Landord Evicting me

macman

You need to start looking. Although the timescale for possession is likely to be extended, you will eventually have to leave. Pointless to remain there just to spite the LL. 

[Deleted User]

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Whilst the landlord wants you out, I am sure he is not inconvenienced by any of the procedures or timescales -part amd parcel of being a landlord. He will still be due the rent until your out, at least you are now paying it on time, and some costs if you stay put to the end. The fact that you would try to decieve a new landlord regarding references, only goes to show that you the sort of tenant to be avoided.

sienew

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Except they haven't made life difficult for you. They rented you a property they owned that has a relatively minor issue (fridge freezer) and an issue that clearly isn't their fault or responsibility (bins). It could be argued that you had made life more difficult for them by paying late. You chose not to sign a new contract which would have provided you with more security. They are perfectly within their rights not to answer you querying the notice of possession, they own the property and are entitled (subject to contractual agreements) to ask you to leave for any reason, it could be something you'd done like paying your rent late or just for personal reasons.

This is an estate agent who will know what they are doing so it's likely if you refuse to leave they'll have you out far quicker than many here are suggesting. Probably 3 months, leaving you with court fees, a bad reference and having to leave the place anyway.

turnitround

I suspect that finding a new landlord to take you on will be difficult enough as it is with you not having current paying employment so it would be wise to stay on this landlords right side and hope for a very good reference.

ellenvan

Most private lets and ones by agents require current references. Most will not take anyone without or at short notice.

Far better to start looking now and avoid further costs , court cases, stress etc.
If you do not have current employment  lots of lets will exclude you.

derobe

sienew said:

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Except they haven't made life difficult for you. They rented you a property they owned that has a relatively minor issue (fridge freezer) and an issue that clearly isn't their fault or responsibility (bins). It could be argued that you had made life more difficult for them by paying late. You chose not to sign a new contract which would have provided you with more security. They are perfectly within their rights not to answer you querying the notice of possession, they own the property and are entitled (subject to contractual agreements) to ask you to leave for any reason, it could be something you'd done like paying your rent late or just for personal reasons.

This is an estate agent who will know what they are doing so it's likely if you refuse to leave they'll have you out far quicker than many here are suggesting. Probably 3 months, leaving you with court fees, a bad reference and having to leave the place anyway.

Hmm, so if your fridge freezer broke and you were without for reasons out of your control for 2 months that would be a relatively minor issue would it? 

Clearly, most commenting are landlords and dislike the idea of a tenant standing up for themselves. Understandable but trying to make out they haven't made things difficult is absurd.

sienew

derobe said:

sienew said:

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Except they haven't made life difficult for you. They rented you a property they owned that has a relatively minor issue (fridge freezer) and an issue that clearly isn't their fault or responsibility (bins). It could be argued that you had made life more difficult for them by paying late. You chose not to sign a new contract which would have provided you with more security. They are perfectly within their rights not to answer you querying the notice of possession, they own the property and are entitled (subject to contractual agreements) to ask you to leave for any reason, it could be something you'd done like paying your rent late or just for personal reasons.

This is an estate agent who will know what they are doing so it's likely if you refuse to leave they'll have you out far quicker than many here are suggesting. Probably 3 months, leaving you with court fees, a bad reference and having to leave the place anyway.

Hmm, so if your fridge freezer broke and you were without for reasons out of your control for 2 months that would be a relatively minor issue would it? 

Clearly, most commenting are landlords and dislike the idea of a tenant standing up for themselves. Understandable but trying to make out they haven't made things difficult is absurd.

I'm not a landlord. And I'd consider the fridge freezer being broke to be an issue but I'd also say that not paying on time is an issue. I don't think it's a one sided thing. Landlords are often not the best, tenants are also often not the best. It's also interesting to note that you are saying the landlord is difficult but at the same time you really want to stay.

I also don't see this being you standing up for yourself. If the post had been about your landlord not fixing/replacing your fridge freezer I would have been here giving advice and support but it isn't. You are in a house owned by someone else, you have no fixed contact, they are well within their legal rights to ask you to leave after giving you notice and you are trying to "be difficult" (your own words) and refuse to leave after the notice period.

derobe

sienew said:

derobe said:

sienew said:

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Except they haven't made life difficult for you. They rented you a property they owned that has a relatively minor issue (fridge freezer) and an issue that clearly isn't their fault or responsibility (bins). It could be argued that you had made life more difficult for them by paying late. You chose not to sign a new contract which would have provided you with more security. They are perfectly within their rights not to answer you querying the notice of possession, they own the property and are entitled (subject to contractual agreements) to ask you to leave for any reason, it could be something you'd done like paying your rent late or just for personal reasons.

This is an estate agent who will know what they are doing so it's likely if you refuse to leave they'll have you out far quicker than many here are suggesting. Probably 3 months, leaving you with court fees, a bad reference and having to leave the place anyway.

Hmm, so if your fridge freezer broke and you were without for reasons out of your control for 2 months that would be a relatively minor issue would it? 

