In Private Rental, Owner wants to move back into his house

AnxiousMum

Thank you

I'm concerned that he may backdate it - I'm really not confident going into this meeting with my letting agent, his manager, and the home owner - and feel that they will try to intimidate me into accepting a shorter notice period. I'm just wondering do I need to - I have been asking for this Section 21 paperwork since april 1st when he let me know he wanted the house back and I spoke with the Council Housing Needs team. Needless to say, because I don't have it - my letter from the council states that as of tomorrow if they do not have it, I cannot be considered as 'being made homeless'.

G_M

No. You do not need to go. Indeed, if you feel inimidated, don't.

There is a perfectly legal (and normal) way for a LL to serve a S21. It's called the Royal Mail (though now that they are privatised that name may change....).

But you need to know what you want: it seems you want the S21, so maybe you need to jump through some hoops to get it.

On the other hand, if you want to stay, and it is the LL who wants his property back, then it is up to him to serve the S21.

onamissionEU

Good advice from GM as ever.


It seems to me that you are making a mountain out of a molehill out of this (allbeit unpleasent and disruptive) situation.


Do not go to any meeting. Do not request anything from LL or LA. Do not answer and calls/mails from either. Infact do not do anything apart from look around for other houses.


It is fairly clear that the LL want you out for whatever reason - thats his choice. The following will happen:

At somepoint an S21 (or indeed S8) will be served. Before this happens your contract with the LL is unchanged and you carry on living there just like any other tenant would. The only difference is that you know the LL wants you out soon.


Once you have received (likely S21) notice, this means the LL is seeking possesion from a certain date. He can not force you out at this point. It is, afterall, only a notice seeking posession.


The next step is to go to court (after a VAILD notice expires) and gain posession - this is the ONLY way you will have to leave. This will take a few weeks. DO NOT leave the house upon expiry of the posession notice, as has already been pointed out, a council might view this as making yourself intentionally homeless. Continue to pay rent as normal.


IF the S21 is invalid it will be thrown out of court and the LL will need to serve this again with a new notice period, taking several more weeks. Until a court orders you to leave, don't. This is the law.


If you receive what looks like an invalid S21, do not raise this as an issue - let it get thrown out of court and buy yourself more time.


In short, DO NOTHING (apart from paying rent on time). And obviously keep your eye out for a new house - as you will, at some point, have to move out. Good luck.

princeofpounds

If you receive what looks like an invalid S21, do not raise this as an issue - let it get thrown out of court and buy yourself more time.

Unless you find a better option, such as the council accepting an invalid S21 (which they often will do if you don't tell them it is invalid; they aren't court judges). Or a better private rental property.

You should continue looking because eventually you will need to find somewhere, but you don't need to panic. When onamissionEU says it takes 'a few weeks', it is more like 2 months minimum for a hearing, and the same again for an actual eviction.

AnxiousMum

Thanks again all.

I don't mean to make a mountain out of a molehill with this - just that I know that they want the house back, and I know that I'm going to have to go through housing needs to get another place. They won't accept me as 'soon to be homeless' without the notice - and so my reasons for wanting it is so that I can get this going sooner rather than dragging it out and living in limbo for however much longer than I should need to.

The owner has since come to my door offering me money to move out - which I have of course refused, as it doesn't get me into another house does it!

Had he given it to me right away......the council actually had somewhere for me to have moved into.