Section 21 following rent tribunal

Job13

Hi. My mum has been renting her house for 33 years. Her landlord wanted to increase her rent 150% last November. He wouldn’t negotiate so she appealed with rent tribunal and they determined a much lower rent, in line with market values. She’s been paying the new figure since January and had no communication from landlord until good Friday when he served her with a section 21 giving her the minimum notice. We feel that trying to raise rent to a level she couldn’t afford that wasn’t market rent was first move in constructive eviction. Now because she came off better by appealing, this is like revenge eviction. Does anyone know how long possession orders take? There’s no way she’ll be able to find new home in 2 months. Thanks 

GDB2222

It will probably take around another 6 months after the S21 notice expires. The local authority may have a duty to rehouse her.

silvercar

Even if served correctly, S21 is only the first part in the eviction process. How long possession orders take depends how busy the courts are. If you wait until the final moments when bailiffs are appointed she could have months, though she could be liable for court costs.

the bottom line is that she will have to move at some point, even if she does have a few months to find somewhere.

GDB2222

Can I ask when mum signed her most recent tenancy agreement?

Jonboy_1984

what type of tenancy is it, assured or regulated, and when was it signed? 

Job13

GDB2222 said:

Can I ask when mum signed her most recent tenancy agreement?

1st April 1991

Job13

Jonboy_1984 said:

what type of tenancy is it, assured or regulated, and when was it signed? 

It’s a short hold assured tenancy signed April 1991

propertyrental

It may well be 'revenge eviction', but there's nothing illegal about that (unless there are unaddressed repairing issues she's complained about - Deregulation Act).

But the 2 months period mentioned in the S21 Notice does not end the tenancy so she does not need to leave then. It simply is the breathing space before the landlord can commence the actual eviction process  - ie apply to a court, which can take further weeks or months.

anselld

There in no such thing as "constructive eviction" (in law).   Revenge eviction is specifically if there have been unresolved repairing issues AND the council have served an enforcement notice, so that doesn't apply either.
However, check the full validity of the s21 notice here as there are plenty of other pitfalls ..
https://markprichard.co.uk/content/documents/170522-Section-21-checker-tool.pdf
Unfortunately the bottom line is that there are delaying tactics but eventually the tenancy will be terminated.
  

theartfullodger

Does she have original tenancy?  If so and it's an "assured tenancy" then there is no s21.  Even if a later AST was signed, that later tenancy probably invalid, really still assured tenancy.

macman

The tenancy only ends when mum or a court end it. A landlord cannot end it. The timing will depend on the court to which they apply and the waiting list for a hearing, but I doubt they could get a possession order much before October at the earliest. And probably then another month before bailiff action.