Section 21 eviction notice

Houndog6105

gletley said:

In all honesty, you really don't want to go to court, you need to find somewhere quickly, even if it means moving again at a much later date. My friend took the advise on digging in her heals, she was married with two children. She faced court costs, was evicted and then couldn't find anywhere else to live because of her actions, no landlord want's to take on a tenant who has been proven difficult to remove. She ended up borrowing off her parents and buying an old caravan and living in it and moving from site to site every 21 days. Eventually the council found her a house due to her son suffering from the damp, but not anywhere near the school. Spend every waking moment searching for somewhere, in the papers, boards in shops, letting agents, even on facebook, please don't put yourself in the legal system, it will probably come back to bite you and could effect more than just renting, just like it did to my friend.

Thanks 

You make a very good point

Thankfully your freind got somewhere in the end 

We have been looking straight away but unfortunately the rental prices have sky rocketed. We'll keep looking anyway 😔

RAS

Assuming your LL is using a EA ask them if they can help you find something.

And in practice, your LL may well be happy to provide a good reference if that helps them get earlier access to the house.

anselld

Houndog6105 said:

gletley said:

In all honesty, you really don't want to go to court, you need to find somewhere quickly, even if it means moving again at a much later date. My friend took the advise on digging in her heals, she was married with two children. She faced court costs, was evicted and then couldn't find anywhere else to live because of her actions, no landlord want's to take on a tenant who has been proven difficult to remove. She ended up borrowing off her parents and buying an old caravan and living in it and moving from site to site every 21 days. Eventually the council found her a house due to her son suffering from the damp, but not anywhere near the school. Spend every waking moment searching for somewhere, in the papers, boards in shops, letting agents, even on facebook, please don't put yourself in the legal system, it will probably come back to bite you and could effect more than just renting, just like it did to my friend.

Thanks 

You make a very good point

Thankfully your freind got somewhere in the end 

We have been looking straight away but unfortunately the rental prices have sky rocketed. We'll keep looking anyway 😔

If your current rent is below market value you are not going to find the same no matter how long you keep looking.  Two months is adequate time to find somewhere but you do need to be prepared to pay the going rate to secure something in the market.

Houndog6105

It is a section 21 form 6a 

Going off everything I've read it looks like they done everything by the book after going through the statutory validity check provided on here

caprikid1

I think unfortunately there are many who are very quick to point out the letter of the law on a Section 21 but not quick to remind people of the unintended consequences of making yourself an undesirable tenant. There is a real shortage of good quality rental property out there at the moment and you need to consider the correct outcomes.

For me only ever consider going beyond the end date of a S21 if you are in the process of buying a property or likely to be eligible for council / housing association property.

Sadly there are many on here who desire to make militant tenants and fight the evil landlords with no consideration to the individuals well being and long term effect on their ability to achieve private rentals following an eviction. 

Obviously if you have no option then stay but only as a last resort.

_Penny_Dreadful

Houndog6105 said:

It is a section 21 form 6a 

Going off everything I've read it looks like they done everything by the book after going through the statutory validity check provided on here

Then your landlord will successfully get a possession order from the court and you will foot the bill for the court costs. 

Hopefully your landlord is flexible so that if you find somewhere sooner he doesn’t leave you paying two lots of rent right up to the date in the section 21. 

theartfullodger

caprikid1 said:

I think unfortunately there are many who are very quick to point out the letter of the law on a Section 21 but not quick to remind people of the unintended consequences of making yourself an undesirable tenant. ....

What about undesirable landlords please?

Such a shame tenants don't usually require decent references about landlords from earlier tenants 

Just a reasonable and legal as landlords requiring references from earlier landlords...

pinkshoes

Houndog6105 said:

Thank you for the comments 
Would any of this effect my credit report? So going to court and so on

Also by me not leaving in march and making my landlord take it to court would this then negatively effect me on getting a good reference from them even if i continue to pay my rent up until the day the court possibly instructs me to leave 

It won't affect your credit rating as you'll still be paying rent, but it could have a knock on effect of finding it harder to get another "nice" property. 

If you can't find anywhere, then you stay put and the LL can take it to court, then appoint a bailiff. The council will then be obliged to house you, but this could be a Bed and Breakfast miles away, so not usually a good option. You'd also have to pay court fees. 

I'd recommend just being honest with the LL if you're struggling to find somewhere else. Let them know you're doing your best to move out and find somewhere else, perhaps suggest a good reference might help speed things along etc... or even ask them or the EA if they know of anywhere. LLs usually have other LL friends in the area...

Houndog6105

Ok just to update 

I got in touch with my local council explaining i received a section 21 and after reviewing all of the documents they said it looks like they didn't include the Deposit Protection Scheme certificate confirming your ref no, the date the deposit was protected and it has to be signed by the landlord or agent.

So the notice would not be valid

I have only been communicating by email with the council so my question is what happans now if the notice is even valid?

This was the email from the council 

Thanks for sending them all so promptly.

 

As far as I can see all of the documents have been correctly served on you, except,  I have been unable to see the Deposit Protection Scheme certificate confirming your ref no, the date the deposit was protected and it has to be signed by the landlord or agent. Can you check if you have this, if not, the Notice may not have been validly served on you. You may want to see if the agents have a copy and can verify to your satisfaction that they gave you a copy before they sent you the notice.

 

anselld

The Council are not saying it looks invalid.  They are asking you to check if you have received the necessary documents.  So have you checked if your deposit is protected and when, and did you receive the prescribed information?

It seems unlikely that everything would be correct *except* the deposit, but it is by no means impossible.  You need to check.