Help Landlord issued Section 21 Notice

barnaby-bear

withabix wrote: »

Neither the landloord nor the repossessor can force you to leave until the end of the 12 month period.

Serving you a Section 21 notice now only requires you to leave at the end of month 12.

Only a court can enforce a Section 8 notice. They won't enforce it just because the landlord wants you out of the house 'because he wants to sell it or it is going to get repossessed'. That's just hard luck for him.

Wrong if in the fixed term the LL can't force you but the repossessor especially if they were unaware and did not give permission to let CAN - it takes a while to get that stage though. I think the LL may be trying to frighten you. I would find out who the lender is (land registry £3 for charges on the house) and notify them that you are there so if anything progresses then you'll know.

barnaby-bear

withabix wrote: »

Neither the landloord nor the repossessor can force you to leave until the end of the 12 month period.

Serving you a Section 21 notice now only requires you to leave at the end of month 12.

Only a court can enforce a Section 8 notice. They won't enforce it just because the landlord wants you out of the house 'because he wants to sell it or it is going to get repossessed'. That's just hard luck for him.

Section 8 is regarding arrears - I heard no arrears mentioned

Innocent_Guy

barnaby-bear wrote: »

Wrong if in the fixed term the LL can't force you but the repossessor especially if they were unaware and did not give permission to let CAN - it takes a while to get that stage though. I think the LL may be trying to frighten you. I would find out who the lender is (land registry £3 for charges on the house) and notify them that you are there so if anything progresses then you'll know.

That is what I read elsewhere. The LL cannot force eviction but when repossesion starts the bank / lender can force you to go

Planner

barnaby-bear wrote: »

Section 8 is regarding arrears - I heard no arrears mentioned

Section 8 can be served for a large number of reasons, rent arrears is just one of them.

Sparky67

The Landlord cannot evict you with a Section 21 Notice before the end of the fixed term. It can be served at any time though. He just can't do anything about it until the fixed term ends.

However, if the property is repossessed then you may be in some difficulty. If the mortgage lender doesn't know the property is let, then you will have no rights once the property is repossessed.

You should be notified of repossession proceedings as the protocol requires the mortgage lender to serve notice at the property.

Innocent_Guy

Sparky67 wrote: »

The Landlord cannot evict you with a Section 21 Notice before the end of the fixed term. It can be served at any time though. He just can't do anything about it until the fixed term ends.

However, if the property is repossessed then you may be in some difficulty. If the mortgage lender doesn't know the property is let, then you will have no rights once the property is repossessed.

You should be notified of repossession proceedings as the protocol requires the mortgage lender to serve notice at the property.

Thanks for that it seems she has no right to get me out

Innocent_Guy

BTW I have now added the S21(b) notice to the OP

barnaby-bear

Planner wrote: »

Section 8 can be served for a large number of reasons, rent arrears is just one of them.

Not really a wide range - arrears and getting an ASBO from the council but nothing to suggest tenant has any such issues...... basically the tenant has to be seriously in breach of contract not that the LL is a financial basketcase who wants to sell....

byebyedebt

Spot on advice by Withabix. If the lender has not given permission to let you could have a problem, but as you only have a few months to go dont panic yet. If they have given permission you should be ok.

Make sure you open all post addressed to "The occupier" as any notices addressed to the tenants will be addressed as such. This is a legal formality.

Make sure your rent is paid on the day due. That might help your landlords possible cash flow problem! and remove any excuses to evict you.



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Planner

barnaby-bear wrote: »

Not really a wide range - arrears and getting an ASBO from the council but nothing to suggest tenant has any such issues...... basically the tenant has to be seriously in breach of contract not that the LL is a financial basketcase who wants to sell....

Quite agree (to a point). Your post was however wrong and needed correcting.