Housing issue

Leedash

section 21 people

BitterAndTwisted

A section 21 Notice warns the tenant that they will go to court to have the tenancy ended. Your friend needs to sit tight and wait for the court date and the court bailiffs to be appointed otherwise the local authority could choose to decide that your friend has made herself voluntary homeless and they will have no responsibility to help rehouse her. Some LAs will advise the tenant to remain until the bailiffs are at the door.

Leedash

she has up to setember

theartfullodger

LEEDASH wrote: »

she has up to setember

Do you mean the Section 21 notice has an expiry date in September?? If so kindly advise the EXACT wording of the expiry date (eg "On 9th September 2011" or "After 9th September 2011").

As indicated above if it is a S21 notice that simply means the Landlord CAN start court proceedings for possession from that date (assuming the notice is worded correctly, many are not, Landlords make mistakes..).

If it is a S21 notice she probably has 6-8 weeks from the expiry date until the Landlord will be able to organise court decision & send round bailiffs. (Depends on how busy the local court is & how well organised the Landlord is..)

There is a deposit, - was the deposit protected and was tenant served with the "prescribed information"?? If not the S21 will be invalid anyway...


Cheers!

Artful

PS Bitter&twisted is very competent and knowledgeable - if you want good help from people like B&T and others then some think being polite & friendly helps...

Leedash

why would they send baliffs in ?

theartfullodger

Please answer the previous questions - that way we'll know the situation & be able to advise you/her...

Re. Bailiffs the process is... Issue valid notice (usually S21), notice expires (? 9th Sept??) - tenant does not have to leave -
Landlord applies for possession order - tenant does not have to leave
- landlord gains possession order - tenant does not have to leave...
- landlord requests bailiffs, gets date, bailiffs write to tenant saying they are coming round at xxhours on (say...) 12th November 2011.. You can refuse to leave still be it's a very very bad idea...

see..

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#3

which has loads of info including/....

Court order

You cannot be evicted before your landlord has gone to court and the court has agreed to your landlord regaining possession of the property. The court's permission is on a written notice known as a possession order. The court has no choice but to make an order to evict assured shorthold tenants if the correct procedure has been followed. You may be able to ask the court to delay the order but this can only be done for up to six weeks, and only if you face exceptional hardship.
You will be given the chance to provide information to the court to help the judge decide whether or not you should be evicted. You can send information to the court and/or go to a hearing.
If you don't leave by the time a court order takes effect, your landlord can ask the bailiffs to physically remove you from the property.

Cheers!

Artful

Leedash

So would they have issued a section 21 if the property is to be sold or has been ? i think it has been sold

RAS

As before, the fact that it has been sold is irrelevent.

If the LL wanted to make more money on the sale, he would have kicked your friend out before the sale.

And if the buyer has purchased with a sitting tenant, he probably wants to rent it out anyway.

Get together with your friend, find the letter sent by the letting agent and type the content out here.

Then we can help you.

Leedash

just one more thing if baillffs get involved and court orders does she get charged for these ? a;so will it say on the section 21 if its to bet rented out again ?

pmlindyloo

I think you and your friend need to go to the Citizens Advice Bureau where they will be able to 'talk it through' with you.

Your friend needs to take any letters with her to show them. You must also take with you her tenancy agreement.

Everybody is trying to help but I think that it would be better for you to talk to someone 'face to face'.

If you know nothing about how renting a property works then it is very difficult to explain in detail on a forum plus (as you've found) words like Section 21 are a complete mystery!

Good luck!