Section 21 notice served

Pixie5740

They'd find out soon enough if/when it gets to court.

What are you trying to achieve here? You've been lucky in that the landlord has agreed to let you stay on even though one of the joint tenants actually served notice to end the tenancy and rent is persistently late. How far do you want to push it? Could you agree to a new fixed term in your name only or will you at some point (soon) start looking for somewhere else to live?

I know it's difficult renting when you're on benefits and that your health isn't great but do you need this stress? Have you spoken to the council or Shelter about your housing options?

Blackbird89

It's not about what I'm trying to achieve, and just to clear something up before anything else, the rent is not persistently late! It has been late twice and I kept them informed about this every step of the way.. And the only reason it was late is because when my ex left I had to reapply for LHA and ESA, and only because of the delay in all of that being sorted, that's the only reason the rent was late twice.

And come on don't pull that card about luck, my ex gave notice by going into the agency and telling them verbally she'd left, that was about the 16th of October, anyway I heard nothing from the agency until the 11th of November when they put the S21 through the door, to expire on the 9th of February, they had no choice but for it to expire on the 9th of February as they left it a little too late to issue it to expire in January, this is because the rent is due on the 10th of each month, it's not about luck, they didn't do me a favour as they issued the S21 as soon as they could possibly do it.

It's also not about pushing it as far as I can, it's about any rights I have that I can use to help me.

And I would agree to a new fixed term if that was on the cards but it's not, the landlord doesn't care that apart from when my ex left the rent was paid in full and on time for almost 4 years. The reason he won't let me stop there is literally the fact I don't have nor can I get a guarantor. I am being defensive but only because of the situation I'm in currently and my health problems and I did take offence when you said I'd been lucky, I've got complete kidney failure and a tumour, I've not been lucky, the landlord has though having good tenants for the last 4 years.

I have spoken to the council and I am going on the housing list with gold status due to my health issues, I will still have to bid for properties.

[Deleted User]

My LL went to court once for a possession order (what he had to get after the S21 date passed). It cost me £280. I would assume it will cost a lot more if you have to pay for every court appearance because you are disputing the S21 notice.

BTW I stand to be corrected, but as far as I know, S21 refer to a notice period. Once that notice period is up, you can be evicted at any time after that date. It does not 'run out' on that date. You and your agency seem to be misunderstanding the legalities of what is going on.

They have now extended the notice and yes, they have 'wiped out' the previous S21 I believe, But check this with Shelter, a Judge has their own opinion and his opinion may differ.

Getting longer and longer notice periods will not necessarily change what the council say. They have a process, that I am afraid they follow. They don't do much on a S21, they acknowledge but don't do much on receipt of a possession order, they can start acting if you receive a bailiffs warrant. Even at this point I was still experiencing some gatekeeping from the council, even though what they was saying was nonsensical. It did increase the stress. I had no certainty until the last minute they were going to help. It went right up until the last day.., the day the bailiffs came round. Bailiffs came round at 10.30.., the council knew about this for a full two weeks but still couldn't see me until later that afternoon. Then I was given emergency housing. But the council took it right to the line (and I have two kids with ASD and lots of physical and mental health problems myself - it made absolutely no difference). The place I was put into was in need of lots of repairs, and fumigation, it had been empty for some weeks, so it could have been given to me earlier. I have no idea why it wasn't. They certainly weren't waiting til the last minute to do essential repairs, I had to sort all that when I moved in. There were still cockroaches in the place lol.

It worked in the end (put in a maisonette), but the process itself was made as stressful and uncertain as humanely possible. Even the last week I was told I would be given a loan and must find a private rental, even though the suggested loan would only be given for a house at or below LHA levels that actually didn't exist in this area. Rents are much higher than LHA.

But, depending on council policies and the medical proof you have, they can be a bit awkward about helping a single man. I hope they do but I'd get all the medical opinions you can (written) and Shelter involved. I would imagine the first thing they will offer is a loan to help with a deposit and first months rent. They will say you have no chance of social housing - but this may well not be true at all with your health needs if you can provide proof. If they try to move you into B&B out of the area and you need medical treatment in the area, get the medical professionals to write saying this asap. Seriously, do this (something similiar helped me go from only being allowed single room accommodation for all of us to a 2 bed maisonette, but it took ages to get all the proof of need).

I've just seen your new post.

I know, people told me I was lucky.., as I replied, I wish I felt lucky lol. Its something people don't get because the process is so stresseful.

Blackbird89

deannatrois wrote: »

BTW I stand to be corrected, but as far as I know, S21 refer to a notice period. Once that notice period is up, you can be evicted at any time after that date. It does not 'run out' on that date. You and your agency seem to be misunderstanding the legalities of what is going on.

I understand what your saying but I can't just be evicted at ANY time, such as tonight for example, the landlord still needs to go to court to obtain a possession order and that could take weeks possibly months?

I will try to reply to the rest of your post at a later date but I'm currently at hospital on dialysis so it may well not be tonight. Also yes I would be able to get proof of my illness without a doubt as it's readily available if I ever need it.

