landlord is selling the house

[Deleted User]

Lisy, honestly I have been through this, I do know what you are going through and how stressful it is.

I completely agree about how councils force you to go through this process and yes I missed the £400 I had to pay on court fees (when it happened to me a couple of years ago). I'm afraid there always are some people on here that just don't realise how difficult it can be to get private rentals. The LL's who will rent to tenants on HLA for example has plummeted. In some areas they are non existant.

The only way over this I am afraid is to see if there is an area you can get to that is a 'low rental specialist area' that does make a living out of renting to people on benefits (if you are). They do exist, they are often not good areas but you almost certainly won't be put in a good area with emergency housing or permanent housing - unless your council does things differently to mine. I hope they do lol. I was glad to have a roof over our heads, and the area wasn't the worst, but erm there was a lot of drunks, shouts and screams and music played all day long (was put on a sink estate). You might possibly have more choice than that if you can find a way to change the area you live in.

Even though I explained to the kids that there was a procedure and we'd have full warning of when we needed to go, and the council had to provide something - they were still imagining we'd be on the streets because kids work on a 'what if' basis.

Being evicted wasn't one of the best days of my life, and the council didn't help (I didn't know til I turned up to the office myself if they'd actually have somewhere for me to live even though the property they gave me had been vacant for a month) but it was actually quite civilised. The council kept me waiting til 3pm but shortly after my younger son came out of school I had the keys and somewhere to take them. It wasn't as bad as it could have been.

saajan_12

None of this is your fault, but the bottom line is you can be evicted

Whether by your current LL or a future LL who buys the place. Once Section 21 is validly served, you'll have 2 months before the LL can apply to court and costs start rising. Once a possession order is granted, bailiffs can be called and it becomes less certain of the date you have to be out. If you go for council housing, you may well have to move out and hope for housing without certainty of where and may get temporary housing before they settle you into somewhere long term. It's the most stressful way of moving.

You don't have to do this, but it's my best, practical advice for your family:
Far better to focus on trying to find a private rental now rather than string out the eviction.. more weeks but less time to actually search because you're looking at the legalities won't help you.

gingercordial

lisylu55 wrote: »

This is why I wanted advice I need to know what can be done I know eventually I am going by to have to admit defeat in this and the eviction will be completed but I needed to know if they are doing this properly and not trying to cut corners etc. I'm well aware that I have 2 months notice once the section 21 is served and like I have stated before I have been looking like crazy every day to find new accommodations for us. I know the gas safety check etc is irrelevant now but I was trying to elaborate on just how snidey these two can be so that you get my concerns about the eviction being maybe pushed through or tried to be pushed through quicker or illegally, they will cut corners on everything they can.
What annoys me in this is that I'm made out to be the bad guy I'm the one that's being 'awkward' no I'm the one that has been instructed by the council that no matter what I have to string it out as long as possible so I 'may' have a chance at getting a house! Not to mention if it goes to court I have to fork out for the court costs yet it's the council that will have practically forced me down this route if I don't find alternative accommodation! There is simply not enough housing to meet demands
Like I have said I am exhausting all options,private let's, estate agents and council I can't find something that isn't there :mad: but I will continue to scour the Internet and call every landlord known to man in my area.
I have sat my kids down several times and explained what is going on yes I may be stressed about the situation but I certainly don't depict it as a horror scene. I have told them that we will have to move and that we are looking etc I haven't said we will be out on the streets etc! They know what's coming and are aware of this but just like any child their imagination goes into overdrive and no amount of talking is going to change that.

But remember if they try to cut corners or do things illegally this can work in your favour.

Say they don't bother to issue the section 21 notice properly. If it is in any way not "by the book" it will be invalid. When you get it, come back here and give us the exact wording and we can tell you if it is correct.

If it isn't, don't tell them, let the two months run on, let them go to court with it at the end and the court will see it isn't valid. Then they need to start from scratch and issue a proper one and wait for the two months before they can go to court again. That's another two months for you. Even once they get it right it will take a while after that court date before eviction actually takes place.

