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Help Landlord issued Section 21 Notice

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  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    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
    barnaby-bear Posts: 4,142 Forumite
    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 :confused:
  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    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
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  • Planner
    Planner Posts: 611 Forumite
    Section 8 is regarding arrears - I heard no arrears mentioned :confused:

    Section 8 can be served for a large number of reasons, rent arrears is just one of them.
  • Sparky67
    Sparky67 Posts: 1,146 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    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
    Innocent_Guy Posts: 5,369 Forumite
    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
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  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    BTW I have now added the S21(b) notice to the OP
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  • barnaby-bear
    barnaby-bear Posts: 4,142 Forumite
    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
    byebyedebt Posts: 252 Forumite
    Part of the Furniture 100 Posts Combo Breaker
    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.



    .
  • Planner
    Planner Posts: 611 Forumite
    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.
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