Section 21, landlord totally inflexible

banginghats

Hi

I've had a section 21 that says I have to leave on 26 March. The only property I can find in this terrible market is vacant from 31 March. My landlord is totally inflexible and says I have to be out by the 26th. Surely he has to go to court to get me out after that date and I should just stay here till I can move in to the new property and pay for the extra 5 days of rent? What if the landlord uses underhand methods (or winkling as Rachmanism is now called) to get me out? Do I have any protection?

Comms69

banginghats wrote: »

Hi

I've had a section 21 that says I have to leave on 26 March. - you don't. The only property I can find in this terrible market is vacant from 31 March. My landlord is totally inflexible and says I have to be out by then.- you don't Surely he has to go to court to get me out after that date and I should just stay here till I can move in to the new property and pay for the extra 5 days of rent? - not quite. What if the landlord uses underhand methods (or winkling as Rachmanism is now called) to get me out? Do I have any protection?

Yes, several.


Any landlord stupid enough to conduct an illegal eviction faces the prospect of a criminal conviction and huge civil claim.


Landlords have literally lost their properties because of this kind of thing.


Just change the locks.


- technically if you want to leave you must give notice; at present even if you left on the 26th March, you would be liable for rent indefinitely.

banginghats

Thanks for the reply. So I have to confirm in writing that I am leaving whether it is on the date of the section 21 or after?

What do I have to pay for the extra 5 days?

Thanks

Comms69

banginghats wrote: »

Thanks for the reply. So I have to confirm in writing that I am leaving whether it is on the date of the section 21 or after?

What do I have to pay for the extra 5 days?

Thanks

Sorry no. Technically you must give your agreed notice. typically a tenancy period. (a month inline with when your tenancy started)


Most of the time a landlord would accept the 5 days extra rent, but as the law stands it's how I described

G_M

I asume you are not in a fixed term contract?
You have a periodic (monthly, rolling) tenancy?

Then you need to serve notice covering a full tenancy period (ie at least a month and up to nearly 2 months depending on the tenancy dates). See

* 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?

As for the S21, no you do not have to leave when it expires on 26th March.
And yes, the LL has to go to court.

If you fear he may try to illegally evict you on 26th
a) change the locks
b) be ready to call the local police (not 999 unless he's using violence), tell them there is an illegal eviction in progress, contrary to the

Protection from Eviction Act 1977

banginghats

Thanks for the replies. It's at the end of an AST. I've been living there for five years, doing five one year ASTs in succession. I'm assuming if I send him a letter saying I intend to stay one month past the s21 date, that he will go to court and I'll end up paying all his court expenses?

[Deleted User]

Not if he's got any sense.., but sense and the word LL don't necessarily go in the same sentence.

However, as he couldn't even apply for a possession hearing until the S21 is over, he is very unlikely to get a court date before you move out, so that will play in your favour. Just tell the court you have already moved out and the possession hearing is nonsensical.

banginghats

deannatrois wrote: »

Not if he's got any sense.., but sense and the word LL don't necessarily go in the same sentence.

However, as he couldn't even apply for a possession hearing until the S21 is over, he is very unlikely to get a court date before you move out, so that will play in your favour. Just tell the court you have already moved out and the possession hearing is nonsensical.

Thanks for that reply, very informative.