Section 21 & selfish landlord

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Section 21 & selfish landlord

    Hi.
    what should be done where you have been honestly paying the rent without even delaying a single day and also keeping the property well cleaned & maintained. But now due to your pregnancy & delivery happening very soon the selfish landlord has served you section 21 to empty the property in 2 months. After delivery there is some time needed to recuperate and if during that time the deadline ends then whether the lady after birth and newborn baby be evicted?
    Need reviews.

    #2
    If you truly believe that the landlord is evicting you because you are pregnant, you might be able to challenge the notice as being illegal. It might be difficult to prove, though.

    On a practical level, when the s21 notice deadline arrives, if you haven't moved out, the landlord has to take you to court and that can take a considerable amount of time (during which time you can still live in the property as long as you pay rent).

    Talk to your local authority housing department and shelter.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

    Comment


      #3
      Are you on good terms with the landlord? It might be worth asking if you can have some extra time so you can avoid the period around the birth.

      Comment


        #4
        This does sound like it might be illegal discrimination; is there any written or witnessed evidence of the reason? Is "our pregnancy & delivery happening very soon" a quote from a letter or email from the landlord (preferably a letter)?

        As a caveat, once they do start court proceedings, you will have to pay the court costs. I would suggest that, if you can make a plan that would have your definitely leaving within four months, the landlord would be foolish to take it to court for possession.

        Comment


          #5
          Landlord hasn't given any reason except that she is coming to live again so whether its discrimination or not will be very difficult to prove although is very coincident to the situation. Can't the court give more time by looking on this real genuine reason and how can the landlord's claim of court fee be challenged as the rent is fully up-to-date.

          Comment


            #6
            You can ask that the court give more time, but the maximum amount of time they can give for a repossession after a hearing is 42 days.

            But there's likely to be a more significant delay to get a court hearing date when the notice expires, that's going to be several weeks.

            You would pay the fee for the court hearing if you lose (note that s21 notices are quite difficult to get right first time).
            The rent being up to date is pretty much expected.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              It sounds to me like it's just misfortune rather than discrimination but the Council might be your best option unless you can move to another prs property quickly. If you cant then I would tell the landlord that I was unable to move out for several months but I would start looking for somewhere else to live as soon as physically possible. If they quibble then tell them that it takes on average over 40 weeks to evict a tenant and that this will cost them money and worry needlessly.

              Comment


                #8
                How much can be the cost which tenant has to pay if lost

                Comment


                  #9
                  If the judge awards costs to you it's around £500 all in I think. However, you could argue the case on the basis of your condition and that you gave the landlord another reasonable option

                  Comment


                    #10
                    What does it mean by awarding? Does it mean that tenant has to pay?

                    Comment


                      #11
                      That is correct.

                      Comment


                        #12
                        I have recently rented to a couple, where the wife was expecting soon. They chose to find a bigger property in readiness for the baby. Why not look for a new home? The timing is inconvenient. January is a slow month and you will find more properties available to rent.

                        I am not sure why the landlady is choosing to move back into her property. Was she aware of the pregnancy?. She may have her own circumstances. May be she will allow her to stay longer.

                        I can only speculate, you can't blame the landlady for wanting the property back, given the increased taxation on landlords, increased regulation. The Torys announcing landlords may not be able to get their property back. You can blame Shelter for making life hard.

                        Lets indulge your argument, that this is discrimination because of the pregnancy. Could you have a valid point? Will this be a single mother? Will she be reliant on benefits?. Would there be a shortfall? As a single mother, what benefits will be be entitled to? Rent for a room-rate or one bed flat?

                        As an alternative, the landlady could rent another place, so as not to disturb the tenant. However, you can't offset the rent from one property against another the cost of renting another. As the landlady will have to pay tax on that rental income. For example, if she got £800pcm, she would have to pay tax and she would not be able to rent an equivalent property of £800pcm.




                        Comment


                          #13
                          Why is LL being selfish for doing something they are legally entitllef to?

                          Comment


                            #14
                            Selfishness is a moral failing, not a breach of the law, although moral failings can result in changes in the law.

                            Comment


                              #15
                              Thanks for replies. If someone as a landlord is replying then kindly reply by assuming yourself as a tenant who facing that situation.

                              Comment

                              Latest Activity

                              Collapse

                              Working...
                              X