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Potential eviction, don't know what to do
mouthscradle
Posts: 1,007 Forumite
There's an even longer back story to this but I will keep it as brief as I can...
Fixed term AST expired on 5th September.
Prior to this, we stated we wanted to stay on SPT. Landlord agreed to this (via agent).
Just before expiry of term, landlord's father let himself in to house with no notice while I was home alone in the shower. I'm pregnant and have been seriously unwell, neighbour was burgled midday not long ago. Came out of bathroom, naked, heard a man moving around downstairs. Panicked that baby would get hurt, crept back into bathroom to hide and texted husband to come home from work not far away. Husband arrives home, asks him what he's doing here. He says agent gave him permission to come, husband explains agent never contacted us. Rather than be annoyed with his agent, he kicks off at husband and starts threatening him then leaves.
Makes us even more determined not to sign up to another fixed term in property where landlord's father, who holds a key, has threatened us.
Landlord (or rather his father - LL lives abroad and authorised father to act on his behalf) and agent are now saying we either sign another 6 or 12 months or a Section 21 will be here by end of the week.
Section 21 will expire 15 days before our baby is due, which also happens to be Christmas...
Reasons we don't want to sign new fixed term:
Don't feel secure in this house now (even though we've changed the lock, without their permission which is breach of our tenancy).
We have been repeatedly emailed verging on bullied into signing by threats of eviction - I'm stubborn and I don't like giving in to bullying LLs or agents!
We are currently looking for a property to buy and were hoping to complete before or soon after baby is born. If we can find somewhere we like with no upward chain it's feasible we can complete within a month of the Section 21 expiring. If we signed for 6 months then buy half way through that time, we can't really afford to pay rent and mortgage, this house is quite expensive. If we found a good house but then delayed the purchase as much as possible, we risk losing the property and it could cause lender to be more nervous as I'd be on maternity leave and we'd have a dependent then already at that point (even though my income won't drop, it's still something I'm anxious about).
Reasons we don't want to move to another rental:
We can't find anywhere within commuting distance of work that will let for less than 6 months, if we sign for 6 months we have the same issue with buying as above.
Both agents and private landlords want references - I can't see us getting one of those from the current LL/LA now!
The fees and costs of moving our 4 bed house worth of furniture will cost us dear.
We have a cat; trying to find somewhere that will accept her isn't easy.
Reasons we don't want to stay and face eviction:
We have no idea how long it might take between expiry of Section 21 and a court granting the LL possession. I know people often say "weeks or even months", but what if it isn't. What if it happens quickly, knowing our luck it would. How many weeks do courts give tenants to vacate the property? Would they take into account the baby is due any day and that we would probably be a large part of the way through a house purchase, and delay eviction accordingly? If so, how much delay is likely?
We don't know how much this might cost us in terms of paying the LL's costs. I know we'd have to pay his court fees but will we also have to pay for his solicitor, etc?
Questions:
If we decide to ignore S21 and stay, but then our purchase completes or we find a new rental between S21 expiry and the court date, would we still have to pay costs?
How much time does the Christmas and New Year period tend to add on the average house purchase time? If we don't complete before Christmas I'm guessing this will add a couple of weeks at least on to the process, making it more likely we will run out of time in the rental.
If we sign a 12 month tenancy that has a break clause at 6 months, can we give notice at 4 months to leave at 6, or do we have to wait to 6 months to give the required two months' notice?
What would you do? :rotfl: This is so stressful. They've given a deadline of tomorrow for us to decide. We just don't know what to do. I can't bear the thought of 'giving in' and signing up and letting them 'win', both the LL and LA have behaved so badly throughout this. But at the same time I'm not sleeping and having panic episodes at the thought of being evicted and having nowhere to go with my newborn baby. I just can't believe this is happening now. Are there any options we haven't considered?
Fixed term AST expired on 5th September.
Prior to this, we stated we wanted to stay on SPT. Landlord agreed to this (via agent).
Just before expiry of term, landlord's father let himself in to house with no notice while I was home alone in the shower. I'm pregnant and have been seriously unwell, neighbour was burgled midday not long ago. Came out of bathroom, naked, heard a man moving around downstairs. Panicked that baby would get hurt, crept back into bathroom to hide and texted husband to come home from work not far away. Husband arrives home, asks him what he's doing here. He says agent gave him permission to come, husband explains agent never contacted us. Rather than be annoyed with his agent, he kicks off at husband and starts threatening him then leaves.
Makes us even more determined not to sign up to another fixed term in property where landlord's father, who holds a key, has threatened us.
Landlord (or rather his father - LL lives abroad and authorised father to act on his behalf) and agent are now saying we either sign another 6 or 12 months or a Section 21 will be here by end of the week.
