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How much time, on average, for the landlord to evict me?
I have been renting at this place since 2018. The landlord's been absolutely fine until recently (only ever saw him twice for an inspection), then he became horrendous. Our fixed term contract expired Sept, 22 and it is now just rolling, which he was fine with.
Then, I believe his new mortgage payments have started, he went ballistic, demanding a new contract with a nearly 30% increase. I have plainly refused it and invited him to send me a rent increase form and I'll then challenge it and settle to whatever the result is. However, he has refused to do so and keeps asking for a new contract to be signed, which I've again refused. I would have eventually settled, as part of civilised negotiations, to up to a 10% increase, which would bring it in line to current market value (as much as I can see). However, due to his behaviour I am now plainly refusing and will not be staying longer than necessary even if he just gives up and leaves me alone.
Therefore, I am assuming at some point I will be served a S21 notice. No major bother, because luckily I am able to fall-back to a friend who has kindly offered to assist us with an interim property, should it come to that. We are also in the middle of looking for houses to buy, so would like to avoid having to move twice/thrice, but I am stubborn and will fight my ground, even if not financially the best choice.
There's been no gas safety check since I moved in, so before any S21 notices he'll have to do that first, presumably. Let's assume that gets done quickly and then I receive my S21 notice on 01/03, and for the sake of the argument, let's say it's immediately a completely valid notice. From my understanding, 2 months will end on 01/05. As I am not moving, he goes for a possession order. I don't leave when the possession order, so he applies for bailiffs. I then leave the day before the bailiffs attend to avoid any hassle.
What timescale am I looking here, with all the backlogs and everything? 6-9 months? More, less? I'm hoping that if I'm it's long enough it gives me time to complete my house purchase.
Any feedback is appreciated, many thanks.
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As you have discussed, with no gas certificate, it will take a lot longer, particularly if the LL doesn't get one before the process starts. Is your deposit protected? Check. This is another reason a S21 can fail. If not protected, the deposit will have to be returned to you before the eviction process starts.
If things aren't done properly and the LL is unable to get a possession order for the above two reasons, they will be paying the court fees until they get it right.
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This is a serious criminal offence, so I suggest you use it to your advantage in your negotiations? A cash payment for early surrender is the obvious tactic to use,
Sitting it out until the bailiffs are due will simply result in you being liable for the extra cots involved. Due to your LL's incompetence, you hold all the cards in this situation, so why refuse to negotiate?
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However, that certificate would expire sometime in late 2019 or early 2020, and there were no gas inspections since. So I am presuming that there is no valid gas safety certificate in existence anymore, so the S21 cannot be valid until he gets a new one, even if I were to receive a S21 tomorrow?
I refused, hence being told between the lines that a S21 notice is incoming.
I get that, but paying that amount of money once he eventually gets it right in a few months is still cheaper than his increased rent for 3 months...