just recieved section 21 (4) (a)

Euphoria1z

Hi

We have just received a letter with section 21 4A notice to require possession. Were currently on a periodic tenancy. we have been given 2 months notice. The landlord is a trust and its agents (chartered surveyors) are who we pay and and who have sent the letter. The section 21 is actually from the trusts solicitors so im assuming they have served it correctly!

My wife and I (and 4 children) are in no position to move. My job is currently commission based and Im making !!!!!! all. Half my rent and council tax is paid by benefits we pay the other half.

we moved here last august and used all of our savings and hoped to stay here long term. ( im 60% sure they advertised it as long term ).

since we moved in our neighbour upstairs has been constantly banging on his floor our ceiling to let us know were too noisy (children make noise we try our best but we also have a 5 month old baby). This guy has complained atleast 3 times in the past 6 months to our agents who have written to us to say so.

Im pretty sure this is the reason why were asked to leave, I phoned the agent (who is named on the lease as landlord as the trust doesn't deal directly) and asked if the property Is being sold or why were being asked to leave, he said its not being sold and that the owners (the trust) want their property back, wouldn't give a reason). he also said we cant contact the trust directly either as he is the agent (not like an estate agent but an actual representative).

im not sure what im asking here, just some advise as theres no way I can afford any further estate agent fees, advance deposits, moving fees etc etc etc. plus we have our stuff as the flat was unfurnished so we brought along everything.

I may just end up letting it go to court and see what the judge says....what do you think the judge will do? I mean if the property is still going to be rented out, then aren't we as good as any other teneant (other than the noisy children which to be honest are no more noisy than any other children, I think theres a lack of sound proofing between flats)?

any advice? any point in letting it go to court or not?

thanks

martinsurrey

The judge doesnt have an option, a section 21 is a no fault notice and the judge must award possesion, as long as the notice is correctly served and the deposit was correctly protected and the correct information given.

So if it gets that far, you've already lost...

sorry.

Mr_Moo_2

Is your land far far away in England?

Section 21 doesn't require LL to state reason for respossession, it's just the start of the legal process to reclaim the property. Assuming a solicitor has drafted it then it should be correct, but you never know! Your deposit also need to have been protected, and you served the presecrbed information about this for the notice to be valid.

Assuming the paperwork is in order, the court will have no option but to grant the order. So you will buy some time if you take it that far but you will eventually get evicted, and the LL may chase you for costs. And if they're a Trust with Solicitors then they probably will chase you for costs.

Sorry, probably not what you want to hear.....

Euphoria1z

land far far away used to be Scotland, but we moved to England and are now renting. deposit is protected yes. if there going to carry on renting it out cant the judge let us stay and carry on renting it?

not worried about court costs as im going brankrupt soon so they can chase all they like .

2 months is a short time as we need to stay in a specific area due to schools..it took us a long time to find this place to begin with.

moromir

Euphoria1z wrote:

if there going to carry on renting it out cant the judge let us stay and carry on renting it?

As the other posters explained, the judge has no juristiction to make that ruling and can only do one of two things -

Either

a) the paperwork is served correctly and therefore the judge must award possession to the landlord or

b) the paperwork is served incorrectly and therefore the judge cannot award possession to the landlord

if b) the landlord simply needs to correct that mistake, re-serve the necessary paperwork, then the judge must do a) (although this can take several months to re-serve everything)

BitterAndTwisted

Speak to your local authority's private lettings people. If you are about to be evicted (and you are) they might be in a position to supply a deposit for your onward move, or maybe guarantee it, or have a list of landlords who accept those in receipt of LHA.

Be under no illusions whatsoever: a Section 21 Notice is also known as a "no fault" notice, so as long as it's been correctly served the courts will have no discretion about granting the landlord possession.

You will be moving, about that there is no doubt. The only question is precisely when.

It appears that your landlord has decided that you're more troublesome to them than the other tenant who has been complaining about you.

Euphoria1z

oh well, I guess id better find a suitable place quick. . thanks for all the replies.