[Deleted User]

I meant that you are misunderstanding the purpose of a S21. Once the notice period is served, the LL can then pursue court action to get you evicted. No they can't just evict you without court papers, But the point is the S21 doesn't 'run out' in the way you are understanding. But the LA have shot themselves in the foot now.

Try and call Shelter and clarify some points.

Blackbird89

Just need a bit of further advice if possible, the landlord allowed another month as long as I paid rent from February until March which I did, anyway as it turns out the section 21 was still valid and the landlord accepting rent from February until March didn't affect the S21.

So I basically have until tomorrow before the landlord either lets me stay in the property further or chooses to apply to the court for a possession order.

My query is as follows, I am told if the landlord goes to court and the judge makes a possession order, you normally have 14 or 28 days to leave the property or if this will cause exceptional hardship, the judge may give you up to 42 days to leave.

I have kidney failure and 2 tumours, 1 on the top of my right leg and 1 smaller 1 on my shoulder and if I had to leave within either 14 or 28 days it would cause me exceptional hardship, do you think a judge would allow the full 42 days based on that? I'm told in my case they most likely would but would they then turn round and say the landlord has already given you an extra month so where going to take that time off the 42 days and then only give me something like 10 days to leave?

I am quite worried due to being very ill, and I have tried to find somewhere in the last month but due to the same reason the landlord wants me to move out of his house I can't find anywhere (lack of guarantor) and even though the council and housing associations are trying to help me, accommodation still hasn't been forthcoming so I'm struggling.

Sorry for the long post, I just didn't really know how to word it.

Thanks.

[Deleted User]

Get your doctors to write to the Housing Dept..,establish yourself officially as vulnerable and the council will have to place you in emergency accommodation when you are evicted. However, unfortunately, depending on your council's policies, there can be no certainty where and in what you will be placed.

Whether you will be allowed to stay for a further 42 days rather than 14 is up to the Judge if a possession order claim is placed. He should do, but its a judgement thing.., and can't be predetermined.

Bear in mind that it will probably take 10 days from your LL going to court for the Possession order to go through at least (can take longer if the courts are busy but mine went through in days), then there's the notice period awarded by the Judge, then it will take the same time period ish for a bailiffs warrant to be issued, which will give you another 2 weeks.
I'm sorry, I know that this all just adds extra stress to the already bad situation.

What are housing saying?

I wasn't found somewhere to live until a few hours after the official eviction in spite of having two kids with special needs, being highly stressed and the maisonette I now live in as emergency accommodation being empty and not in receipt of repairs for at least a month before I moved in. Its just how my council does things.

G_M

1) As deannatrois says, it is only possible to guess (not guarantee) whether a judge will allow an extended period due to exceptional hardship.

There is no hard definition - each case stands on it's merits and on the judge's opinion.

Clearly the stronger the medical, psychological, financial, council etc evidence you present to the judge, the more likely he is to grant an extension.

So gather together copies of all relevant documents. Ask your consultant to write a medical report (some charge for this though). Print off your list of weekly dialysis appointments. If you have any documents from council Housing, copy them ready. Etc.

2) to clarify the S21 expiry. A S21 Notice gives the tenant a 2 month notice period (of the LL's intention to go to court). It is that notice period that expires after 2 months, not the S21. Thus after the 2 month period of notice has expired, the LL is free to go to court at any time.

3) you can, as suggested earlier, contest the S21 on the grounds the LL offered a further tenancy. On reflection, this may, or may not, suceeed. As with the exceptional hardship above (see 1) it depends on the judge. He may argue that the LL simply chose to wait a further month before applying to court (which he is entitled to do - see 2 above), or he may rule that a new tenancy was granted, thus invalidating the S21.


Good luck with the Housing, and the treatment.

Blackbird89

I got 42 days to find somewhere else but unfortunately due to having no guarantor I've been unable to find further accommodation so on Tuesday the 7th of June the possession order expires meaning I have to leave no matter what on that date.

If I don't then that's the date the bailiffs get me out from what I'm told. That's true isn't it?

[Deleted User]

In my case the bailiffs couldn't even be appointed until the possession order was up. Then they sent a form, giving me at least another two weeks until they turned up.

My LL did try to get the bailiffs in before the possession order, and apparently the bailiffs just sent the paperwork back to them. They wouldn't even look at the case until the possession order date was up.

So no you won't be evicted on the date of the possession order. Only bailiffs can legally force you to leave the house.

Concentrate now on getting medical letters showing you must stay in the area for medical treatment. You need to make a case to stay so the council can't place you out of area because rents are cheaper elsewhere (if they are). This took about 10 days to be decided in my case. You could also ask the council what their policy is on emergency accommodation (where and what they use) so you know what you have to fight, if anything. If you need protection against infection, ability to prepare a special diet etc. All this needs to be in the letters your doctors send.

I sense that with so much going on you can't see the wood for the trees. You aren't able right now to pick up on what advice is useful and pertinent to you and what isn't. Try and get some support to help. The British Kidney Patient Association has a support and advocacy service.., please phone them on 01420 541 424