Landlord applied for accelerated possession - advice please!

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

    Landlord applied for accelerated possession - advice please!

    We have been renting a property for almost 2 years now and the landlord decided he wanted to sell around 6 months ago. We allowed viewings even though it stated in the contract that we did not have to do so until the last 28 days of the tenancy and we had not had a section 21 issued at that stage.

    Anyway after a few months of this we got fed up and said we would not be allowing any more viewings until we were given notice so the letting agency then immediately served us with a section 21 but did so 5 days after the rent due day not on the exact date they should have done.

    Due to us finding it extremely difficult to find somewhere else to live (4 children, husband made redundant last October), we went to the council for advice and they told us not to leave when the section 21 expired and stay put until the landlord took us to court and got a possession date. We were not happy about this as we did not want to cause any trouble but had no other option.

    Now last week, the court 'struck out' the accelerated possession application due to the section 21 not being served on the correct date. So am I right in assuming the landlord will now have to serve another section 21 on the next rent due date and go through the process all over again or will the original section 21 which was served over 3 months ago still be valid so he can just put another application in for possession? Really would like to know where we stand as have no idea how much longer we will be in limbo and the council will not do anything to help rehouse us until we have the bailiffs knocking down the door to evict us .

    #2
    The new section 21 should give you at least two clear months' notice ending on a rent payment day. Then LL must apply for a court order which will take several weeks at least (you will be given a court date in advance).

    If you do not move out on that date, he will have to instruct bailiffs. How quickly he can do that will depend on how busy the bailiffs are.

    Perhaps other can give a clearer time scale, but I'd guess you will have at least three or four months before you are required to move out - could be longer.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

    Comment

    Latest Activity

    Collapse

    • Erroneous Change Of Occupancy Fee
      Sonofahod
      Hi There,

      I am planning to move out of a shared rental property in March. Foxtons, the agency managing the property want to charge me a £300 "Change of Occupancy" administration fee as we have not reached the full term of the tenancy. I realise that the fee covers both me leaving...
      23-01-2018, 13:16 PM
    • Reply to Erroneous Change Of Occupancy Fee
      mariner
      Your information is severely deficient,
      Of course a move out inspection can be chargedeven with no move in report.
      You accepted LA fees by proceeding with Application.
      Deposit ADR cannot be used to contest Agency fees.
      24-01-2018, 02:53 AM
    • Attending Court - Advice Please
      Muzza
      Hi there

      I posted recently about our tenant leaving and giving her ex the keys to our house, we have a court date of 4th January for which Im flying back to the UK to attend (no contact or rent received from the persons she has left in there still). I feel hes staying in there as long...
      12-12-2017, 18:03 PM
    • Reply to Attending Court - Advice Please
      Muzza
      Thank you, Ill take a look!
      24-01-2018, 02:31 AM
    • Broken Boiler
      andy967
      HI - our boiler broke yesterday - our landlord is currently waiting for a quote for a new boiler - however one of the problems we have is that she lives abroad. It consequently means she's able to speak to people in the uk about any sort of business matter for 3 hours in the afternoon. I'm wondering...
      23-01-2018, 13:55 PM
    • Reply to Broken Boiler
      Muzza
      I live in the US at the moment, 7 hours behind the UK, yes its difficult BUT when my boiler broke I had someone out within 2 days, one thing she should have in place is a boiler cover or she should have tradesmen lined up who she trusts so if something goes wrong she can get in touch with them immediately,...
      24-01-2018, 02:29 AM
    • Section 8 notice served, what next
      lakemk
      Hi section 8 notice was served for rent arrears last wk, it doesn’t look like the tenant is going to pay , my question is what should I do next to prepare me for the court as I never been.

      I ve seen the post before abt the tenant may defend for disrepair, the house in fairly good condition...
      22-01-2018, 21:46 PM
    • Reply to Section 8 notice served, what next
      Muzza
      Hi - I attended court a few weeks ago, we used several grounds in the section 8, the mandatory one being the rent arrears, they didnt put a defence in, show up or pay so the judge just asked for proof I had served the section 8 (proof of postage receipts from the PO) and an up to date rent statement...
      24-01-2018, 02:24 AM
    • Leak into downstairs flat - advice
      Dberry
      Hi,

      I'm new the forum and the UK and wonder if you can advise…
      I’ve recently moved to the UK from Canada and so I’m not sure of rights and liabilities... I moved into my flat a few months ago and caused a leak into the apartment below me by leaving the tap running in the bathroom...
      23-01-2018, 08:50 AM
    • Reply to Leak into downstairs flat - advice
      mariner
      T responsibility.
      24-01-2018, 02:13 AM
    Working...
    X