIR property back within a legal framework ?
For comparison, in France it is extremely hard for a LL to evict.
Our system of (frequently) 6 month fixed terms with a 2 month notice period is not condusive to stable family life, or a sense of security in one's home.
But as you say, it IS the system we have, and so it is the system everyone must accept - LLs and Ts alike.0 -
deannatrois wrote: »While its perfectly legal, it is a !!!!!! position to be in for the tenant, even if they have no money problems and can move to another place. If none of the above applies, its double sh****. However legal lol.
We've seen the stories on here where someone moves into a place expecting it to be long term, having paid hundreds in admin fees, deposit etc. And then their sixth month initial term is up and they have to do it again. Perfectly legal, but not good news for a tenant. They might have children in a school, and have to move them to another area. Its rarely going to be good news for a tenant. And you know that Marksoton.
I get that. But at some point the owner has to be able to reclaim their asset surely? Everyone goes in to rental with eyes wide open.
It's a contract. If you want a different one ask for it. I don't "like" the rental market in this country but you play the hand you're dealt.0 -
Is there anything I can do? Because this is such a pain that it is making me feel stressed and want to leave university, which I have just taken out a career development loan to pay for the course I am on because Student finance does not cover the LPC. So I have to pay it back right away after I finish the course so I can not really quit or I would put it off for a year.
Good grief how will you cope with real stress when in an actual job, and you have clients relying on you who have somewhat bigger problems than needing to move at three months notice?
Get some perspective, get a grip. Seriously. Or maybe you just aren't cut out for a stressful career?0 -
AnotherJoe wrote: »Is there anything I can do? Because this is such a pain that it is making me feel stressed and want to leave university, which I have just taken out a career development loan to pay for the course I am on because Student finance does not cover the LPC. So I have to pay it back right away after I finish the course so I can not really quit or I would put it off for a year.
Good grief how will you cope with real stress when in an actual job, and you have clients relying on you who have somewhat bigger problems than needing to move at three months notice?
Get some perspective, get a grip. Seriously. Or maybe you just aren't cut out for a stressful career?
Glad someone else said it!0 -
whatajoke2016 wrote: »section 21 is no fault and someone can take back their property if they want to for no reason. !!!!!! but it is the law.
No, not !!!!!! at all. Landlords rent their properties out for a variety of reasons and it is absolutely right and proper that they can request vacant possession when required/needed.0
This discussion has been closed.
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