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  • FIRST POST
    • bamgbost
    • By bamgbost 11th Jul 18, 1:32 PM
    • 249Posts
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    bamgbost
    Section 21 notice - Any options to extend?
    • #1
    • 11th Jul 18, 1:32 PM
    Section 21 notice - Any options to extend? 11th Jul 18 at 1:32 PM
    Hi

    We have been surprisingly given a section 21 notice. after being at the flat for almost 3 years.

    This wouldnt have been too bad, except for the fact that we are looking to buy. Have put an offer in on a property which only yesterday got accepted.

    informed agent / landlord that can we get a brief extension, maybe 1-2months based on the fact that we are now in chain and hopefully things will complete in approx 3months. However landlord has refused (which is her right i know).

    But is there any further grounds for wanting to stay longer.

    There is now 5.5 weeks left of the 2 month section 21 notice. We have 2 kids, and it will be a ball ache to have to firstly find and then move into some sort of short term accomodation, only to have to move again on completion of purchase.

    and if we do have to move (as is looking increasingly likely) what websites can offer a family of 4 such a short tenancy ( of maybe 2 months!). Grrrrrrrr!

    (just a bit of a rant, i really thought landlord will give us the brief time needed, as we had something in place and 2 kids)
Page 1
    • Rambosmum
    • By Rambosmum 11th Jul 18, 1:47 PM
    • 1,757 Posts
    • 2,272 Thanks
    Rambosmum
    • #2
    • 11th Jul 18, 1:47 PM
    • #2
    • 11th Jul 18, 1:47 PM
    The section 21 is only a notice to evict, you don't actually have to leave on the date - only you or the court/ a judge can actually make you leave.


    If I were you, I'd sit tight. Let the section 21 run out and just keep paying rent. As long as you keep paying rent you'll be fine - the landlord can then go to court, for which you'll be liable for costs, however that'll be cheaper than moving in to temporary accommodation and it is unlikely to get that far, it can take a long while.


    The other option of course is you find a 6 month let asap, negotiate with the LL to leave sooner than the 5 week and not pay the rent for the time left. House buying is full of twists and turns and can take much longer than you think. The only tenancies shorter than 6 months are holiday lets, which are obviously much more expensive and furnished, so you'd then have to store your stuff. The reason for this is that the minimum amount of time someone can live somewhere before being evicted is 6 months.
    • saajan_12
    • By saajan_12 11th Jul 18, 1:54 PM
    • 1,288 Posts
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    saajan_12
    • #3
    • 11th Jul 18, 1:54 PM
    • #3
    • 11th Jul 18, 1:54 PM
    Section 21 = notice of intention to apply for a possession order.

    It is not your marching orders since the landlord alone cannot terminate a tenancy, only the tenant / court can. There's many more steps, all of which take time
    1. LL serves S21 order
    2. Wait for S21 to expire (min 2 calendar months)
    3. LL applies to court for possession order
    4. If S21 valid, court grants a possession order. If invalid, go back to step (1)
    5. Wait for possession order to expire (2-6 weeks)
    6. LL applies for bailiffs
    7. Bailiffs visit and evict you (2-6 weeks)

    So all in, the process can take 1-3 months after your S21 expires or longer if the LL makes a mistake. This may well be enough time for your purchase and if not, you may be able to ask the LL / court to give you an extra week or two if your purchase is imminent.

    You will have to pay rent until the tenancy is terminated by the court or until you move out (whichever is later) and be liable for the LL's court / bailiff costs, but this will likely be cheaper than another rental.
    • campbell19925
    • By campbell19925 11th Jul 18, 1:56 PM
    • 75 Posts
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    campbell19925
    • #4
    • 11th Jul 18, 1:56 PM
    • #4
    • 11th Jul 18, 1:56 PM
    What does your tenancy agreement say? For my curiosity.
    • Pixie5740
    • By Pixie5740 11th Jul 18, 2:19 PM
    • 12,399 Posts
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    Pixie5740
    • #5
    • 11th Jul 18, 2:19 PM
    • #5
    • 11th Jul 18, 2:19 PM
    Read G_M's Guide to Ending/Renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?
    • sal_III
    • By sal_III 11th Jul 18, 2:46 PM
    • 249 Posts
    • 226 Thanks
    sal_III
    • #6
    • 11th Jul 18, 2:46 PM
    • #6
    • 11th Jul 18, 2:46 PM
    I'm in a very similar situation to yours. You can find a lot of useful information in my thread from last month:

    https://forums.moneysavingexpert.com/showthread.php?t=5856984

    First step is to check if the section 21 notice is even valid, I found that this tool is very comprehensive:

    https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

    If it's valid, then you have to make a decision whether you want to wait for the court to issue an eviction notice and risk having to find short term let without references, or bite the bullet and leave on good terms.

