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urgent advice needed please
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To be a bit more specific, if the landlord has correctly completed and served the S21, then the judge has absolutely no choice but to grant possession back to the landlord - there's no discretion.
However a large minority of S21s presented in court fail because the landlord has incorrectly completed and served the documents. For example, filled in wrong dates or can't demonstrate that they've given the document to the tenant. This means the majority of S21s succeed...
The reason why I have asked the date of the fixed term (if you currently have a contract) and the date you last signed an AST is to help determine the validity of it. For example, if the property is in England and Wales and a landlord should have protected the deposit in a Tenancy Deposit Scheme and has failed to do so, the S21 will be invalid.
Without scrutinising the contract, the S21 document and knowing the turnaround for possession cases in the local court, I don't see how you can give that assurance.
The landlord is clearly an idiot, though, and an intimidating one, too.
What's a large minority? Isnt that a majority?!If you want to go fast, go alone
If you want to go far, go with friends0 -
right i have found my 2nd and 3rd tenancy agreement my 1st is with my ex(just spoke to her)the 1st goes from 28 oct 2005-28th of april 2006,2nd 28th april 2006-28th oct 2006,3rd 28th oct 2007-28 april 2007,when me and my ex signed the 3rd one it was going to be a rolling type of agreement.I split up with my ex @end jan begin feb 2007,i in formed the estate agent and i believed they just took her name of tenancy.as for the deposit going into a scheame i have no idea if it has or notDo try to find it because if the property is in England/Wales and you signed the AST from 06 April 2007 onwards, the landlord should have put your deposit in a tenancy deposit scheme. If they did not when they should have, the S21 is invalid and you can take the landlord to court to seek x3 the sum of the deposit as compensation. Read through the following and find your AST and then advise the forum of the situation.0 -
yes been there before in late 1999 when i split up from another g/friend and she owned the housePasturesNew wrote: »Mostly, for single people, there is no help. There is theoretically, but the reality is different. Also, by being in arrears they would deem the OP made themselves homeless.0 -
By the way he left here,if he comes to he senses about bringing the heavies in,I would thought that he would be on a mission like i am to see what he can do. sorry about 3 post in row dont know how to mluti quote. TimmyIf you think about it will probably be at least the end of next week before the landlord decides to get a posession order, another few days for him to file the order,.0 -
I think what was being said is that the majority of S21s are granted and the tenant evicted. The minority are rejected for various reasons and the most common of these (i.e. the large minority) is due to failure on the part of the landlord to issue it properly. Hope that helps.What's a large minority? Isnt that a majority?!
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As i started my tenancy in oct 05,would my deposit be put in a scheame when the act was introduced in 07?0
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i beleaved it was @feb 08 i think,im not sure if i resigned on my own or if they just took her name of,the last T A i got run out 28th april 07 and was a rolling type of agreementlizzielondon wrote: »only if you resigned/ signed a new contract after april 2007- when did you split up with your partner and sign on your own?0
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