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How much time, on average, for the landlord to evict me?

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  • stranglekelp
    stranglekelp Forumite Posts: 12
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    SusieT said:
    As above, what other things have not been done? If the landlord issues the S21 before getting the gas cert, and only discovers that it is needed when you go to court and say dear judge the S21 is not valid as there is no gas cert, then it will give you a decent amount of time to find somewhere to buy. 
    The problem is that I can't remember what I all received at the start of my tenancy and I won't be able to prove either way whether I had all the documentation or not. Also, in late 2020 I extended my contract, or rather, I signed a new contract with all the same terms. However, on that occasion I didn't receive anything, other than just signing the contract. Was the landlord supposed to provide all the documentation then as well? Because for that one I know for a fact I didn't get anything but the new, renewed contract.

    sourpuss2021 said:
    GDB2222 said:
    It does seem to me that the OP is headed for a highly stressful period ahead. 

    And so is the landlord, by the sound of it!!
    To be fair, I am not finding it stressful at all, I know what my lawful ground is and I am happy to stand it.
  • stranglekelp
    stranglekelp Forumite Posts: 12
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    macman said:
    Why have you not raised the issue of a missing GSC, 4+ years running? It's your safety that is endangered, and that of your neighbours.
    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?
    Because I was not aware of it, to be perfectly honest. It's not my responsibility, am I already paying off his house, I shouldn't be doing all his paperwork as well!

    I'm not going to mention it because I'll just make him aware of it and then he'll have one less weakness in this situation. It appears like he has sent the S21 notice by post to arrive on Monday, and there is no sign of anything else that he is doing, so it appears he has already decided to send an invalid notice anyway, so I'll just let it play along.

    MobileSaver said:
    I am stubborn and will fight my ground, even if not financially the best choice. ... 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.
    Just to be absolutely clear, you do realise that you will likely be the one that ends up paying for many of the extra costs involved?
    For someone taking umbrage at increased rental amounts this does seem to be very much cutting off your nose to spite your face!

    Again, from what the costs might be, I'm happy to pay them as they are still likely to be less than his increased rent.

    Apologies to all for making multiple posts, but if I try to make one post answering everyone, then the site tells me my post is suspicious and I cannot post, so I have to do two by two!
  • macman
    macman Forumite Posts: 52,866
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    No one is asking you to do 'his paperwork', but it's your responsibility as the tenant to check that the LL is complying with his legal obligations, especially when it's your safety at stake.
    Why do you have to remember what you were provided with at the start of the tenancy? Do you not have the documentation filed with your TA etc?

    No free lunch, and no free laptop ;)
  • macman
    macman Forumite Posts: 52,866
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    Gycraig said:
    macman said:
    No one is asking you to do 'his paperwork', but it's your responsibility as the tenant to check that the LL is complying with his legal obligations, especially when it's your safety at stake.
    Why do you have to remember what you were provided with at the start of the tenancy? Do you not have the documentation filed with your TA etc?

    Absolute rubbish, 90% of tenants don’t know half the legal obligations a landlord has to comply with. 

    I have no idea if any of my landlords ever did a gsc as tbh it never came up. 
    If you were never presented with a GSC each year then clearly your LL never did one. But you apparently never bothered to ask.
    No free lunch, and no free laptop ;)
  • stranglekelp
    stranglekelp Forumite Posts: 12
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    edited 22 February at 10:08PM
    So!

    As expected, a S21 notice came through on the 15th, hand delivered by the landlord. It's such a Landlords Association S21 notice template form or whatever. It's got all the relevant bits on it, names, addresses, dates, etc. So in that aspect, I assume the notice is alright.

    However, as mentioned before, this property hasn't had a gas safety checks for at least two years, meaning there is no currently no valid gas safety check in place for this property. So as far as that is concerned, that is a bulletproof defence to say the S21 notice given is not actually valid?

    So, if I'm assuming correctly, I can now just let the landlord take it to court after the notice expires, dispute it, and his notice will fail, meaning he then has to get the gas safety check done before serving a new notice? Of course, he may be fully aware that his notice is faulty and is just bluffing and is hoping I will leave.

    But as it stands, there is no way based on the above he can proceed until the gas safety check is done, yes? And, after the gas safety check is done, he needs to serve a brand new S21 notice and wait another 2 months before he can do anything?

    Just trying to plan ahead, because at it stands I am now at least 6 months away from being evicted, which is a lot of breathing space.
  • RAS
    RAS Forumite Posts: 31,934
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    Have you checked the whole list of requirements for a valid S21? There could be a bundle in addition to the GSC. Just let the LL work it out slowly.
    The person who has not made a mistake, has made nothing
  • macman
    macman Forumite Posts: 52,866
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    Marvel1 said:
    macman said:
    Why have you not raised the issue of a missing GSC, 4+ years running? It's your safety that is endangered, and that of your neighbours.
    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?
    I know it's a bit trival, but how many homeowners have one?
    It's not a legal requirement for a homeowner, but most sensible ones have an annual boiler service, which will include safety checks.
    It is a legal requirement for a rental property, and failure to supply is a criminal offence. Not trivial at all.
    No free lunch, and no free laptop ;)
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