    In my case I have already exchanged on a new build due for completion in early September with Section 21 notice end date of 27.07 I plan to "ride the storm" with hopes that the court decision will be delayed 1-2 months, giving me enough time to move. I have a contingency already in terms of where to stay and store the furniture, but like you said, with 2 kids it's a ballache to move short term.

    All the best with the house hunting.
    • bamgbost
    • By bamgbost 11th Jul 18, 3:14 PM
    • 249 Posts
    • 70 Thanks
    bamgbost
    • #7
    • 11th Jul 18, 3:14 PM
    • #7
    • 11th Jul 18, 3:14 PM
    Cheers guys for the immediate suggestions and advice.
    Will continue to dig deeper when I get home from work. But good tips so far.
    • Bean83
    • By Bean83 11th Jul 18, 4:16 PM
    • 233 Posts
    • 411 Thanks
    Bean83
    • #8
    • 11th Jul 18, 4:16 PM
    • #8
    • 11th Jul 18, 4:16 PM
    We had to move in to short term rental last year when our buying/selling time-frames didn't tally - we had to sign a 6 month contract but were only actually there for just over 2 months. We had an agreement (in writing!) with the letting agency that if we needed to leave early, they would re-advertise the house and we would only pay rent until they found someone else to take it over (we had to pay 300 're-advertising fee' too, a total rip-off but they had us over a barrel and they knew it!). We were lucky in that they found someone who wanted to rent the place immediately, so we paid 3 months rent in the end instead of 6. Not ideal as it comes with a bit of a risk, but an option consider if you end up having to move out!

    • FBaby
    • By FBaby 11th Jul 18, 5:15 PM
    • 16,804 Posts
    • 41,496 Thanks
    FBaby
    • #9
    • 11th Jul 18, 5:15 PM
    • #9
    • 11th Jul 18, 5:15 PM
    The LL should know that handing in an S21 doesn't mean that you'll be gone after that date, but extending it makes the process more complicated, so might very well be fine with you staying (assuming you are continuing to pay), just don't want to make it an agreement.
    • bamgbost
    • By bamgbost 12th Jul 18, 9:16 AM
    • 249 Posts
    • 70 Thanks
    bamgbost
    If we use this approach of "just staying and paying".
    Can anything be done against us. credit history wise, or refusal to give deposit back, when we eventually leave.

    I guess obviously we shouldnt go back to them for reference lol.
    • sal_III
    • By sal_III 12th Jul 18, 9:55 AM
    • 249 Posts
    • 226 Thanks
    sal_III
    As far as I understand the only think that might impact your credit history is if it goes to court, LL wins and you fail to pay costs. If you pay the costs it's like any other civil court case.

    LL won't have grounds to hold the deposit, but that doesn't mean he/she won't try to be difficult and withhold it as long as possible. Just be prepared to go without it for a while and use the deposit scheme arbitration process to get it back (it's protected right?)
    • martindow
    • By martindow 12th Jul 18, 10:33 AM
    • 7,633 Posts
    • 4,348 Thanks
    martindow
    LL won't have grounds to hold the deposit, but that doesn't mean he/she won't try to be difficult and withhold it as long as possible. Just be prepared to go without it for a while and use the deposit scheme arbitration process to get it back (it's protected right?)
    Originally posted by sal_III
    If it's not protected that is one of the grounds making the S21 invalid. If you do find there are faults with the S21 it's probably best to say nothing until the LL applies to the court where it will be thrown out. Use strategies to spin things out as long as possible.
    • bamgbost
    • By bamgbost 12th Jul 18, 10:38 AM
    • 249 Posts
    • 70 Thanks
    bamgbost
    Cool. So LAst point from me ( I think) in this circumstance at what point should we make it clear that we are not moving? we are still 5 weeks away from the exit date. So do we just leave it to the week before...? Or tell them now?
    • saajan_12
    • By saajan_12 12th Jul 18, 10:59 AM
    • 1,288 Posts
    • 907 Thanks
    saajan_12
    Cool. So LAst point from me ( I think) in this circumstance at what point should we make it clear that we are not moving? we are still 5 weeks away from the exit date. So do we just leave it to the week before...? Or tell them now?
    Originally posted by bamgbost
    You don't have an obligation to tell them, but nearer the time, I would explain to them nicely that your purchase has only x weeks left so it would be in everyone's interests to hold off on court / bailiffs until then and mutually terminate at some point after the S21.
    * LL saves shelling out on court costs / bailiffs
    * You save ultimate responsibility for court costs / bailiffs
    * LL gets a definite leaving date so he can plan for new tenants with minimal void
    * You get a definite leaving date so you can plan for completion date with minimal mortgage+rent overlap.
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