Section 21

helen236

Hello 
I have been given a section 21 on the house I have been living in for 8 years 

I just want to know my rights

Can I stay longer than the time given?

And I am I covered at all for changes I've made to the house that has cost me

I do have content insurance for the house 

I am just very stressed out and can't even get a doctor's appointment as I have lost my voice due to stress

Stubod

You need to check to see if the S21 is valid, eg gas safety checks completed etc. Also have you been given the correct notice period?, (In Wales now 6 months). If it is not then the landlord will need to get anything outstanding completed and will then need to re-issue the S21. This may give you some extra time.

Also note that you only the courts can physically "evict you" if you decide to stay put, and with the current backlog this could take a few months, but is that what you really want?

The reality is that you will now be leaving at some point, so probably best to focus your energy on finding alternative accomodation.

Have a read of this thread pinned to the top of this forum...

https://forums.moneysavingexpert.com/discussion/5180214/tenancies-in-eng-wales-guides-for-landlords-and-tenants/p1

..post 4...

GrumpyDil

And unfortunately all the changes that you made to the Landlord's house are exactly that.

In theory you should return the house to the landlord in the same state as when you started renting it but with allowance for wear and tear. 

That is why I tell my tenants whilst I am fine with the changes that they have made to the house they need to realise that when/if I evict them the changes won't be something they get recompensed for. 

_Penny_Dreadful

helen236 said:

Hello 
I have been given a section 21 on the house I have been living in for 8 years 

I just want to know my rights

Can I stay longer than the time given?

And I am I covered at all for changes I've made to the house that has cost me

I do have content insurance for the house 

I am just very stressed out and can't even get a doctor's appointment as I have lost my voice due to stress

Plenty of things can invalidate a section 21 notice. You can check using the link below. 

https://nearlylegal.co.uk/section-21-flowchart/

A section 21 notice is just notice that your landlord might apply to court for a possession order. Once the 2 months are up your landlord would then apply to court if you’ve not vacated the property which could take another 6-8 weeks depending on the backlog of cases at your local court. 

If all the paperwork is in order there is no defence against a correctly issued section 21 notice and your landlord will be granted a possession order if this goes to court. Should it go to court you can be made to pay the court costs circa £275. Once the possession order has been granted you can hang on in there until bailiffs remove you but again you can be made to bear the cost. 

Sooner or later you will most likely have to move so you may as well
start looking now. You aren’t due any money back for the money you spent on the rental property unless you have an agreement with the landlord that they would reimburse you. 

saajan_12

helen236 said:

Hello 
I have been given a section 21 on the house I have been living in for 8 years 

I just want to know my rights

Can I stay longer than the time given? - technically it doesn't give a time to be out by. It just says after <time> the LL may go to court to evict. That's when you'll actually be given a time to be out, and while you can stay yet longer, it'll start to get expensive with bailiff costs etc. Still nothing to say you shouldn't start to look and give your own notice if you find something sooner. 

And I am I covered at all for changes I've made to the house that has cost me - did you have any agreement with the LL to be reimbursed? If not, the default is no, its the LL's property and they may not have wanted to make those changes (or at least not at that time / cost).

I do have content insurance for the house - okay, that's mostly for your possessions, potentially also your liability over the LL's furniture if you damage it.. either way, not really relevant to being evicted. 

I am just very stressed out and can't even get a doctor's appointment as I have lost my voice due to stress

Comments in line.. I'd just focus on finding somewhere else and then give in your notice. You will have more time than the notice expiry, but eventually it'll start costing you. 

EssexHebridean

Was the contents insurance mentioned because it comes with legal expenses cover, perhaps? 

theartfullodger

helen236 said:

Hello 
I have been given a section 21 on the house I have been living in for 8 years 

I just want to know my rights

Can I stay longer than the time given?

And I am I covered at all for changes I've made to the house that has cost me

............

Do you have landlord's agreement to make these changes? In writing?? 

Was there an inventory & photos of (including of what you later changed) when you moved in?

If landlord didn't agree then they are within their rights to require you to pay for costs of changing things back.

Sadly due to Thatcher's Iron handbag of section 21 of the housing act 1988 landlord needs NO REASON AT ALL to evict you using s21. 

But it's very likely invalid - check it  using...
https://nearlylegal.co.uk/section-21-flowchart/

A prudent landlord might pay you to leave rather than have to go through the time & expense of courts etc.

My son & his flat mates got several thousands from landlord after it was pointed out to stupid ignorant agent that the agent had served an invalid s21. (Landlord had sale lined up rather quickly so needed them out pronto..)