Section 21 will expire 15 days before our baby is due, which also happens to be Christmas...
Reasons we don't want to sign new fixed term:
Don't feel secure in this house now (even though we've changed the lock, without their permission which is breach of our tenancy).
We have been repeatedly emailed verging on bullied into signing by threats of eviction - I'm stubborn and I don't like giving in to bullying LLs or agents!
We are currently looking for a property to buy and were hoping to complete before or soon after baby is born. If we can find somewhere we like with no upward chain it's feasible we can complete within a month of the Section 21 expiring. If we signed for 6 months then buy half way through that time, we can't really afford to pay rent and mortgage, this house is quite expensive. If we found a good house but then delayed the purchase as much as possible, we risk losing the property and it could cause lender to be more nervous as I'd be on maternity leave and we'd have a dependent then already at that point (even though my income won't drop, it's still something I'm anxious about).
Reasons we don't want to move to another rental:
We can't find anywhere within commuting distance of work that will let for less than 6 months, if we sign for 6 months we have the same issue with buying as above.
Both agents and private landlords want references - I can't see us getting one of those from the current LL/LA now!
The fees and costs of moving our 4 bed house worth of furniture will cost us dear.
We have a cat; trying to find somewhere that will accept her isn't easy.
Reasons we don't want to stay and face eviction:
We have no idea how long it might take between expiry of Section 21 and a court granting the LL possession. I know people often say "weeks or even months", but what if it isn't. What if it happens quickly, knowing our luck it would. How many weeks do courts give tenants to vacate the property? Would they take into account the baby is due any day and that we would probably be a large part of the way through a house purchase, and delay eviction accordingly? If so, how much delay is likely?
We don't know how much this might cost us in terms of paying the LL's costs. I know we'd have to pay his court fees but will we also have to pay for his solicitor, etc?
Questions:
If we decide to ignore S21 and stay, but then our purchase completes or we find a new rental between S21 expiry and the court date, would we still have to pay costs?
How much time does the Christmas and New Year period tend to add on the average house purchase time? If we don't complete before Christmas I'm guessing this will add a couple of weeks at least on to the process, making it more likely we will run out of time in the rental.
If we sign a 12 month tenancy that has a break clause at 6 months, can we give notice at 4 months to leave at 6, or do we have to wait to 6 months to give the required two months' notice?
What would you do? :rotfl: This is so stressful. They've given a deadline of tomorrow for us to decide. We just don't know what to do. I can't bear the thought of 'giving in' and signing up and letting them 'win', both the LL and LA have behaved so badly throughout this. But at the same time I'm not sleeping and having panic episodes at the thought of being evicted and having nowhere to go with my newborn baby. I just can't believe this is happening now. Are there any options we haven't considered?
Mother, wife, scientist, analyst.
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Comments
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The first thing i would do is change the locks!
(Keep the old one to replace when you move out)Should've = Should HAVE (not 'of')
Would've = Would HAVE (not 'of')
No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)0 -
The first thing i would do is change the locks!
(Keep the old one to replace when you move out)mouthscradle wrote: »Don't feel secure in this house now (even though we've changed the lock, without their permission which is breach of our tenancy).
........................................:heartpuls Mrs Marleyboy :heartpuls
MSE: many of the benefits of a helpful family, without disadvantages like having to compete for the tv remote
Proud Parents to an Aut-some son 0 -
Thanks, yes we've changed it. Swapped the barrel with the one from the french doors! It's against a term of our contract but given the already dire circumstances, what's the worst that could happen if they find out!
Meant to add, I expect the S21 to be valid unfortunately - their emails suggest they know exactly what dates to put on it, and they have protected the deposit (although didn't resend the PI at the start of the SPT, but I know that argument would really be clutching at straws!).Mother, wife, scientist, analyst.
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If they issue you with a Section 21 Notice it will have to give you two month's notice. Then they apply to court. As you are aware it could take a couple of months to secure a court date. You don't move out. They then need to apply to the court for bailiffs to be appointed to remove you. This could also take a couple of months.
Which will probably take you to the end of January.0 -
Errrr...... and you know for a fact that they don't have a key for the French doors.....??mouthscradle wrote: »Thanks, yes we've changed it. Swapped the barrel with the one from the french doors!
Come on! They'll have a complete set. I do.
Clearly commiting to a Fixed Term is crazy if you are buying.
Is there anywhere you can stay short term if worst comes to worst and you have a gap?
You also have the option of stalling for time.Questions:
If we decide to ignore S21 and stay, but then our purchase completes or we find a new rental between S21 expiry and the court date, would we still have to pay costs?
Give notice as soon as you know you are moving out. Providing tenancy ends (ie your notice) before the court hearing you should not pay costs.
