Being Evicted Because I Asked For Repairs - Section 21 - England Private Rental

[mystic_bertie]

I have obviously overdone it when it comes to asking for repairs to this house that im renting. I have been given a section 21 notice of 2 months to leave by the letting agency. Do i have to leave on that date? I have severe mental health issues and i really don't need this right now. Can i appeal against this? Evil landlord strikes again.

[theberengersniper]

Well, he can't physically evict you, so if you refuse to leave on the date on your Section 21 notice he'd need to take you to court, get a possession order and a warrant for eviction, none of which is a very quick process.

But I'd suggest your first port of call is to make sure the Section 21 notice you've received is actually valid in the first place. More information here:

If you get a section 21 notice

WWW.CITIZENSADVICE.ORG.UK

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Check your section 21 notice is valid, find out what to do if it's not valid and make sure you know what to do before you need to leave your home.

Have you been given a reason for the end of tenancy? It'd be worth asking if not, you might find he wants to refurbish the place and you might be able to come to an arrangement with him to move out temporarily, or even allow him to work around you.

 

[mystic_bertie]

many thanks for your reply, i had a quick look through the link you gave and it suggests contacting the CAB to get advice if it is an eviction because i asked for repairs. I will go through it tomorrow in more details to see if the section 21 is valid or not too.

The landlord is in America and i deal with a letting agent. I was not given a reason but i will send an email and ask the question. It seems obvious that it is because of repair requests. Ill let you know what they say. I moved in here in 5 months ago

If i refuse to leave as requested, if they go to court am i likely to incur any costs or fee's?

 

thanks

 

Edited May 25, 2023 by mystic_bertie

[stu007]

Hi

Have a wee read of this Shelter link:

How to check a section 21 notice is valid - Shelter England - Shelter England

ENGLAND.SHELTER.ORG.UK

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Find out how to check if the section 21 eviction notice served by your landlord is valid. You can challenge an invalid notice in court and stop the...

 

[mystic_bertie]

Hi Stu many thanks for that link. It is much appreciated. It looks like the section 21 is valid so ill read more on that article to see how to deal with the process.

[stu007]

Hi

 

If you are in England I do hope the Landlord has given you a copy of the How to Rent: the checklist for renting in England as that is a legal requirement that you are given a copy.

/assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png

How to rent - GOV.UK

WWW.GOV.UK

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This guide is for people who are looking for a house or flat to rent.

 

[mystic_bertie]

Stu - sorry for the late reply. It does look like they have done everything correctly. I cant seem to get through to the local CAB as by the time i get home the offices shut at 5pm. Ill try and call tomorrow before i drive home. 

[mystic_bertie]

Hey guys after reading those articles on the Shelter and C.A.B websites,  it looks like i will be charged for any court fee's, is this correct? It looks like i will need to move at some point so maybe i should start looking for another place, i'm in the Bristol/Gloucester area so it might take a while to find a place and for my application to be accepted. 

I cant get a hold of the Bristol CAB, the site says the opening times are to 5pm, i phoned at 4pm after work and its closed, i fear my half hour dinner break wont be enough.

[stu007]

Hi

 

Phone Shelter and speak to them they deal with this sort of situation a lot

[mystic_bertie]

Hi Stu many thanks for your reply. I managed to get a hold of Shelter as per your suggestion. 

It does seem like everything had been followed properly and the notice is valid. As mentioned i can stay beyond the notice date but it looks likes i will have to pay the court fees which can be up to £500. So that is  still an option if i have no choice but i do want to avoid those fee's.

I have found out that the landlord has decided to sell and that is why i am being evicted. At least it makes it more acceptable knowing its not being done out of revenge. So maybe i can ask for some more time to work around this situation and find a place to stay. It would have been better if it was handled better and given this information at the start.

[mystic_bertie]

Hey guys i am still in my house 1 month past the eviction date. I had a problem which prevented me getting another place, the new job i was in there had a 3 month probation period and this meant i could not get references. So that has probation period has passed and i can start looking again.

I was informed by the letting agent that the landlord had started legal proceedings, i was told the legal proceedings would stop if i moved out. They could not tell me if im responsible for any fees if i did move out before it went to court. Can anyone tell me if i am legally bound to pay any fees if i move out before it gets to court?

thanks all

[mystic_bertie]

can anyone please offer me some guidance or if they are unable to advise on this matter.

[stu007]

Hi

You need it in writing from the Letting Agent that if you move out before any Court Proceedings and handover the property properly to them with a Check Out Handover there will be no additional fees.

You want this in writing from them not over the phone.

[mystic_bertie]

Hi Stu

I shall send them an email requesting what you have suggested. She already told me she cant give me legal advice but ill ask anyways.