Buying a home after receiving a Section 21

DaffyDuck316

Hi, I have recently been served a Section 21 to vacate a property on 21st July.

It's certainly not my intention to cause problems for my landlord, but there are some Shared Ownership properties available on the 26th September.

If I find somewhere else to rent, I'd have to move twice and sign a six-month tenancy which would take me to December/January

I'm just curious, is it unusual for someone to remain in the property after a Section 21, is this something that might be worth pursuing?

elsien

What do you mean by saying They will be available? Open to people making applications, in which case you may or may not end up being accepted and even if you are the buying process could still take months.
The landlord would have to take you to court to evict you, no idea how long that is taking at the moment. 

Do you know why they want the property back? I was wondering if they would be open to negotiation but if your situation is “well I might be able to buy something starting in September or I might not” then you’re not in a very strong negotiating position.  

saajan_12

DaffyDuck316 said:

Hi, I have recently been served a Section 21 to vacate a property on 21st July.

It's certainly not my intention to cause problems for my landlord, but there are some Shared Ownership properties available on the 26th September.

If I find somewhere else to rent, I'd have to move twice and sign a six-month tenancy which would take me to December/January

I'm just curious, is it unusual for someone to remain in the property after a Section 21, is this something that might be worth pursuing?

Legally you can stay beyond the S21 notice expiry, and all the way until the possession date granted by the court. That's likely to be a few months, but no idea exactly how many, so you can't be certain if you'll be able to remain until you can be in the Shared Ownership place. You would likely have to pay the LL's court costs. 

Btw is the 26th Sept when you can complete (eg it'll be vacated / building complete by then) or when you can apply, after which you need to be accepted, go through conveyancing, etc)?
If the latter, then 6 months from the S21 expiry might align with your move in date anyway, so the 6 month tenancy may not be such an issue. 

Re "unusual", I've never seen stats on this. Its allowed and talked about more on these forums which are more focused on the rights and obligations. But it probably isn't "normal" that people frequently exercise these rights, just from anecdotally speaking to friends who are tenants or LLs. But why are you worried about that? 

DaffyDuck316

26th September is the Estimated Completion Date. I think Estimated is the key word here. If I knew if would be complete by then I'd maybe go for it, but I think it is too risky as there could easily be further delays.

And you are right, I shouldn't worry about whether it is usual or unusual, I think I was trying to gauge how agitated the landlord may be about it, I don't really like upsetting people. They are selling the property and have just received an offer, might be room for a bit of negotiation.

And if I find somewhere to rent for six months, those houses might complete in four, a bit frustrating, but it is what it is.

Bookworm225

we have never met your LL therefore cannot possibly predict how "agitated" they may be with your antics.

Yes you can stay beyond the S21 date
Yes your LL will need to take you to court to ensure the court bailiffs physically throw you out at a date (long) in the future
Yes the court will award the LL's costs against you 
Who knows if you will care about a CCJ on your record given you are looking to buy and so may, or may not, manage to mask that fact from your mortgage company (including whether you actually paid it, or not) when they assess your "credit worthiness"

elsien

What makes you think a section 21a application would lead to a CCJ?
 The OP is not talking about not paying the rent, just not moving out on request.
and as long as any costs (if they were awarded against them) are paid promptly, then no CCJ would be recorded. 

Bookworm225

elsien said:

What makes you think a section 21a application would lead to a CCJ?
 The OP is not talking about not paying the rent, just not moving out on request.
and as long as any costs (if they were awarded against them) are paid promptly, then no CCJ would be recorded. 

apparent belligerent attitude of the OP?

elsien

I didn’t find their attitude belligerent, just asking the question. 

Myci85

If I was in your position I'd probably have a chat with your landlord about your position. Their sale may take as long as your SO purchase and means they avoid a void period with no rent coming in. Plus they may realise that the S21 doesn't force you to leave by that date, so may just be happy to hear you have a plan. 

DaffyDuck316

That's true! It can't do any harm but to ask. Thanks Myci85

teaselMay

It's worth talking to your landlord. Mine gave me a year notice, which ran out 2 weeks ago. Once he knew I'd started conveyancing he told me we could stay until completion - at that point it should have been complete within the notice period but it hasn't and hopefully will be soon. For an idea of timescale uncomplicated shared ownership conveyancing has so far taken 31/2 months, I first made contact with this housing association the first week of January and the house was available then.