Being made homeless, council advice seems dodgy

lighting_up_the_chalice

Pondering wrote: »

Becoming a squatter is only a state of mind ....

No-one becomes a squatter by staying beyond the expiry of a S21/S8. You are still a tenant.

mlp

As a few has said, regardless of what the law might permit you to do, surely the best course of action is to leave peacefully. If you want to take your pick of houses for your next tenancy you will need a decent reference from your present landlord.

dinofabio

RAS wrote: »

When at the end of May?

That is the point at which the LL will first be able to take court action.

Time before he can get a court date 2-12 weeks depending on the area?

Once he has the possession order, time to book bailiffs - 2-8 weeks.

Realistically 3 months or more.

That assumes that he got the S21 notice absolutely correct.

Is the deposit correctly secured? Where?

Did he issue or re-issue the prescribed information at the start of the most recent tenancy?

what about having a few morals

dinofabio

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The councils are just buck passing and fobbing you off - they don't want you on the books. People on here advising you to look for technicalities etc as a get out of jail card - ignore them and try to do the right thing.

Speak to the landlord and try to reach an amicable agreement so that you can leave in a timely manner. What you do now could seriously affect you in the future when you try to rent private properties - eg landlord references, going to court etc

lighting_up_the_chalice

dinofabio wrote: »

.

The councils are just buck passing and fobbing you off - they don't want you on the books. People on here advising you to look for technicalities etc as a get out of jail card - ignore them and try to do the right thing.

Speak to the landlord and try to reach an amicable agreement so that you can leave in a timely manner. What you do now could seriously affect you in the future when you try to rent private properties - eg landlord references, going to court etc

Technicalities? Correctly serving a S21 is a statutory requirement, not a "nicety". It also dictates the councils reaction. What you are proposing seems to be surrendering all of the tenants protection and rights so as not to slightly inconvenience a LL. We've moved on from the feudal system in this country.

mchale

lighting_up_the_chalice wrote: »

What you are proposing seems to be surrendering all of the tenants protection and rights so as not to slightly inconvenience a LL.

And possibly leaving the tenant with a large legal bill, bad reference & possible ccj, so it screws them up for future renting, loans etc.

lighting_up_the_chalice

mchale wrote: »

And possibly leaving the tenant with a large legal bill, bad reference & possible ccj, so it screws them up for future renting, loans etc.

How would the tenant get a large legal bill and/or CCJ if the landlord can't manage to serve a valid notice?

Somerset

lighting_up_the_chalice wrote: »

The council, quite rightly, have determined that there is currently no threat of eviction and/or homelessness as a valid S21 has not been served.

If this were me, I'd be getting that S21 checked. I certainly wouldn't be taking the word of the ''lady from the council''.


Everyone is accepting the S21 is incorrect - that may be a costly assumption.

mchale

lighting_up_the_chalice wrote: »

How would the tenant get a large legal bill and/or CCJ if the landlord can't manage to serve a valid notice?

Because once you have vacant possession, you pursue the tenant for all the costs you incurred to obtain VP.

lighting_up_the_chalice

Somerset wrote: »

If this were me, I'd be getting that S21 checked. I certainly wouldn't be taking the word of the ''lady from the council''.


Everyone is accepting the S21 is incorrect - that may be a costly assumption.

I'm pretty sure that the homeless section of the LA see more S21s than most people. Statistics from the courts would indicate that 7 out of 10 S21s are invalid, and that's just those that get as far as the courts, so an assumption that it's incorrect may have some merit.