Potential eviction, don't know what to do

mouthscradle

franklee wrote: »

Was the PI complete? It's so often not quite right.

I've no idea, how can I tell? It looks okay. What would make it not valid?

mouthscradle

Quick question: If a new tenancy period starts on the 6th of the month, would we have to receive the S21 by the 5th for it to be valid? Note, I know that LL's don't have to coincide their notice with a rental period any more. But interestingly, the LA don't seem to know about this... Hence the deadline of today, so that they can get the S21 to us by the end of the week. If they hand delivered it to us on the 4th or 5th and it was considered served the next working day (as per a clause in the tenancy agreement), which would be the 6th, would they think this was too late to be valid?

theartfullodger

Judges even in Dave's Britain are usually very unwilling to evict over xmas/new year..

You should keep a log (handwritten is fine ) of any aggravation or harassment you get. Harassment is a CRIMINAL offence that can get landlord a **free** holiday inside.. See,
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

Shelter also have a free helpline for all things housing if you want another, private, opinion...

mouthscradle

theartfullodger wrote: »

Judges even in Dave's Britain are usually very unwilling to evict over xmas/new year..

You should keep a log (handwritten is fine ) of any aggravation or harassment you get. Harassment is a CRIMINAL offence that can get landlord a **free** holiday inside.. See,
http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction_by_landlord/harassment_by_a_landlord

Shelter also have a free helpline for all things housing if you want another, private, opinion...

Thanks, I'm going to phone Shelter this morning.

Does anyone know whether courts close down over Christmas/New Year period for issues such as possession orders, or would they only close for the Bank Hols and otherwise continue as normal? Wondering if that could buy us a couple of extra weeks.

Our council's Tenancy Relations Service have advised me that the process from issue of S21 to bailiffs being instructed takes an average of 3.5 months here. Hopefully long enough for us if we can delay the S21 and then get an extension from the Judge due to childbirth... Argh! It's the uncertainty that I hate. Both in terms of time and how much we might have to pay in costs.

theartfullodger

There is a sort of unofficial amnesty over that period but no doubt gor extreme cases an eviction possession order could be granted.

You have Thatcher to thank for the s21 process: Remember when you vote!

mouthscradle

Well now I'm even more worried! We're planning to go to Woolwich for the mortgage and have got the AIP from them, just seen this topic on the Mortgages board... https://forums.moneysavingexpert.com/discussion/5072015

No way is the LL going to give us any sort of reference, I highly doubt the LA would either! Or at the least they'll probably drop in there the fact that we're being evicted. Grrr. Will have to discuss this with our broker, he isn't aware of the latest developments yet.

theartfullodger

Landlords & agents are often surprisingly willing to give excellent references if it means the tenant will leave and avoids the time & expense of going through the courts.

G_M

mouthscradle wrote: »

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.

Perhaps - but I doubt it. The number of spare keys you have indicates nothing. Most LLs keep copies of every key (and give complete sets to their agents).

Those keys are held on a single key ring. If the first key the agent tries does not fit, they will simply try the next one - they are unlikely to remember which key was for which door. They have 100s of properties!


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. Since the tenancy can be 'brought to an end' after 6 months, notice should be served at 4 months to achieve this.

Quick question: If a new tenancy period starts on the 6th of the month, would we have to receive the S21 by the 5th for it to be valid?

No.

A S21 (1)(b) must provide 2 calender months notice. See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

mouthscradle

G_M wrote: »

No.

A S21 (1)(b) must provide 2 calender months notice. See

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

Thanks G_M. My understanding was that that's true if they use S21(1)(b).

But I have a feeling that they still think they have to use S21(4)(a). Doesn't this one still require two rental periods of notice, and would therefore need to end on 5th December?

I've managed to stall them until Saturday. But they are saying that they have already drafted the S21 served 5th Oct and expiring 5th Dec and WILL be serving it on Saturday if we haven't signed on that day. I can't be certain, but am hoping that the reason they are so heavily insistent on this deadline is due to the above, they believe they have to serve before the 6th and so are planning to use S21(4)(a).

They would have to hand deliver it to the property for us to receive it before the 6th, and so I imagine they will do so on Saturday or Sunday. BUT, our contract has a clause that states that any notice delivered to tenants by hand before 5pm will be considered served on the next working day, excluding weekends and bank hols. So, if they date the S21 5th but it's not considered served until Monday 6th as per the tenancy agreement clause, will it be invalid?

I seriously hope so because that would possibly buy us another two months (no way would I point it out to them until then!). Of course, there's always the chance I'm wrong and they will go for S21(1)(b). Although again, if they serve that on the 4th/5th dated the 5th (so with a notice period starting on the 5th), but it's not considered served until the 6th, would that also be invalid?? Or is that wishful thinking...

I'm so confused :rotfl:

mouthscradle

Actually, I think I'm wrong. If they serve it on 4th or 5th, they could put notice date of 6th on it, which would be when it was considered served. 6th Oct to 5th Dec would be two rental periods' notice, wouldn't it? Damnit...