served s.21, buying a house... question

laura_louise

I have been served a s.21 from my landlord, asking me to leave by 15th March.

I am currently in the process of buying a house, i have had an offer accepted and have submitted the mortgage application yesterday. I think there's a good chance that i won't be ready to leave on 15th March and am wondering what to do.

I am aware that i can stay past the s.21 and the LL then has to go to Court to get me evicted, but i don't want to do this if it will effect my credit rating and potentially derail my mortgage application. So my question is, does it effect my credit file if the LL takes me to Court for eviction?

Pixie5740

As long as you continue to pay your rent whilst living in the property there's no reason why an eviction notice from court would effect your credit files.


Have you spoken to your LL about your situation? He/she might be ok with you staying in the property for a bit longer.

thesaint

Are you certain the Sec 21 is valid?

laura_louise

Thanks for the help.

Was going to post it here to get someone to check it over but the site wont allow me to add pics/links

The estate agent posted a form asking me to leave along with a witness statement signed showing that it was served.

LandyAndy

Pixie5740 wrote: »

As long as you continue to pay your rent whilst living in the property there's no reason why an eviction notice from court would effect your credit files.


Have you spoken to your LL about your situation? He/she might be ok with you staying in the property for a bit longer.

This is definitely the first thing to do. You may well be able to come to a mutually satisfactory agreement.


TBH I think your purchase should be very near completion by 15 March.

G_M

Most LLs would far rather show a little flexibility on tenancy end date, and have the tenant leave voluntarily, and without animosity, than stick rigidly to a date and have o use the courts etc.

So speak to the LL.

Bear in mind though that whilst he may agree to be flexible, he is unlikely to withdraw the S21, or to agree anything in writing. To do so would invalidate the S21.

But he is under no obligation to go to court on the S21 expiry date. If he is confidant you will leave a wee/month or two later, and is happy with this, he can just wait.

The S21 remains valid, so he can still use it if, for example, you do not move out on whatever date you have agreed.

Your credit file is unaffected by any of this.

thesaint

laura_louise wrote: »

Thanks for the help.

Was going to post it here to get someone to check it over but the site wont allow me to add pics/links

The estate agent posted a form asking me to leave along with a witness statement signed showing that it was served.

What date did your tenancy agreement start?
How long was the fixed term?
Was a tenancy end date specified?
What are the rental periods(i.e weekly, monthly)?

ACG

I would be surprised if you can not complete on the purchase by the 15th March. Thats 2 months plus however many days you submitted your application.

Assuming the vendor does not drag their feet and solicitor is on the ball, 8 weeks+ is plenty of time.

laura_louise

There is a tenant in the property i'm moving to, so if they overstay their welcome it could add time and force me to overstay here also. I will approach the LL in a couple of weeks, hopefully after i have my mortgage decision back (it will be back in a couple of weeks, right?!) and tell him my situation and see if they'll just agree to let me stay a little longer. My LL is selling the property i'm renting but hasn't found a buyer yet, and i've been co-operating with (huge numbers of!) showing potential buyers around.

To answer the questions above from thesaint, my tenancy agreement was 6 months from mid-July 2014, the day they served the notice to me was the day the tenancy rolled over onto a periodic tenancy, i pay monthly.

thesaint

If you want general advice, then someone else can help you using the answers given.

G_M

If you want specific advice, answer thesaint's questions!

laura_louise wrote: »

To answer the questions above from thesaint, my tenancy agreement was 6 months from mid-July 2014,
That is not a date. thesaint asked " What date did your tenancy agreement start?"
the day they served the notice to me was the day the tenancy rolled over onto a periodic tenancy,
That is not a date. What date did the LL serve notice (and how)?
i pay monthly.

thesaint also asked (very relevantly):

How long was the fixed term?
Was a tenancy end date specified?