Received a section 21 eviction-anything we can do?

bayon

Hi
Our whole block of 16 flats(private rentals) have all received over the last couple of weeks a section 21 eviction notice as the owner of the block wants to turn them into luxury flats(that's the rumour as no reason was given). The notice was delivered by hand through the door and from what I gather is legitmate-2 months notice from rent date, over 6 months into the tenancy which is allowed according to the contract signed.
From what I've read online that is it-we all have to move-absolutlely nothing we can all do. Is that correct? It doesn't seem right that 16 families all have to be out aroud Xmas day - all good tenants, some with kids. This area is severly lacking in rentals so it'll be hard to get a place. Seems very unfair-a very rich person kicking us all out to make himself richer.
I know some tenants have asked for a short extension due to not wanting to move out at Xmas and have been denied.
If we cannot find a new place in time-is it true the landlord can fast track you out-unlike the section 8 which can take months?
I'd rather have extra time here than be homeless with loads of stuff to put in storage-how long would it take roughly to get a court order?
Is there any rental websites better than Shelter-I didn't find any good info on section 21 there.
Thanks for any replies.

Leory

I wouldnt say its unfair, its business really.
sucks that its near xmas though.

what are the dates of your tenancy you signed....do these dates fit in?
if you are still in there after the section 21 comes into affect, LL will have to take you to court to get you out so you can stay longer in that sense.

if lettings are hard to come by however, this could put you in a dim light with regards to references etc

Jowo_2

You can ignore the notice and await the landlord to take you to court for a possession order. Might take around a month for it to reach court after the S21 expires (depends on local court times, could be bumped to the new year if the courts close over the festive period). Then you would get a few weeks after the court date to leavebut can ask for a few weeks more (judges decision is discretionary) . The Shelter website will better explain the timelines and process.

However, by ignoring the notice, you leave yourself open to a bad tenant reference.

N79

You can delay your eviction, at the cost of any sort of LL reference (which, if there is a genuine lack of rental property in your area may cost you dearly) and possible the cost of your LL's court fees by checking the validity of the S21 (deposit protected if post Apr 2007 tenancy, dates correct, right S21 notice etc), or by simply forcing your LL to go to court for a repossession order.

At the end of the day, you will need to move. If you need a LL reference then I would resign yourself to leaving complying with your LL's request.

tbs624

The S21 notice is not a notice to quit, it is a notice telling you that the LLs want to regain possession after expiry of a specific rental period. If you don't move out on that date the LL has to proceed to court to get an order for eviction. Note that a reason does not have to be given for a S21 to be served, but it is always worth checking that it is correctly dated.

What you do need to bear in mind is that pursuing the option to stay put until a court orders otherwise doesn't look good to a new potential LL, and the LL may also seek to have costs awarded against you.

It does seem lousy to go for repossession around Xmas time ( and strange because the courts will be closed so there would be a delay anyway if possession order are needed for those who want to hang on as long as they can) but the LL is running a business. However, maybe a local Councillor could persuade them to give you all an extension?

You could start looking for alternative accommodation ( as N79 says, you will need to) so contact the local Council and see if they hold a list of "accredited" private sector LLs, put some "accommodation wanted" ads in shops and local newspapers, google your town and "Landlord association"

henpecked1

why not contact your local BBC Local rzadion or the newspaper locally. 16 families evicted at Xmas may put on some pressure....

satchmeister

bayon wrote: »

Hi
Our whole block of 16 flats(private rentals) have all received over the last couple of weeks a section 21 eviction notice as the owner of the block wants to turn them into luxury flats(that's the rumour as no reason was given). The notice was delivered by hand through the door and from what I gather is legitmate-2 months notice from rent date, over 6 months into the tenancy which is allowed according to the contract signed.
From what I've read online that is it-we all have to move-absolutlely nothing we can all do. Is that correct? It doesn't seem right that 16 families all have to be out aroud Xmas day - all good tenants, some with kids. This area is severly lacking in rentals so it'll be hard to get a place. Seems very unfair-a very rich person kicking us all out to make himself richer.
I know some tenants have asked for a short extension due to not wanting to move out at Xmas and have been denied.
If we cannot find a new place in time-is it true the landlord can fast track you out-unlike the section 8 which can take months?
I'd rather have extra time here than be homeless with loads of stuff to put in storage-how long would it take roughly to get a court order?
Is there any rental websites better than Shelter-I didn't find any good info on section 21 there.
Thanks for any replies.

The other replies offer sound advice. But here again part of Brown's legacy, they had 13 years to change this and did nothing, expect ensure BTL landlords could make lots of money.

Jowo_2

henpecked1 wrote: »

why not contact your local BBC Local rzadion or the newspaper locally. 16 families evicted at Xmas may put on some pressure....

Absolutely pointless to the legal process - the notices that are issued are no fault notices, if served correctly, the judge has no discretion and will always give possession to the landlord. Many of these documents are served upfront with the AST by many landlords anyhow.

If the owners have their eye on redevelopment, a bit of bad PR is no great barrier.

925dancer

It might be unfortunate and a bit tactless of the landlord but at the end of the day it's his property to do with what he wanted. It's part of being a tenant, you have no guarantees of tenure beyond the last contract you signed.

It happens to people all the time and you will do yourself no favours by drawing any sort of media attention or forcing your landlord into court proceedings.

My advice? Start looking for somewhere else to live pronto, you're going to have the competition of the tenants from the 16 other properties and if the rental market is as small as you suggest, you want to be first in for any suitable properties available.

Brb

I can understand fully what you are feeling. I had to move over christmas/new year period this past year. I did not though have 15 other Ts for competition!.

You need to make yourself the best T you can be. Go to any viewings armed with 3 month's bank statements showing that you meet all your financial obligations. Invite potential LLs/LAs to visit you in your current home to see that you have looked after the property well.

Look in local papers for private listings. Obviously you're already looking on rightmove. Visit local newsagents to look in their windows (other shops have window ads too). Actually just take a walk down your local high street and look in all the shop windows.

Join yahoo group for freecycle (look for your area) and see if they have a cafe. If they have put a message up asking for private LL and brief outline of what you need.

Hell, if you're on facebook, ask on there!. I did and found that someone I went to school with had an empty property and whilst not in the area I wanted, had I not found this house I would seriously have considered hers.

Best of luck. I know it sucks, I really do but a S21 there is no defense (other than invalid dates etc) and judge has to grant order of possession. You won't get anywhere near that stage though over christmas/new year. It will though trash any reference.

bayon

Thanks for the replies and advice.
It's as we thought - no choice but to move out or risk getting no reference from this landlord.
The section 21 letter was delivered by hand though the door. It wasn't signed for so if we said we never got it would they have to issue another? The letting agency representing the LL have been very incompetent in the past so it is plausible they could mess up a delivery.