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Section 21

I’ve been given a section 21 by my landlord but it’s impossible for me to move in two months as expected as I’m a full time worker, can’t find property so soon and nit enough time to pack my home. Can I ask my letting agents to allow memory time, it’s dreadfully stressful at Xmas time not knowing where I can go and has caused me to feel very unwell at work as a result which is so unfair considering landlord says I’m an exemplary tenant! 

Comments

  • Sam_666
    Sam_666 Posts: 115 Forumite
    100 Posts First Anniversary Name Dropper
    First you need learn about your rights as tenant, then you can stop panicking.
    Visit Shelter website for excelent info.

    Next thing to remeber, ONLY courty can ask you to move out, and only bailifts can execute court order.
    All in all, that can take 6-10 months on avg.

    Another thing, have you changed door locks? If not, what are you waiting for?

    Have Merry Xmas and dont worry about this nonsence.
  • Brie
    Brie Posts: 14,130 Ambassador
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Meanwhile check all the paperwork re the S21 and everything to do with your rental.  Have you got confirmation of your rental deposit?  Do you have smoke detectors?  Is everything ok about your place?  Any one thing that the landlord has got wrong will mean they have to correct that before reissuing the S21 which can take a fair bit of time.  If there's anything (and Shelter will help spot these things) wait until the day before the S21 is due and then tell the LL.  That will buy you extra time.  
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  • Bookworm105
    Bookworm105 Posts: 2,016 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 26 November 2024 at 1:01AM
    a S21 notice is the landlord telling you that in no less than 2 months time the LL may go to court and ask the court to award possession of the property to them. Only a court can order your eviction and it takes many, many, months after the S21 expiry date to get an actual court hearing date and even then more time afterwards to get bailiffs to physically remove you and thus actually carry out the eviction.

    there is no way you will be out before February unless you choose to walk out yourself of your own volition.

    a S21 is NOT a notice of eviction, it is perfectly legal for you to overstay that notice date, but doing so is not without repercussions, for example: a) if LL goes to court you are liable for their court costs, b) you are liable to continue paying rent, c) the LL is still entitled to increase the rent.
  • anselld
    anselld Posts: 8,565 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 26 November 2024 at 7:29AM
    Aluap22 said:
    I’ve been given a section 21 by my landlord but it’s impossible for me to move in two months as expected as I’m a full time worker, can’t find property so soon and nit enough time to pack my home. Can I ask my letting agents to allow memory time, it’s dreadfully stressful at Xmas time not knowing where I can go and has caused me to feel very unwell at work as a result which is so unfair considering landlord says I’m an exemplary tenant! 
    Others have correctly set out the legal position.  However if it is the stress of not knowing where you will end up which is causing you most stress then I would suggest it might not be beneficial to stretch out the legal process as that will just add to the anxiety.
    It might seem at first seem to be impossible to move in two months but it is not, people do it all the time.  Other than a week of holiday Christmas is no different.  Just bite the bullet and see what you can find.  As others have mentioned you will not be turfed out when the s21 expires but you will need to go at some point so might as well try and see what is feasible.

  • babyblade41
    babyblade41 Posts: 3,961 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    My opinion FWIW  .A section 21 is a notice from the LL and everything on it has to be correct to be bought to fruition.

    Yes you can hang out for a fair few months as only a court can grant the right to have you evicted...however, your LL , for whatever reason wishes you to vacate the property so the best thing is to start looking for somewhere else now.

    The stress will get worse whilst you are fighting the LL over the next few months , now that doesn't mean to say you need it done in 2 months but now is the time to start looking forward to find something that is suitable rather than leaving it to the last minute and you end up moving into somewhere grotty due to it being rushed 
  • FlorayG
    FlorayG Posts: 2,051 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    Don't panic. Tell your landlord that you will start looking for another property immediately (and also that you expect him to refund any rent you have paid in advance and not hold YOU to two months notice if you are lucky and find somewhere immediately; after all, you will be helping him if you do)
    Then continue to pay your rent as normal for as long as it takes you to find somewhere. If you are genuinely trying and you get on OK with your landlord he's unlikely to go as far as court because that route will take just as long as you looking and be a LOT more hassle for him
    I don't know why you've been advised to change the locks - your LL needs access in emergencies and other than that he's not allowed in your house without your prior permission.
    Please try to keep this amenable between you and the LL; quite often they issue a S21 for their own very good reasons and they will do everything to help you get a new place
  • FlorayG said:
    Don't panic. Tell your landlord that you will start looking for another property immediately (and also that you expect him to refund any rent you have paid in advance and not hold YOU to two months notice if you are lucky and find somewhere immediately; after all, you will be helping him if you do)
    Then continue to pay your rent as normal for as long as it takes you to find somewhere. If you are genuinely trying and you get on OK with your landlord he's unlikely to go as far as court because that route will take just as long as you looking and be a LOT more hassle for him
    I don't know why you've been advised to change the locks - your LL needs access in emergencies and other than that he's not allowed in your house without your prior permission.
    Please try to keep this amenable between you and the LL; quite often they issue a S21 for their own very good reasons and they will do everything to help you get a new place

    The reason that people are told that is because many Landlords don't understand the law. There are genuinely those that trot in and throw the tenant's gear out the door. Yes, this is illegal. Yes, they could go to prison. But no, they don't care. And they'll just say "No, wasn't me" and pay someone else to do it.
  • DullGreyGuy
    DullGreyGuy Posts: 17,287 Forumite
    10,000 Posts Second Anniversary Name Dropper
    Sam_666 said:
    First you need learn about your rights as tenant, then you can stop panicking.
    Visit Shelter website for excelent info.

    Next thing to remeber, ONLY courty can ask you to move out, and only bailifts can execute court order.
    All in all, that can take 6-10 months on avg.

    Another thing, have you changed door locks? If not, what are you waiting for?

    Have Merry Xmas and dont worry about this nonsence.
    Anyone can ask you to move out... only the Court can force you to. 

    No longer a renter, but do wonder how renters get their next place if each landlord has to go to court to get them out and you can't pay 6 months+ in rent? Not everyone can fall back on the local authority to provide a place if they're without kids etc
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