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So the S21 expiry date is 27th.It's an unholy mess. The date in the 6A states:
The Agency have already scheduled the checkout for 27.07.2018, which is even better because it's definitely less than 2 months from the date the notice is deemed served by post - the earliest possible is either 28.05.2018 (Monday). Alternatively if its earlier than 25.05.2018 (Friday) it conflicts with the special break clause.
I will definitely try the argument on the Agency first, if they can come up with a compelling evidence/argument/explanation I will think how to handle the situation. Wife and kids are going to be with grandparents for several week during the "turmoil", so i'm not afraid if it gets hairy. Plus I have where to go if I have to vacate on 27.07 after all, it just going to be a major hassle and double expense for moving, cleaning etc.
I have fine combed the rest of it and it's valid on all other accounts. Not sure if the messing with the TDS on 29.05.2018 has any bearings.
After 27th the landlord can apply for a possession order. So that could be on 28th if she is keen or it could be days, weeks or months after.
Yes a start is to try the argument on the agent.
Either way you do not have to leave until she gets a possession order etc.
If you need/want to take it that far, fill in the defence form from the county court that you will get in the post once the landlord has applied for a possession order.
The presence of the defence form will slow things down as it will stop it being accelerated possession. You can fill it in yourself it's fairly clear.
If your defence fails you will likely have to pay the court fee which is IIRC £355. Cannot recall if you have to pay something towards landlord's solicitor if so probably not much.
If you pay the fee right away then no reflection on you financially.
You reference will be trashed but if you are not renting again ...
I went through this procedure when we were buying a house and TBH it was stressful but I knew the S21 wasn't valid (no deposit prescribed information). The agent would not accept it and hassled a lot until I sent them an email of all the calls (daily at one point) and said it felt like harassment. Didn't hear another peep.
As soon as my landlord saw my defence form he withdrew his application.
I would only go this route if there isn't an alternative like an arrangement to be made with the landlord, if you are not looking to rent again when you move, if you are sure it will buy you enough time for your new home to be completed, if the possible court fees are cheaper than alternative short term accommodation and if you don't mind confrontation.0 -
PS: Bear in mind that as soon as you query the S21 the agent will serve another. Both will be running so they can still use the first but if that fails they can use the second. So I'd delay mentioning it to them until after 27th of this month to delay the new notice.
Also you can put more than one reason on the defence form so suggest you put my argument and yours. That way if one fails you have the others. How it goes will depend on the judge but you should draw all relevant points to his attention. Not that I can predict which way it will go as these are picky points.0 -
I would only go this route if there isn't an alternative like an arrangement to be made with the landlord, if you are not looking to rent again when you move, if you are sure it will buy you enough time for your new home to be completed, if the possible court fees are cheaper than alternative short term accommodation and if you don't mind confrontation.
The alternative was my first port of call - I asked to remain until early-mid September at least to make sure the new build is finished. Landlord refused, said that he is moving back in. Which kinda !!!!ed me off, since we explicitly said we are moving in because of a school (my 4 y.o. starts this September) and wanted 18 months. So i'm up for a confrontation.
I wasn't planning on bringing this point to the Agent until beginning of July anyway. Definitely after the bloody exchange which is taking forever, should be done by the end of next week fingers crossed. The build is progressing nicely (looking at it everyday across the street) and the marketing people (i know i know, don't put too much faith in the marketing drones babbling) are positive it's very likely to be completed ahead of schedule.
Already have a plan B where to go and there is a storage unit 200-300m from my current and future homes. If the arguments fail and the court awards repossession I'm not planning to wait for the bailiffs.
Not planning on renting any time soon, so couldn't acre less about references. But I'm a bit worried whether going to court for this can reflect on my current mortgage offer after the exchange or a remortgage in 2 years time.0 -
The alternative was my first port of call - I asked to remain until early-mid September at least to make sure the new build is finished. Landlord refused, said that he is moving back in. Which kinda !!!!ed me off, since we explicitly said we are moving in because of a school (my 4 y.o. starts this September) and wanted 18 months. So i'm up for a confrontation.
I wasn't planning on bringing this point to the Agent until beginning of July anyway. Definitely after the bloody exchange which is taking forever, should be done by the end of next week fingers crossed. The build is progressing nicely (looking at it everyday across the street) and the marketing people (i know i know, don't put too much faith in the marketing drones babbling) are positive it's very likely to be completed ahead of schedule.
Already have a plan B where to go and there is a storage unit 200-300m from my current and future homes. If the arguments fail and the court awards repossession I'm not planning to wait for the bailiffs.
Not planning on renting any time soon, so couldn't acre less about references. But I'm a bit worried whether going to court for this can reflect on my current mortgage offer after the exchange or a remortgage in 2 years time.
It takes forever to get a court date so it won't affect your mortgage and then only if you don't pay up and have a ccj registered against you. Only you or a court can end the tenancy a s21/form 6a is simply requesting that you leave by x date.When using the housing forum please use the sticky threads for valuable information.0 -
But I'm a bit worried whether going to court for this can reflect on my current mortgage offer after the exchange or a remortgage in 2 years time.
If you lose then you will have to pay the LL's court fee etc. but so long as you pay right away you won't get a CCJ. So have the cash aside ready to pay.
Discussion of this here, in particular note the reply by David Smith Landlord & Tenant Solicitor Anthony Gold Solicitors:
https://www.propertytribes.com/ferguss-point-about-possession-orders-t-10070.html0
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