S21 Eviction Question

JackHill

Hello all,

Ive just got a question regarding S21 and evictions. I would appreciate any advice.

Location: England
Tenancy: Periodic
Rental period: 1st to last day
Rent: Up to date, no arrears.
Rented since: 2010 originally 6 month AST, now periodic
Deposit: Protected

If we are served notice (S21) correctly and compliantly on 15th August 2012 asking us to be vacant from the property by November 1st 2012.

Now if we were to stay on after November 1st, the land lord would apply for possession order. Now for arguements sake the hearing is mid December and we are told we must vacate the property 7 days latter on 22nd December. At this point we vacate the property and move on. Now obviously we would be liable for the rent for November and December but apart from this what other costs would WE be liable for? Court costs etc. Also what are the other implications of doing this?

Thanks in advance for any responses.

jamie11

You will not be given less than 14 days when a PO is granted to the landlord, maximum is 42 days.

Since the S21 is a no fault notice there are normally no costs awarded against the tenant, that changes if you do not comply with the court order.

JackHill

jamie11 wrote: »

You will not be given less than 14 days when a PO is granted to the landlord, maximum is 42 days.

Since the S21 is a no fault notice there are normally no costs awarded against the tenant, that changes if you do not comply with the court order.

Thanks for the information. When you say normally no costs awarded against the tenant can there ever be? Also if the hearing was on the 1st December and eviction date 15th would we only be liable for half of Decembers rent?

Jack

ceh209

JackHill wrote: »

If we are served notice (S21) correctly and compliantly on 15th August 2012 asking us to be vacant from the property by November 1st 2012.

May be just the way you've put it, but does it says the landlord intends to seek possession of the property on Nov 1 (i.e. you need to be out by 31st Oct), or does it says something different?

theartfullodger

The wording is key: Does it say re expiry of notice "after 31st October" or "on(or by) 1st November". If the latter then it is invalid & you don't have to leave at all...

Further, I appreciate RENT period is 1st to last date of month but was the 1st date of the initial fixed term 1st or was it some other date, and can we just check rent has always been described in tenancy as payable every month?? If either not the the S21 is invalid. S21 dates work of tenancy periods not rent periods (they can be different..).

Cheers!

JackHill

theartfullodger wrote: »

The wording is key: Does it say re expiry of notice "after 31st October" or "on(or by) 1st November". If the latter then it is invalid & you don't have to leave at all...

Its the first (re expiry of notice "after 31st October"), not the latter. The S21 has definately been issued correctly.

Jack

JackHill

theartfullodger wrote: »

The wording is key: Does it say re expiry of notice "after 31st October" or "on(or by) 1st November". If the latter then it is invalid & you don't have to leave at all...

Further, I appreciate RENT period is 1st to last date of month but was the 1st date of the initial fixed term 1st or was it some other date, and can we just check rent has always been described in tenancy as payable every month?? If either not the the S21 is invalid. S21 dates work of tenancy periods not rent periods (they can be different..).

Cheers!

Rent period and orginal agreement are both from the first to the last day of the month. The rent in tenancy is payable every month. The S21 is definitely valid.

theartfullodger

In theory you are liable for rent in 1-month chunks... however if (say..) come Dec 10th you say to Landlord "I'll leave on 15th if you give me a good reference, no court fees and only charge 1st to 15th - do you want me out quick & with no fuss??" then only a stupid landlord would say no..

Unfortunately there are many stupid landlord...

Cheers!


Artful (Landlord: you decide if stu......)

JackHill

Thanks for advice. I don't see why more people don't wait for confirmation of the court hearing before giving notice to vacate.

J

mr_fishbulb

JackHill wrote: »

Thanks for advice. I don't see why more people don't wait for confirmation of the court hearing before giving notice to vacate.

Because most people would assume their tenant to be a decent person who doesn't mess them around when they have been given notice to move out?

Kynthia

JackHill wrote: »

Thanks for advice. I don't see why more people don't wait for confirmation of the court hearing before giving notice to vacate.

J

The tenant has ever right to wait until a possession order. If there's a reason they can't move quickly or the council make them wait then I can understand. Otherwise why wouldn't a tenant look to move when the LL indicates they want possession of the property? The tenant is more likely to get a good reference and can give notice when it suits them in the time between receiving the S21 and the court date.