Section 21 issue

Millymilly2018

Hey all

Myself and my 8 year old son are currently 5 months into a 6 month AST. This tenancy was sold to us as a 'long term' one as the LL is in the Army and was to be away for several years.

I received a Section 21 letter in the post yesterday advising he wants us gone by 18.4. The letter is clearly written by the LA and has their 'header' at the top. The notice is not provided on a Form 6A.

I rang the LL who advised he 'might' be 'coming home' in the next few months so he wants the property back.

So, I have decided to leave renting behind and have already acquired a mortgage in principal and am starting to view properties tonight with a view to buying. This decision has been on the cards a while but this issue has sped things up.

So, its unlikely any house buy will go through in under 2 months meaning I'd still be here, and need to be here, when 18.4 rolls round. I can't rent for any shorter term then 6 months in my area so renting elsewhere is also not an option.

Can the LL force me out on that date? Can he physically move in if I'm still here?

Where do I stand?

Comms69

that notice is invalid. It is not two months.


A s.21 notice doesn't end a tenancy.


Basically:


No.
No.
You have a valid tenancy until a court orders possession and bailiffs recover the property.

inzellhsw

In terms of house buying time frame, it really depends on individual circumstances. We bought our current house in 45 days. Previously bought a reprocessed property in 30 days. Just keep on top of your solicitors to get things done.

In terms of S21, you don't need to worry for now. It took me around 6 months to remove my previous tenant going through the S21 route - S21 served (2 months), submit "Accelerated possession order" (14 days), then court order (2 weeks, and it can give you max. 6 weeks from date of order), then apply for Bailiffs (another few weeks depending on your local authority)

inzellhsw

But if you got a court order against you, I believe that will tarnish your credit rating, which may affect your mortgage application

Millymilly2018

Sorry i made a mistake. The letter is dated Feb 12th and he wants me gone by April 15th.

theartfullodger

inzellhsw wrote: »

But if you got a court order against you, I believe that will tarnish your credit rating, which may affect your mortgage application

a) Think they'll have their new home & mortgage before any court case concludes...
b) Only if there were costs/debts ruled on by Judge that defendant does not promptly pay.

As the tenancy started after Oct 2015 & it's not a "Form 6a" it's invalid.

Millymilly: Simply ignore it for the moment, don't waste your time on agent or landlord about this invalid notice, particularly don;t point out it;s invalid, that will just get them to serve a valid one sooner...

Comms69

inzellhsw wrote: »

But if you got a court order against you, I believe that will tarnish your credit rating, which may affect your mortgage application

No it wouldn't at all.

Comms69

Millymilly2018 wrote: »

Sorry i made a mistake. The letter is dated Feb 12th and he wants me gone by April 15th.

Irrelevant, you received it on 21st feb. Invalid.

G_M

It must be 2 calender months from the date of service to tthe date of expiry.

See also:


* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

Millymilly2018

I'm still unclear. Is the 21 valid or not please?

Pixie5740

Millymilly2018 wrote: »

I'm still unclear. Is the 21 valid or not please?

If you read the information in the link G_M provided there is a section about the validity of Section 21 notices.

Although to be honest if you've only just started looking at properties you might be as well finding a new property to rent for 6 months.