Being evicted before completion

saajan_12

GDB2222 said:

The court fees depend on the precise route adopted by the LL legal team, but around £350. So-called Fixed Commencement Fees (a contribution to the LL's legal fees) will be under £100. So, a total payable by the tenant of around £400-450.

In contrast, it's likely to cost the LL well over £1000.

So, it's zany for the LL to issue eviction proceedings in these circumstances. It just costs both of you money, and it achieves nothing.

Further details here: https://becket-chambers.co.uk/2021/04/30/a-guide-to-costs-in-possession-proceedings/
..

Cost LL for what? 

It makes complete sense for the LL to apply to court if they actually want the tenant to leave - they don't know that the tenant's purchase will pan out, and could end up waiting to start the process later. They don't have to use a solicitor and costs can be kept under the fixed costs fully recoverable from the tenant if they're smart about it. 

Apollo1988

Thanks for all the advice so far.

We notified the letting agent on Friday of our situation and plans. They said they’d speak to the landlord and that we’d be risking a CCJ if we stayed (as far as I’m aware this cannot happen with S21 notices?).

Today they got back to us saying:
“I’ve spoken to the landlord regarding your situation and they were very understanding towards it and they took some time to think about it and unfortunately they would not be able to accommodate you staying for an extra few weeks as they really need access to the flat on the 29thMay due to their personal circumstances changes and allowing you to stay would have an impact on them sadly.” And they “strongly advise that you find alternative accommodation after the 29th May 2022.”

We sent the signed contracts and deeds off this morning. So I’m hoping we can get a exchange and completion date this week or early next.

canaldumidi

Ignore the agent's response from the LL.

Either the agent is ignorant of the law and mis-advising their client (the LL), or they know the law and are hoping you don't!

But you do. You can stay beyond the 29th (as previously explained) and you'll create a periodic tenancy.

Perfectly legal, and the LL will have 2 options: do nothing and wait for you to leave, or apply to court and wait for a court date.

Meanwhile, I would not respond. You've been reasonable, and had an unreasonable (and misleading) response. So now ignore the agent and simply don't leave.

But DO serve proper notice when you Exchange Contracts. See the earlier links re notice.

Of course, given that the LL is so keen to get access, when you Exchange (and not before) you could offer to leave earlier than the notice period, but get the LL/agent's agreement in writing.

m4x1ne

"We notified the letting agent on Friday of our situation and plans. They said they’d speak to the landlord and that we’d be risking a CCJ if we stayed (as far as I’m aware this cannot happen with S21 notices?)."

Lies. You're correct. The trouble would be if you'd terminated your tenancy by giving notice, which you haven't.

I'd respond politely but firmly, explaining that you'll hopefully be exchanging soon and you'll be in touch when/if you decide to give notice but you will not be vacating on the 29th.

GDB2222

saajan_12 said:

GDB2222 said:

The court fees depend on the precise route adopted by the LL legal team, but around £350. So-called Fixed Commencement Fees (a contribution to the LL's legal fees) will be under £100. So, a total payable by the tenant of around £400-450.

In contrast, it's likely to cost the LL well over £1000.

So, it's zany for the LL to issue eviction proceedings in these circumstances. It just costs both of you money, and it achieves nothing.

Further details here: https://becket-chambers.co.uk/2021/04/30/a-guide-to-costs-in-possession-proceedings/
..

Cost LL for what? 

It makes complete sense for the LL to apply to court if they actually want the tenant to leave - they don't know that the tenant's purchase will pan out, and could end up waiting to start the process later. They don't have to use a solicitor and costs can be kept under the fixed costs fully recoverable from the tenant if they're smart about it. 

Unless the LL represents himself, it’s going to cost at least £1k.

canaldumidi

m4x1ne said:

"We notified the letting agent on Friday of our situation and plans. They said they’d speak to the landlord and that we’d be risking a CCJ if we stayed (as far as I’m aware this cannot happen with S21 notices?)."

Lies. You're correct. The trouble would be if you'd terminated your tenancy by giving notice, which you haven't.

I'd respond politely but firmly, explaining that you'll hopefully be exchanging soon and you'll be in touch when/if you decide to give notice but you will not be vacating on the 29th.

Legally correct, but I'd not follow this advice. All you'll do now is start a back-and-forth debate which will become antagonistic and stressful.

Don't respond. The law is on your side.

MaryNB

Apollo1988 said:

Thanks for all the advice so far.

We notified the letting agent on Friday of our situation and plans. They said they’d speak to the landlord and that we’d be risking a CCJ if we stayed (as far as I’m aware this cannot happen with S21 notices?).

Today they got back to us saying:
“I’ve spoken to the landlord regarding your situation and they were very understanding towards it and they took some time to think about it and unfortunately they would not be able to accommodate you staying for an extra few weeks as they really need access to the flat on the 29thMay due to their personal circumstances changes and allowing you to stay would have an impact on them sadly.” And they “strongly advise that you find alternative accommodation after the 29th May 2022.”

We sent the signed contracts and deeds off this morning. So I’m hoping we can get a exchange and completion date this week or early next.

You'd only risk a CCJ if you stop paying rent. Or if it goes all the way to court and you end up having to pay the landlord's court fees you'll risk a CCJ if you refuse to pay. CCJs have nothing to do with S21 notices. 

Absolutely nothing wrong with staying beyond an S21 notice. Landlord can't do anything without a court order and you are perfectly within your right to stay until court appointed bailiffs turn up at your door. Councils tell people all the time when they're looking for social housing if they're being evicted from a private rental - stay until the bailiffs turn up. 

canaldumidi

Just to be clear, there's a difference between a County Court Judgement against you, and a County Court Judgement which appears on your credit record.

A CCJ which you pay off does not appear on your credit record.

And nor does a S21 Notice.

And nor do rent arrears.

Your credit record will only show a CCJ if

1) you run up rent arrears AND

2) the LL takes you to court  AND

3) the judge finds in favour of the landlord and orders you to pay AND

4) you still refuse to pay.

If you pay at step 4, yes, there will have been a CCJ awarded against you (step 3) but NO, no one will know about it as it won't show on your credit record.