Section 21 notice served

Blackbird89

I had a section 21 notice served on me on the 11th of November 2015 to expire on the 9th of February 2016. This was due to my partner leaving and giving her notice to the agency we were renting through.

I have asked the agency on several occasions to ask the landlord if he will agree to 1 more month but constantly get told he's not willing to. The rent was always paid when my partner was there and whenever they came to do an inspection they always asked if we had any plans to move and we didn't and the landlord was apparently happy to carry on with the tenancy.

Now since my partner left and me having to claim everything fresh, ESA and LHA etc, there has been a delay in the landlord getting his full rent but I've always made sure it was and is paid the same month it's delayed and last month and the month before it was paid in full and in time as it was before my partner left.

I have kidney dialysis 3 times a week and I also have a tumour on my right leg, I'm just apprehensive as to what the agency will potentially do tomorrow to get me out as they are adamant the landlord requires possession tomorrow. But I have nowhere to go and from my research the landlord has to go to court to get possession after tomorrow, is that correct? If so how long will that take?

G_M

When the S21 expires tomorrow, the landlord cannot evict you. So if there is any attempt by him, his letting agent, his 'mates' or anyone else - call the police.

Tell them it is an illegal eviction contrary to the Protection from Eviction Act 1977. Make it clear there is NO court possession order. (the police sometimes are ignorant of this area of law and say it is a 'civil matter'. It is not. It is a 'criminal matter'.)

Use 999 if there are physical threats, and do not let anyone inside.

Yes - the LL has to go to court and ask for a possession order. Provided he has done everything right (the S21 is valid, the deposit is registered etc) then the court will grant him possession and you will have to leave.

But this will take several weeks at least.

HouseBuyer77

A section 21 notice is simply the first stage to eviction. It will allow the landlord to go to court to gain possession and from then they have to start eviction proceedings, it can take a few months. This does depend upon the notice being correct served in the first place!

Could be worth changing the locks, if they turn up tomorrow stand firm, don't let them in. If they they are harassing you contact the police.

Blackbird89

I got a phone call yesterday from the agency after informing them I wouldn't be leaving as I had nowhere to go, and the agency left a voice mail saying that the landlord was all of a sudden able to do something, despite refusing constantly until the day before the S21 expired.

Anyway he said if I can pay a months rent then I can stay there for another month, so I rang the agency today and they tried to make it sound like they were doing me a favour (I suppose they are in a sense.. not sure what sense though) by telling me they would have to issue another S21 so I'd get 2 months to find somewhere not 1.

The rent is due tomorrow anyway as it was always paid on the 10th of each month, so I'm safe in the knowledge I've now got 2 months to try and enlist the council's help as I won't be able to rent through another agency or private for the most part due to not having a guarantor. It's that which has caused all of this in the first place, it obviously doesn't matter that almost 4 years of Rent has been paid on time and that doesn't mean anything to the landlord .

thesaint

Should the landlord evict the tenant using the notice to quit, the OP doesn't have the time in the property they think they do.

Blackbird89

Sorry? I do have the time I think I have. For a start see here m.england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice

And if you read my last post you will notice I now have 2 months at least to find somewhere else.

So what exactly do you mean when you say I don't have the time I think I have? It clearly states depending how busy the courts are that after a S21 expires it can take 4-6 months to go through court.

Guest101

Blackbird89 wrote: »

Sorry? I do have the time I think I have. For a start see here m.england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice

And if you read my last post you will notice I now have 2 months at least to find somewhere else.

So what exactly do you mean when you say I don't have the time I think I have? It clearly states depending how busy the courts are that after a S21 expires it can take 4-6 months to go through court.

You haven't yet been issued with a new s.21.


All you have is verbal confirmation. Which is pretty much worthless.


As for the courts. It can take 4-6 months, but it cant take 4-6 weeks. It varies.

Blackbird89

Sorry I haven't been clear enough, I have been issued with a new S21 notice, the agency put it through the door yesterday.

That's why I said I do have 2 months at least, to find somewhere else.

By the way I know verbal communication is worthless (not maybe worthless) and it wasn't verbal communication they said about issuing a new S21 anyway, it was through email.

thesaint

Blackbird89 wrote: »

Sorry? I do have the time I think I have. For a start see here m.england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice

And if you read my last post you will notice I now have 2 months at least to find somewhere else.

So what exactly do you mean when you say I don't have the time I think I have? It clearly states depending how busy the courts are that after a S21 expires it can take 4-6 months to go through court.

You have stated that your partner has served notice:

Blackbird89 wrote: »

This was due to my partner leaving and giving her notice to the agency we were renting through.

Blackbird89

I know what I said, why don't you read the rest of my posts to keep up to date what's happening right now, not what she did last October.

Also I wasn't clear on that either, I meant EX partner.

Just to be clear, she gave notice last October right, the landlord told the agency that if I paid the rent I could stay in the property in November, December and January, the agency then issued a S21 on the 11th of November 2015 to expire on the 9th of February 2016. I informed the agency I could not leave as I had nowhere to go, so they spoke to the landlord and a new S21 has been issued giving me 2 months to find somewhere else, with the help of the council and housing associations, how much clearer can I be?

dc197

Blackbird89 wrote: »

Sorry I haven't been clear enough, I have been issued with a new S21 notice, the agency put it through the door yesterday.

Blackbird89 wrote: »

Also I wasn't clear on that either, I meant EX partner.

People are trying to help you. Give them the complete and accurate information they need to do so.