All the while you can make them an offer to move out because they will be getting more and more desperate. Tell them you want a glowing reference, rent pro-rated to the leaving date of your choice (so you don't have to pay for a full month) and a cash amount of whatever you want - let's say a few thousand so that sets you up with deposit and at least the first month's rent for a new place. Remind them that this is what's stopping you moving now (as indeed it might be - if you can offer a bigger deposit/rent up front you might find a new landlord) so it is in their interests to assist you. You could ask them to reduce your current rent too if you like. If they refuse, let them stew. You aren't going anywhere until they help you to do so.

If you feel concerned that they might come in when you're not there, change the locks (irrelevant if your tenancy says you can do this or not - they'll only find out if they try to enter when you're not there, and there's nothing they can do to you about it now because they already want to evict you). Also remember if they come and try to force you out that is an illegal eviction so you can call the police to come and help you.

Remember you hold the cards. They can't bypass the proper system if you don't let them. Don't be bullied.

aneary

Doesn't the LL have to have issued a gas safety cert before a section 21 can be issued?

FBaby

Of course, nothing to stop vendor or buyer "encouraging" tenant to go, for money

So blackmailing them?

OP, during all these 10 years (or anytime since your last fixed term), you were never more secure than 2 months at your home. If that was an issue for you, you should have asked about 12 months fixed term ast. If they'd refused, you should have know that you could be asked to be evicted at any time.

Of course the Council is going to tell you to do nothing. Their interest is to have a few people to rehouse at any time, so the longer the wait, the better for them. That doesn't mean it is right to delay as long as possible.

They probably didn't serve you a S21 sooner because maybe they are not half as heartless as you think and were hoping that an investor would make a good offer. This clearly hasn't happened, it's unfortunate for you, but not something they owed you.

If there is no option for you but to rely on being rehoused by the council, then indeed, you'll have to wait for the bailiff, but that doesn't make you a victim when you knew that you could be evicted at anytime.

Out,_Vile_Jelly

I would focus your energy in finding a new place to rent, one that has an up to date gas certificate. Families with children (both owners and tenants) move all the time for various reasons; if you make out to your kids that it's a big deal rather than something quite normal then of course they'll be negatively affected.

Comms69

FBaby wrote: »

So blackmailing them?

OP, during all these 10 years (or anytime since your last fixed term), you were never more secure than 2 months at your home. If that was an issue for you, you should have asked about 12 months fixed term ast. If they'd refused, you should have know that you could be asked to be evicted at any time.

Of course the Council is going to tell you to do nothing. Their interest is to have a few people to rehouse at any time, so the longer the wait, the better for them. That doesn't mean it is right to delay as long as possible.

They probably didn't serve you a S21 sooner because maybe they are not half as heartless as you think and were hoping that an investor would make a good offer. This clearly hasn't happened, it's unfortunate for you, but not something they owed you.

If there is no option for you but to rely on being rehoused by the council, then indeed, you'll have to wait for the bailiff, but that doesn't make you a victim when you knew that you could be evicted at anytime.

I think you meant 'bribe', blackmail is very different.


I would say this is buying out the contract.

FBaby

Comms69 wrote: »

I think you meant 'bribe', blackmail is very different.


I would say this is buying out the contract.

Yeah, bribe not blackmail indeed. There is no such clause as 'buying our the contract'. It's bribe!

agrinnall

It sounds like the LLs have a portfolio of properties and are selling them all, with this particularly property part way down the list. As such, I would expect that there's little hope that they will make any significant error in the issuing of a valid S21 or the subsequent eviction process. I really would concentrate your efforts on finding alternative accommodation, if you can get something that you can move into in the next 3 months that'll save the LL some money so they may be amenable to you leaving the property without needing to stay for your full notice period.

Comms69

FBaby wrote: »

Yeah, bribe not blackmail indeed. There is no such clause as 'buying our the contract'. It's bribe!

Not a clause, but anyone can 'buyout' a contract.


e.g. - You hire a car for 2 weeks, I then want it back after a week. It's not bribery for me to buy back that time.






A bribe is when you ask someone to do something illegal, or at the very least unethical, in exchange for money. Nothing illegal about an early surrender.