Clearly, most commenting are landlords and dislike the idea of a tenant standing up for themselves. Understandable but trying to make out they haven't made things difficult is absurd.

I'm not a landlord. And I'd consider the fridge freezer being broke to be an issue but I'd also say that not paying on time is an issue. I don't think it's a one sided thing. Landlords are often not the best, tenants are also often not the best. It's also interesting to note that you are saying the landlord is difficult but at the same time you really want to stay.

I also don't see this being you standing up for yourself. If the post had been about your landlord not fixing/replacing your fridge freezer I would have been here giving advice and support but it isn't. You are in a house owned by someone else, you have no fixed contact, they are well within their legal rights to ask you to leave after giving you notice and you are trying to "be difficult" (your own words) and refuse to leave after the notice period.

It's not a one sided thing, I'm aware I haven't covered myself in glory and I should have still paid the rent on time in hindsight.

Had I paid the rent however, I might well have been starting a thread about the fridge freezer issue as I'm doubtful I'd be here today with the new one.

Yes they are and I'm well within my rights to stay after the notice expires aren't I? What I'm looking for is information on how I can stay for as long as possible to buy myself some time and avoid costs/bad credit etc and I appreciate that some have provided useful points on this - however still seems to be some confusion so if anyone can add/clarify that would be useful. I've of course looked online but hearing personal experiences also helps.

I have attempted to make amends but it's fallen on deaf ears anyway - if the general consensus is backing down and trying to move is the right thing that's fine, if I leave before the notice period I guess that increases my chances of a good reference but again looks like that ship may have sailed so I'm thinking I'll stay and see if they want to go to court.

SusieT

derobe said:

Yes they are and I'm well within my rights to stay after the notice expires aren't I? What I'm looking for is information on how I can stay for as long as possible to buy myself some time and avoid costs/bad credit etc and I appreciate that some have provided useful points on this - however still seems to be some confusion so if anyone can add/clarify that would be useful. I've of course looked online but hearing personal experiences also helps.

I have attempted to make amends but it's fallen on deaf ears anyway - if the general consensus is backing down and trying to move is the right thing that's fine, if I leave before the notice period I guess that increases my chances of a good reference but again looks like that ship may have sailed so I'm thinking I'll stay and see if they want to go to court.

With regards to the avoiding costs, if you do not move out and the landlord takes you to court, the fee for that is £275 and he will most likely claim that from you, further fees (look on the government website0 would be charged if yo did not move out by the court date and he had to go back for an eviction order. 
Nobody here can tell you what to do, but I would rather start looking at other places, communicate with the landlord (even if you get no reply), saying that you are looking for alternative accomodation but cannot guarantee to have found somewhere and moved by the date given. Therefore should you need to stay past that date you would appreciate some leeway.   

macman

sienew said:

derobe said:

I was slow to pay for both reasons...

1. Because I thought a periodic tenancy meant that there was no longer a fixed payment date
2. The slow repairs  - This has been during the current heatwave and being without a fridge freezer was extremely inconvenient and then to be ignored when chasing by the landlord/agent (his staff who I can only assume were ignoring me as per his instruction) on top of that pushed me to withhold the rent as I couldn't be without the appliance anymore.

In fairness, if I was aware that point 1 was incorrect then I would have stuck to the standing order but the damage is done and I can't take it back now. If I didn't take this position I may still not have a fridge freezer so can't say I regret doing it.

Again, now the landlord/agent has received the rent they have ignored every single one of my messages querying the notice of possession.

So my stance right now is to stay in the flat and make life difficult for them like they have for me... unless I find somewhere suitable. In terms of getting a reference, can't see why I don't just use my landlord from previous tenancy in 2020/21. Or look at finding somewhere on openrent with a private landlord. Would prefer not to deal with an agent anyway.

Except they haven't made life difficult for you. They rented you a property they owned that has a relatively minor issue (fridge freezer) and an issue that clearly isn't their fault or responsibility (bins). It could be argued that you had made life more difficult for them by paying late. You chose not to sign a new contract which would have provided you with more security. They are perfectly within their rights not to answer you querying the notice of possession, they own the property and are entitled (subject to contractual agreements) to ask you to leave for any reason, it could be something you'd done like paying your rent late or just for personal reasons.

This is an estate agent who will know what they are doing so it's likely if you refuse to leave they'll have you out far quicker than many here are suggesting. Probably 3 months, leaving you with court fees, a bad reference and having to leave the place anyway.

Clearly they don't know what they're doing, because they have failed to regularise the tenancy. They cannot possibly evict the tenant in 3 months. The notice period expires in October, and, based on other accounts here, the absolute minimum wait for a hearing is 3 months, so January '23. The S21 will be thrown out for reasons already given, so the LL will need to re-serve and wait again, another 5 months. June '23. If they are then successful and get a possession order, it's another 4 weeks before bailiffs. So, if the OP wants to stay put, they will not be leaving before July '23 at the very earliest.
I'd advise them to seek alternative accom before then, or try to negotiate with the LL, but it's up to them