Valid Section 21 do I have to Leave?

Okydoky25

Long story short we received a Section 21 because the LL wants to sell up. We are and always have been upto date on rent so no issue there.

We were going to buy a property rather than rent another but that fell through last week and we need to be out of here by the end if the month.

Do we have to leave? We have requested an extention from the LL but he has refused. My understanding is if we stay it would take months to gain possession. Would doing this damage our credit report at all?

00ec25

you can stay until such time as court appointed bailiffs turn up and physically remove you, until then there is nothing anyone can legally do to physically remove you. Having served a S21 the LL will need to go to court to seek possession (another 1 - 2 months delay) and then wait for the bailiffs to serve the eviction (another 1 - 2 months delay)

the only way your credit rating could be impacted is if you do not pay any court awarded fines, penalties or damages within the required timescale. Only then will the CCJ be deemed to be in default,

obviously your relationship with the LL will be rather sour but any attempts by the LL to p"persuade" you to move out may constitute harassment and/or illegal eviction, both of which are criminal offences, although unless there is a breach of the peace the police are unlikely to help you

BitterAndTwisted

No, you don't have to leave on the expiry of the notice. Your landlord has probably not agreed an extension because that would invalidate the S21.

The landlord going to court to gain possession won't have any effect on your credit-files but his costs could be awarded against you.

G_M

00ec25 sums up well.

The LL cannot just turn up the day the S21 expires and force you out. That ould be a criminal offence ( Protection from Eviction Act 1977 +
Housing Act 1988).

He needs to get a court order.

However, you will probobly have to pick up court costs as well as deal wih a less-than happy landlord.

You could offer to leave when the S21 expires if the LL pays your removal expences/whatever - that way the LL speeds up you leaving and avoids the court hassle and you get somehing too.

You will have to leave at some point as the court will grant the LL possession (assuming the S21 is valid), the timing is uncertain.

Okydoky25

So really if we were to be gone by the end of April there is not a lot they can do in that time frame?

BitterAndTwisted

Well, the landlord probably won't have secured a court-date before the end of April.

If you care about the return of your deposit it would be wise to keep the landlord in the picture as to your intentions. Plus, it might stand you in good stead if you're clear that you'll be as flexible as you can be about viewings during your last weeks in the property.

pmlindyloo

Whilst you do not have to leave until the LL gets a court order you may want to consider further negotiation with the landlord.

Would you be prepared to allow the LL to market the property whilst you are still there?

A pain in some respects but that way does save a lot of aggro. and money (court costs)

You could give the LL days and times when you would be willing to have viewings and even negotiate a reduction in rent.

Perhaps the LL would be more willing to negotiate with you if you were willing to compromise a bit.

I don't usually suggest this but I do have some sympathy with the LL since at least he hasn't automatically tried to insist on viewings whilst you are still there but has asked you to leave before he starts the process of selling.

Of course if he wants to redecorate etc then this might not be feasible.

And, of course, entirely up to you as to whether this would be acceptable.

Okydoky25

We have already suggested we would be happy to do viewings etc and even that if they did get a quick sale that we would move out sooner but this offer was declined.

At the end of the day we want to buy a house (not this one) and if we have to take on another rental this would tie us in for 6 months which we want to avoid.

starfish_chimp

Hi Oky, There's some good advice on this thread. Unfortunately many LLs think they are God and can do as they please, throwing people out on the streets at a moment's notice or at whim. They won't be reasonable and won't negotiate with their tenants as they somehow seem to see them as unworthy of any basic respect or consideration. Even when you have been a good tenant and have been happily paying their mortgage!


Nobody likes to fall out with their LL, but on the other hand, did he care about falling out with you, when he refused to negotiate or be reasonable or possibly even civil? It seems he didn't care, but you are meant to? I think in this country we are always taught to defer to those who have more power than us, simply for that reason, though its often dressed up that we should be "nice" to people (who are not nice to us!)


I appreciate that there are also good LLs and bad tenants, but many bad and unreasonable LLs think they have all the law on their side, and whilst they do have alot of the law on their side, they don't have it all. Tenants have rights for a reason, and good luck with defending yours if that's what you need to do.

starfish_chimp

P.S. About 70% of Contracts/S21 notices are not drafted properly by landlords, and therefore are legally INVALID! It may be of great help to have someone from Shelter or a Solicitor to have a really good look through your contract AND S21. That may give you alot more time, and they will have to issue a new S21. I would really, really encourage you to do that before you do anything else!!!

princeofpounds

Personally, i don't think a 6 months new let would be all that disastrous. You are probably looking at minimum 3 months before completion anyway, and that assumes you find another place you like quickly.

Evicting people by court order can take months, but is could be as short as 2 months, which may not be the extension you need.

I'm a big supporter of tenants generally, but I'd avoid forcing landlords to go to court if there are other reasonable options.