Section 21 being served.

anselld

cgrayx wrote: »

Ok, thanks. You are right, I'm extremely agitated and stressed. So just to conclude: The S21 isn't valid for anything other than evicting someone after 6 months, it cannot be used to kick me out.

Correct. Minimum of six months but the full 10 if there is no legal break clause.

cgrayx wrote: »

He would have to obtain an S8 which, presumably, would be based on the parrts of my tenancy agreement I broke?

Correct, but it would need to be serious breach. Nobody can be evicted for drying washing in the wrong place or leaving a bike in the hall! These are the legal grounds http://www.landlordzone.co.uk/grounds_for_possession.htm

cgrayx wrote: »

Does anyone know how long this process takes (him filling in S8 for broken agreements etc) cus thats the only way he can get me out apart from waiting the two months til S21 's over isn't it?

Months

cgrayx wrote: »

Hopefully I'll have a place by then anyway,

If you do find a new place make sure you get agreement in writing that the tenancy is being surrendered. You don't want him chasing you for lost rent to end of fixed term despite wanting you out.

cgrayx wrote: »

Thanks for your help guys.

I will be contacting COuncil/Uni/Shelter or someone Monday.

Good luck!

dancingfairy

I think S8 might be at the judges discretion and the landlord would have to show serious/repeated breaksof the tenancy - ie a statementto show how much you were behind on the rent,letters sent to you reminding you you were behind etc etc.
Think how hard it is for nuisance tenants - iedrug dealers/problem families/ people who have parties all hours of the day and night.
He needs evidence (and frankly a few texts isn't going to do it).
How soon he'd get a hearing would depend on how busy the courts are. With CHristmas /New Year coming up the courts won't be open full time around then and many are likely to have a backlog anyway so it could be many months. Besides which I would assume a judgewould have a quick look at the evidence before granting a hearing just to make sure there was actually a case to answer?
Check out theShelter website. id' be surprisedif they didn't have info on section 8 notices.
df

dancingfairy

To be honest given his attitude and the situation you might be best off trying to find somewhere and coming to a mutual surrender (in writing). Obviously this would endhis obligations to you and yours to him. You can't just dissapear or he could take you to court for missing rent.
df

cgrayx

Haha, the bloke is a proper d*ck. He sends me cocky-sarcastic style messages about the S21 I previously signed - to which I now know means not a lot.

So, how will I go about that? He's going to hate me when I let him know he is wrong about AST and S21's. Lets just hope he comes to mutual agreement to forget it when I show him the facts.

I'm awaiting him sending a copy of the S21 first, and then I am going to ring him.

It's almost embarassingly laughable. His son lives next door I wonder if he'll try use that to his advantage

Yorkie1

You have not actually answered all of the questions in G_M's post.

Please calm down, lose the smug attitude too, and a) answer all those questions, and b) have a look through the tenancy agreement you have in front of you in order to find out whether there is a break clause - which allows either party to end the tenancy before the end of the fixed term.

keyser666

anselld wrote: »

http://www.legislation.gov.uk/ukpga/1977/43

... but ...

It is notoriously difficult to get the police to act; they tent to consider it a "civil matter". I think it is actually the Council who are responsible for enforcement or bringing prosecution and again the response varies from Council to Council.

Prosecution will not help you in the short term if you are left on the street so would still advise that you seek support from Uni and/or Council TRO which will probably be to try to patch up relations will the LL rather than rely on the legals.

I believe all Police forces have been informed that this is not a civil matter anymore and they should prevent a illegal eviction. I have also seen advice that if the police respond in the "civil matter" way then you should ask for a rank for Sergeant or above

cgrayx wrote: »

Ok, I don't know what to do with this information now - because if I tell him is he going to serve me a new S21?

cgrayx wrote: »

Haha, the bloke is a proper d*ck. He sends me cocky-sarcastic style messages about the S21 I previously signed - to which I now know means not a lot.

So, how will I go about that? He's going to hate me when I let him know he is wrong about AST and S21's. Lets just hope he comes to mutual agreement to forget it when I show him the facts.

I wouldnt say anything to him at all, I wouldnt even engage with him about this subject at all, you have all the cards here, I am inclined to let him make possibly one of the biggest lessons to learn as a Landlord.