Section 21 notice from Landlord Assured Tenancy Contract 12 month - help and thoughts please

[dashy-1]

Hi,

Some help needed on the following:

 

Rented out a property on Assured Shorthold Tenancy Agreement for 12 month. Exactly 6 month have passed, we got Section 21 Notice to vacate the property. Never missed a rent. etc.

Basically landlord wants his property back for whatever reason.

 

Checked the our AST Contract, and under Special Condition, we do have a "brake close" which allows landlord to terminate the agreement. So contractually all appears to be good.

 

So looks like we dont have any options here apart from move out, but we need another 5-6 month to stay at this property.

 

Now, does anyone know if CCJ is awarded against the tenant when landlord goes to the court to get his Possession Order?

 

Just to note, all the rent payments are up to date and no moneis are owned, or will be owned, as tenants are planing to keep paying rent for these 5-6 month.

 

Thank you.

Dashy

[asokn]

There will not be a CCJ. Section 21 notices are used when the landlord is not alleging any breach of tenancy but the landlord is contractually entitled to have the property back (i.e. By using the break clause).

 

Normally the court will make an order for possession in 14 days if the notice is in the proper form and the landlord is entitled to use the section 21 procedure.

 

Could you post up the notice itself?

 

Why do you "need" another 5-6 months in the property?

[dashy-1]

Thank you for your reply.

 

The notice is properly served and in properly drafted, i have had it checked by the lawyer. Contractually all is in order and all the procedures are followed according to the law.

 

The reason why we need are:

1. We are buying the property about the date that notice served expires, and its going to take 3-6 month to be finalized, so we need a place to stay until contracts exchanged etc.

2. We are expecting a child and the due date is the date (or around it) of the notice expiration too.

 

You can not think of any worst possible timing for our lanlord to kick us out.

I am hoping that the judge (hope it will not come to this) will consider the hardship caused by eviction.

 

Thanks.

[asokn]

You can apply for up to 8 weeks if you can make out exceptional hardship. The judge cannot allow you to remain in the property for an extra 6 months.

[dashy-1]

Thanks. I think you got me slightly wrong. The section 21 notice already gives us 2 month. So, in two month we will "need" another 2-3 month. I am hoping that it will take 2-3 month until landlord gets his case hearing at the court.

In two month after the notice is expired and we are still not moved out, what does landlord do? He will probably apply for the 'possession order' - how long does this process takes? Can I as a tenant 'drag it' using our situation (which is genuine). All we need is time.

 

Thanks.

[asokn]

If you've not moved out when the section 21 notice expires then the landlord will have to issue possession proceedings. It depends on the court exactly how long the claim will take to proceed to a hearing but it is usually between 3-5 weeks in my experience.

 

At the hearing the judge can give you up to 8 weeks.

 

I'm not going to tell you how drag out these proceedings unnecessarily, others may be prepared to do so.

[dashy-1]

Thank you very much for your reply, really appreciated.

[asokn]

I should correct myself, the court can give a maximum of 6 weeks in a case of exceptional hardship.

[dashy-1]

It seems we are one of many hundreds (possibly more) victims of greedy east London landlords who think they can make 2.5K per week on renting out their properties during Olympics. It will be interesting to see if they can actually make these type of money as widely being advertised by local East London estate agents.