Section 21 questions, just to double check!

sockpuppet

Hello
I just wondered if i could double check on behalf of my friend?

Her second six month term comes to an end today (30th) and she was due to have moved out last monday (28th). She was unable to as her new landlord has decided at the last minute that she cant move in to her new house yet as he wants to decorate and refurbish it first. really helpful as he didnt tell her til last week and she had already told her current agency they would be moving on this date!

Her current landlord is refusing to let her stay on any longer and wants her out today or he has threatened to break the door down and throw her out/change the locks.

He issued her an s21 two months ago to end today and wants her out tommorow as he wants the house back.

There are no problems at the house, damage or anything.

Can i check whether he can throw her out tommorow, or whether he will have to start court proceedings tommorow?

She will hopefully not be there that much longer, she is all packed and ready to go with deposits ready etc and is hoping that the new agents will have a different property she may be able to move into instead (not ideal, but doesnt want to be homeless!)

Can anyone advise her regarding this at all? As she is panicking and has a six year old child too

Thank you

sockpuppet

Also, just found out they only gave her the s21 three weeks ago when they found out she had a new property to move to and backdated it to show the date two months ago!
Waiting to find out whether deposit was protected etc

Pixie5740

Has your friend signed a tenancy agreement for the new property? If so what is the start date of the tenancy?

harrys_dad

In answer to your question no the LL cannot "throw her out and change the locks". A section 21 gives notice, but only a court can evict. Having said that, the question in the post above mine may also affect her choice of course of action.

sockpuppet

Update, the agent said when they found out she was moving out as requested, for the 1st may that she would have to go on that date as the s21 had been issued at the start. My friend said she hadnt had that so they quickly scribbled one out, backdated it to two months and handed it to her in the office.
Apparently the deposit was protected but she never recieved any info to co firm this.
Any advice to stop her panicking appreciated!

BitterAndTwisted

She appears to be in danger of being illegally evicted if the landlord really does think he can show up and turf her out.

Only she or a court can bring her tenancy to an end, so she should suggest to the agent that the landlord proceeds to court and have her evicted properly and legally.

sockpuppet

Pixie, no she was due to sign it and pick up keys on sat 26th but they put her off and said it would have to be in a couple of weeks time instead.

The current agent had been expecting her to move out on monday 28th and to hand her keys back in tommorow (1st)

X

Pixie5740

Did your friend put anything in writing to the current LA/LL stating her intention to move out by today or is it just this suspect section 21 notice that's floating around?

sockpuppet

She is not expecting the deposit back as the landlord told her as she was moving out by the 1st as requested that she didnt need to pay the last month rent (for april) he would just keep the deposit.
He just turned up on her doorstep and told her this as he was always passing by and stopping to check on the house.

sockpuppet

No it has all been verbal. They told he wanted the house back immediately the second six month term ended so she found somewhere and told them and then they gave her this scribbled s21 to 'make sure she did move out as agreed'
But then it all went awry last week

sockpuppet

BitterAndTwisted wrote: »

She appears to be in danger of being illegally evicted if the landlord really does think he can show up and turf her out.

Only she or a court can bring her tenancy to an end, so she should suggest to the agent that the landlord proceeds to court and have her evicted properly and legally.

I did think that, just wanted to double check. He is very aggressive though and turned up drunk, banging on the door. She lives alone with her son and was terrified.

He has a key so she has had to keep the latch down.

Do you think she will have a bit of time to try and arrange something?
She is trying to as we speak as is too scared to stay now anyway.

Thanks for everyones help