Accelerated possession order

MC282

Hi

We have rented our home for 2.5 years, had numerous problems including damp and more recently structural issues. In June we asked that one of the bedrooms was repaired as it was repeatedly damp and used by our children as a bedroom. A few hours later we received a section 21 as the landlord wants to sell.

We proceeded to buy a house but yesterday the seller pulled out. We are supposed to leave our rental on 12/10. There is no chance we can do this. There is nothing to rent anywhere near here, we cannot uproot the children. 

My question is, if the landlord applies for an accelerated possession order how long do we realistically have before we are removed by bailiffs? Is it worth asking the council to issue an improvement notice and would this affect the initial Section 21?

Thank You 

robatwork

According to other posts on here the are saying the court backlog will mean you don't need to move and can live rent free till 2023. Whoopee for the system!

For future readers of this forum - never give notice on your tenancy (if you did or agreed to move out) until contracts exchanged on a house purchase

[Deleted User]

Have you approached your landlord and explained that out of your control, your onward purchase has collapsed and you need more time to find alternative accommodation? 

Presumably your seller wants you to vacate by the 12th October because he has a sale agreed? Has this sale exchanged contracts? 

MC282

To clarify, we haven’t given notice on our rental. We were issued with a section 21 and decided to buy a house, yesterday that fell through. We have never informed letting agent we were leaving or our plans to buy. 

The fact we were purchasing was somewhat irrelevant. We have been issued a section 21 and have nowhere to go. The landlord has not put the property on the market. 

ripplyuk

If you haven’t given notice, then there isn’t really a problem. With the current court backlogs it’ll be a long time before you can be evicted. Possibly as long as 18mths. 

You have plenty of time to look for another house. Once you’ve found one that suits, don’t give notice to your landlord until you have exchanged. 

Jude57

I'm no expert but wouldn't this be seen as a retaliatory eviction? Given that the S21 (is it actually valid in law, i.e. are all the landlord's duties fulfilled?) was only issued after OP requested repairs and the landlord doesn't appear to have put the property on the market, isn't there a case to argue that the landlord just wants the OP out? 

I realise it's probably academic as hopefully the OP's purchase will go ahead soon but it's still a potential defence if the landlord gets as far as court in about 18 months+ time.

MC282

Jude57 said:

I'm no expert but wouldn't this be seen as a retaliatory eviction? Given that the S21 (is it actually valid in law, i.e. are all the landlord's duties fulfilled?) was only issued after OP requested repairs and the landlord doesn't appear to have put the property on the market, isn't there a case to argue that the landlord just wants the OP out? 

I realise it's probably academic as hopefully the OP's purchase will go ahead soon but it's still a potential defence if the landlord gets as far as court in about 18 months+ time.

Thank you! Yes we have gone down this route with housing standards in hope they will issue improvement notice which we have been told will invalidate S21 🤷‍♀️

MC282

Thanks all. We had heard backlogs were huge but worried about it being fast tracked. 

Just to add we pay our rent in full on time each month, no intention of living rent free until 2023 😉

theartfullodger

Many s21s are invalid - check yours, Google nearly legal section 21

newsgroupmonkey_

MC282 said:

Thanks all. We had heard backlogs were huge but worried about it being fast tracked. 

Just to add we pay our rent in full on time each month, no intention of living rent free until 2023 😉

From what Shelter say, i'd be very surprised if the Landlord got an accelerated possession order.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/possession_process_for_rented_property/accelerated_possession_procedure_for_assured_shorthold_tenancies

Read the bit about retaliation. Sounds like as soon as you can prove that you've at least complained, it's going to need a hearing. That's going to take a very, very long time.

What I would say though, is not to take the advice of the 2nd poster. Keep paying the rent. Whilst you do that, it's very hard to evict. Plus as you have children etc. even if it did make a judge, you'd almost certainly get the full 6 weeks before eviction.

Gavin83

robatwork said:

According to other posts on here the are saying the court backlog will mean you don't need to move and can live rent free till 2023. Whoopee for the system!

For future readers of this forum - never give notice on your tenancy (if you did or agreed to move out) until contracts exchanged on a house purchase

Well no, not quite. The tenant is still liable to pay rent and the landlord is free to take them to court to recover this if it isn't paid. Of course for some tenants with little assets it might not be worth pursuing but given the OP is looking to buy a house they hardly fit into this criteria.

Jude57 said:

I'm no expert but wouldn't this be seen as a retaliatory eviction? Given that the S21 (is it actually valid in law, i.e. are all the landlord's duties fulfilled?) was only issued after OP requested repairs and the landlord doesn't appear to have put the property on the market, isn't there a case to argue that the landlord just wants the OP out? 

I realise it's probably academic as hopefully the OP's purchase will go ahead soon but it's still a potential defence if the landlord gets as far as court in about 18 months+ time.

The general census on here is that landlords are scumbags if they market a property with existing tenants and they should wait until it's vacant. Seems they can't win really....

I do agree with everyone though that the chances of the OP being evicted before they're ready to leave are essentially zero. The OP definitely has time to find another property to purchase.