Section 21 issued, but told not to move out!

grifferz

N1AK wrote: »

They are basically issuing the S21 so that if you turned out to be a difficult tenant and refused to move in the time period they want they can get a possession order quicker.

This is not a good thing for you. I would make it extremely clear to your letting agent that if the S21 isn't revoked you will treat it seriously, as one should treat an S21, and plan to leave around the time it ends.

I agree, but my understanding is that if they put it in writing that they wish for the tenant to stay beyond when the S21 expires then the S21 will be invalid anyway.

Although if I was relying on this, I would want their written agreement to arrive after the S21 does, as otherwise there could be an argument that the S21 supersedes any previous agreement.

Without a valid S21, their request for a possession order will fail.

I agree that for a simpler life the tenant should probably just act on the S21 when it arrives.

N1AK wrote: »

The landlord has shown they will put their own interest ahead of yours, it wouldn't surprise me if they get an eviction notice against you straight after the S21 period to ensure they can get you removed quickly (even though you have shown no reason to think you won't leave without it). This will make it much harder for you to rent again.

AFAIK having had a possession notice raised against you by a court does not prejudice you for further tenancies, as long as you paid the rent that was agreed the whole time. I don't think anyone can even look up that you had one against you. Can someone clarify?

What might harm your ability to get tenancies in future is if, when asked for reference, they said, "oh, we had to use a possession order to get them out as they didn't abide by the S21" which would reflect extremely badly on you and you'd be left to argue that they told you to (which is where having it in writing might come in hady again).

Again, does sound like hassle.

franklee

Leaving a S21 dangling over a tenant's head while saying off the record a tenant can stay is often nicknamed a Sword of Damocles (I mention this as it's a useful search term to pull up other threads discussing it as my sig mentions).

Xiphias wrote: »

will be issuing a section 21 with a date of mid Sept 2013 (2 months notice), but not to panic as they are only doing this as it's law and after that date I can continue living here as normal and when things get nearer to the house being sold (solicitors and things), they will then give me 2 months notice

Pull the other one. IF they were always planning to serve you two months notice nearer to the house being sold then they wouldn't need to serve one now would they. What they are trying to do is have their cake (the rental income) and eat it (sell the house being able to get rid of you without the bother of having to wait for two months notice). Remember if any buyer is buying to live there (rather than buying to let) they will not exchange contracts until the tenant has vacated. Therefore they will want to get rid of you asap.

As everyone else has said once the initial two months notice is up the landlord can ask you to leave anytime - without giving you any more notice. If you don't go he can apply to court for a possession order. This is likely to cost you the landlord's court fees and make it easy for him to spin a bad reference for you. What future landlord would want an "awkward" tenant who didn't move and forced the landlord to take court action? This will likely be used as leverage to get you to co-operate with their terms.

I recommend the best thing to do is prepare to move in your own time, serve your own one period notice and leave them to sell the house empty. If you really want to stay get any "promises" made about ignoring the S21 in writing so you will be able to prove the S21 is void. If they won't put it in writing then I recommend you do not believe what they promise. Remember the agent may be friendly to you but they work for the landlord and in order to get their commission.

franklee

tim123456789 wrote: »

rubbish. It is perfectly normal part of the process and does not count against the tenant who waits for it to happen

It shouldn't count against a tenant in theory. In reality a reference saying the LL had to to take court action to evict the tenant as they didn't move when the S21 notice asked is going to deter many good landlord from taking the tenant on limiting the properties the tenant can move to. I'd not like to risk losing my "clean slate" by going along with a current agent's dodgy plans.