Section 21 what happens now

theartfullodger

Many many s21s are invalid - see..
https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/notices_in_possession_proceedings/what_makes_a_section_21_notice_invalid

Even if valid an s21 does not end a tenancy nor compel a tenant to leave. Yes, even of new owner is outside with a huge removals van & three screaming kids & a hubbie going bonkers.. 

All it does, even if valid, is tell tenant landlord (not agent, landlord..) MAY start court proceedings to evict when notice expires.  Thatcher's 1988 Housing Act (Sections 5 & 21..) says so...see...
https://www.legislation.gov.uk/ukpga/1988/50/section/5

""" 5 Security of tenure.

(1) An assured tenancy cannot be brought to an end by the landlord except by—

(a) obtaining—

(i)  an order of the court for possession of the dwelling-house under section 7 or 21, and

(ii)   the execution of the order, (which means bailiffs..)""""

Overall timescale probably about 6 months.

Artful: Landlord since 2000

Good luck & best wishes to all.

Burty57

I got in touch with my council as soon as I received my 21. They checked the 21. And I was then moved up to band I was on band 2 before . Do I need to inform the council the house has been sold . I got the 21 on 9th Jan . Sorry if I sound silly I have brain injury so it takes me a while to process all the info . But if I read all your advice right I could be here for a few more months if so that's ok as it will give me more time to keep calm and bid on homes with my council . Thank you all for your time I appreciate it 

Burty57

Oh I'm on a assured short hold tenancy but last time I signed a contract was in sep  2012. It says that would end march 2013. Never signed another contract since . So confused and worried .

RHemmings

Burty57 said:

Oh I'm on a assured short hold tenancy but last time I signed a contract was in sep  2012. It says that would end march 2013. Never signed another contract since . So confused and worried .

You would have automatically transferred onto a periodic (rolling) tenancy with mostly the same terms as the previous contract, but without an ending date, and with both parties required to give notice to end or vary the terms of the contract (such as changing the rent). Nothing to worry about on that issue. 

The S21 is the normal way for the landlord to give notice that they wish to end the periodic tenancy. 

Burty57

Thank you . I prob worrying for nothing but never been in this situation before plus with my health issues I feel low . I have been in this house since 2009. So bit sad as I bought my son up here . Shall I inform my council that the house has been sold .

RHemmings

Burty57 said:

Thank you . I prob worrying for nothing but never been in this situation before plus with my health issues I feel low . I have been in this house since 2009. So bit sad as I bought my son up here . Shall I inform my council that the house has been sold .

If there's an S21, this needs to be taken seriously. So, the worry isn't just for 'nothing'. But, the tenancy becoming periodic is not something to worry about in itself. 

I believe that someone else will give you better advice than I can on whether you should inform the council that the house has been sold, as I don't have experience of that. 

Zoe02

If you need council help then they tell you to wait until bailiffs come which was what my ex tenant got told. 

You might get court fees though. 

pinkshoes

Burty57 said:

Thank you . I prob worrying for nothing but never been in this situation before plus with my health issues I feel low . I have been in this house since 2009. So bit sad as I bought my son up here . Shall I inform my council that the house has been sold .

It wouldn't hurt to keep the council informed of proceedings.

I'd also suggest speaking to the agent/family who is responsible for the sale. Let them know that you are awaiting a council property and currently band 1, so you hope that a suitable property can be found before 9th March, but if not, you will have no choice to remain in the property and they will need to start the court process for eviction. Sometimes it's better to be open and honest about these things so that way they don't get any surprises and can start the court process if required.

The S21 is only a request to move out. Legally they cannot force you to move out without a court order. And most councils, due to a shortage of housing, will often only prioritise those who are at the end of the legal process.

Given your brain injury and needs, by keeping in regular contact with the council, hopefully they'll find you something soon!

theartfullodger

The selling of the place makes no difference.  Until evicted by court& bailiffs you fo not have to leave, there is still an entirely valid tenancy.

Good luck, best wishes.