Served Section 21 ... for no apparent reason

[hyperjase]

We've been served our Section 21 notice, 4 months into a 6 month contract. The reason ... they claim we're "not happy in the property". However, we found several leaks through the roof, one through a ceiling in a bedroom and the main bedroom had mold growing on the ceiling. I informed the landlord of this, they got a professional roofer out and he told them it needs a new roof. They get 3 other quotes and get told the same thing by each of them. During a phone call, she claims the roof didn't need replacing and it was my fault! I had used a brush to brush off the moss from the roof, the previous tenant had paid to have the other side fully cleaned off, oddly both leaks were on that side of the roof!

 

Anyway, you get the idea.

 

My question is; our tenancy runs out on 15th July, we've found somewhere but can't move in till 21st July, 6 days. I have a feeling the landlord would be a complete [something not overly polite] and refuse us. Question is - if we pay the 6 day difference and stay anyway, can she do anything about it? Takes weeks to get it all taken to court anyway I believe. They may just be agreeable, but covering my back just in case we have to make other plans...

[honeybee13]

Hello there.

 

I've moved your thread to the lettings section on CAG, I think you'll get some answers from the forum regulars when they're able to get here.

 

HB

[The Carpet Cleaners]

Well you obviously know that you can move out before 15th without giving any notice, provided the LL has the keys before the tenancy runs out.... However if you stay even 1 hour after the tenancy runs out, it automatically becomes a periodic tenancy and thus you would have to give a full months notice to leave, and you would be liable to pay the full rent for that month, even if you were not there....

 

If there is any way that you can put your stuff into a temporary storage place for 6 days, and stay in a hotel or B & B it would probably work out cheaper, and with less hassle, and begging to a LL...

 

You could always ask the LL for the 6 days, and if agreed make sure that it is written down and signed and witnessed for your own financial protection.

[Peterbard]

Since last october the rules on section 21 notices have changed, before this date land lords could issue one on the the first day of tenancy and a lot did, enabling the LL to evict at any time after applying for a possession order

 

In your case, under the new rules a notice was issued four months into the tenancy which is the earliest opportunity they have to issue one.

.

I haven't worked out your dates for you but even after two months from the issuance date they cannot evict immediately. They then have to apply for a possession order(at a cost of £380 quid I think) which takes a minimum of fourteen days, until they have this they cannot apply for an eviction order which may take another two weeks. Tnere is nothing stopping you form remaining and leaving within this period, it is there to give you time to comply before a court hearing is needed

 

Some unscrupulous tenants make a habit of not leaving a property until' the eviction notice arrives(I know( and some wait for the bailiffs which can be months after. So a guarantee to leave even though it is a week or so late would be acceptable if you make yourself clear that you understand the law.

 

Also make sure they provided you with the prescribed info before issuing the notice see here for further info.

https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england#if-things-go-wrong

[SabreSheep]

The downside is that if they pay for the possession hearing they can chase the costs from you.

 

So if you do stay beyond, be aware that unless they agree, you may be liable for their costs.

[Peterbard]

LL going to risk anther three hundred and odd quid and god knows how long waiting for the tenant to actually vacate, not going to happen SS.

[Peterbard]

In any case the landlord has not even issued a claim yet, how do yo know he will apply for costs, and how do you know the judge would grant them as this is a reasonable request.

[Peterbard]

I should add that i am a landlord myself and know full well what is and is not reclaimable and as frustrating as it is and has been in the past , it is nevertheless absolutely true that the landlords hands are tied in this situation.

 

To the OP you write your landlord a letter and say that unfortunately you are unable to leave until a week after the section 21 expiry date but guaranteed to be out on that date. I hope this is acceptable to you.

 

See what he comes back with.

[SabreSheep]

The LL normally writes the ability to reclaim legal costs for eviction into the tenancy. It does happen, You are not the only LL here.

 

Also I said it was a possibility.

[mariner51]

Dodgeball, LL has no reason to issue/action a new s21, at an additional cost of £380 if current one is deemed valid by Judge at time of hearing. LLs can ask Judge that cost of hearing be paid by T. We cannot presume any ind Judge's response, but there appears a willingness by several to apply such cost to T for wasting Court time with a futile delay after expiry of valid s21. I accept s21 expiry does not terminate Tenancy, but neither does Court Repo Order.

 

 

When did you last seek Repo via s21?

[Peterbard]

I am talking about the possession order of course, not a section 21 notice to quit.

The notice to quit consts nothing.

 

If the LL wishes to re posses he would need to get the order of the court at the stated fee.

 

I last had to do a repossession about six weeks ago under the accelerated claim procedure on a N5b.

 

There is a term in the contract there is facility within the claim notice to say you are pursuing costs of the action, this is the same with all civil actions.

 

There is little point starting an action for repossession and paying this fee to the court if the tenant is going to move out before it hits the court, all you are doing is starting a risky action to get the costs of the action itself back, which makes no sense.

[Peterbard]

In any case anyone who has actually done one of these will tell you what a pain in the backside they are, you need every piece of paperwork deposit certificate section 21 notice safety checks etc all in triplicate all dates correct , if they are in anyway inconsistent the judge throws the case out and you lose your fee.

 

Any sane person would let the tenant have a few extra days. In fact when my last action was taken, my agent recommended that I give them an extra £750 to move out, even though they owed me about £2k arrears.

[Peterbard]

. I accept s21 expiry does not terminate Tenancy, but neither does Court Repo Order.

 

 

When did you last seek Repo via s21?

There is no need to terminate a tenancy on a section 21 notice as it can only be actioned after the term has run and the agreement is periodic (renewable every month usually).

[SabreSheep]

I agree that for 6 days it is unlikely the LL will seek an order to repocess however I was making that possibility known in the interests of the OP so they are aware of all Possible outcomes to their actions. Also not all LL's are as understanding or knowledgeable as yourself.

 

 

For the OP

 

https://www.gov.uk/private-renting-evictions/rules-your-landlord-must-follow

[Peterbard]

Yes sorry seem to have my argumentative head on today, i am in the middle of chasing someone at the moment for over 8k for arrears and the cost of making the property suitable for habitation again after spending nearly 5 month to get them out, so i am bit touchy on the subject at the moment, i have a thread on here about it.

 

I was trying to give the OP some advantage, born of my pain