And a reasonable LL would agree to you ending the tenancy before the notice expires if they want you out (but they may not be reasonable)
How much time does the Christmas and New Year period tend to add on the average house purchase time?
Things can tend to close down for a couple of weeks...
If we don't complete before Christmas I'm guessing this will add a couple of weeks at least on to the process, making it more likely we will run out of time in the rental.
If we sign a 12 month tenancy that has a break clause at 6 months, can we give notice at 4 months to leave at 6, or do we have to wait to 6 months to give the required two months' notice?
It depends entirely on how the Break Clause is worded.
What would you do? :rotfl: This is so stressful. They've given a deadline of tomorrow for us to decide.
* you've got a query about the Break Clause. Can they re-draft it to read "xxxxx"
* you don't understand why it says "xxxxx" - what does this mean?
* you've lost the contract - can they send another copy?
* Dog ate it
* it's in the post
There - that's another 3-4 weeks before the S21 is served....0 -
Yes google tenant exceptional hardship.mouthscradle wrote: »Would they take into account the baby is due any day
If you have somewhere lined up to buy and there is no chain or a simple chain you do have time to buy. What you need are delaying tactics. Was your deposit protected and prescribed information served, Is the section 21 notice valid (when you get it). Otherwise suggest your get a six month AST elsewhere. I doubt a landlord would evict you at Christmas as it will be hard for them to find a replacement tenant then.0 -
Was the PI complete? It's so often not quite right.mouthscradle wrote: »Meant to add, I expect the S21 to be valid unfortunately - their emails suggest they know exactly what dates to put on it, and they have protected the deposit (although didn't resend the PI at the start of the SPT, but I know that argument would really be clutching at straws!).0 -
If you are buying you need to crack on with it if not sign for 6 months and time your purchase to complete around then0
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Errrr...... and you know for a fact that they don't have a key for the French doors.....??
Come on! They'll have a complete set. I do.
Clearly commiting to a Fixed Term is crazy if you are buying.
Is there anywhere you can stay short term if worst comes to worst and you have a gap?
You also have the option of stalling for time.
* you've got a query about the Break Clause. Can they re-draft it to read "xxxxx"
* you don't understand why it says "xxxxx" - what does this mean?
* you've lost the contract - can they send another copy?
* Dog ate it
* it's in the post
There - that's another 3-4 weeks before the S21 is served....
Judging by the amount of spare keys for the French doors that we have here, I suspect they don't have a key. Not unless they went a bit overboard on the key copying. But even if they do, these people are stupid, I highly doubt it would occur to them that that's what we've done and to try the back door key in the front. If they try to get in and key doesn't work, they'll assume we've put a new barrel in as that's what we threatened to do after the whole shower/threatening incident. Plus, this is only really a backup. It's when I'm at home alone that I'm most bothered about and during that time I always keep my key in the inside of the lock and twist it, so that no key can enter from the outside.
We don't have anywhere to stay short term, family are all 250 miles away and if we have a newborn, I don't really want to be up there while husband is down here monday-friday for work. We'd have to consider a short term holiday let, but I dread how much it would cost us to store all our furniture somewhere and get a removal company twice, on top of the rental cost.
The break clause is worded "The LL or T may bring tenancy to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving the LL or T at least two months' written notice". I can't work out if we could give notice at 4 months or would have to wait 'til 6.
Stalling has been my plan for weeks now, I've basically stalled them for over a month now since the shower incident. They've been insisting we resign ever since then and I've been either saying "no thanks, we'll stay SPT" or just ignoring them completely. It's reached the point now where it's the manager of the EA phoning and emailing and he's given us this ultimatum with today's deadline. I have no doubt he will stick to it rigidly.Mother, wife, scientist, analyst.
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Yes google tenant exceptional hardship.
If you have somewhere lined up to buy and there is no chain or a simple chain you do have time to buy. What you need are delaying tactics. Was your deposit protected and prescribed information served, Is the section 21 notice valid (when you get it). Otherwise suggest your get a six month AST elsewhere. I doubt a landlord would evict you at Christmas as it will be hard for them to find a replacement tenant then.
Thanks. So it looks like a Judge could give us six weeks to quit as opposed to two based on the fact that I'll either be about to give birth or have done so within the last week or so.
I have no doubts he would evict us at Christmas. I suspect he's doing this on purpose as he knows when the baby's due and knows that this will cause us maximum stress. He seems to be going out of his way to be petty and pig-headed. Even down to the fact that he clearly doesn't actually want us out, if he's willing to offer us another 12 months. But would rather evict us than back down about an SPT since the shower incident, even though he agreed to an SPT once before that and once after then changed his mind again. It's so stupid.Mother, wife, scientist, analyst.
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