overstaying once and section 21 has been issued

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  • overstaying once and section 21 has been issued

    Hi,
    I'm new to this forum, but I have been lurking for a while.

    The question I have is, I am a tenant and wanted to know what would happen if we over stay after the date on the section 21 notice passes, if only by a few days.

    A bit of background. We have been issued a section 21 to leave this property by September 26th. We have been on a rolling contract for the past 2 years. The landlady wants to move back into the property. We are in the process of buying a house, hoping for completion on the 25th. Every-one is working towards this date. But what happens if completion is a few days late?

    We have twice asked the letting agent since receiving the notice if we could extend our stay if only by a few days. The landlady said no, she wants access to the property the day after the tenancy ends. We have been good tenants for 3 years and have paid the rent on time and looked after the place. We have a small family and we will have nowhere to go. I do know that she plans to move in the following week after we leave.

    The letting agent said if we did overstay that we would have to pay her hotel costs and all her expenses. What would actually happen? Would we lose our deposit, what? I hope we do complete on our house in time.

    pim
    Last edited by pim48; 12-09-2006, 16:31 PM. Reason: grammar

  • #2
    Your LL cannot do that ... she could try but I doubt she would succeed. IF you were waiting on a council property you would be told to stay put until the bailiffs arrive!! Your LL should have been warned NOT to leave her current place until she has vacant possession on your home!

    You have been very fair about the situation and you are doing all you can to leave by the end of the term, however if you over stay by a few days then you should pay for those few days. If the LL tries to keep your deposit unfairly you can take it to the small claims court to retrive it.

    If you were to excessively stay beyond the end of the tenancy then your LL would be within her rights to apply to the courts for an eviction, however she would be daft to do this for the sake of a few days.

    Keep all documentation so if it does end up going to court for whatever reason you can show that you were reasonable and the LL was not.. you should win hands down!
    GOVERNMENT HEALTH WARNING: I am a woman and am therefore prone to episodes of PMT... if you don't like what I have to say you can jolly well put it in your pipe and SMOKE IT!!

    Oh and on a serious note... I am NOT a Legal person and therefore anything I post could be complete and utter drivel... but its what I have learned in the University called Life!

    Comment


    • #3
      Thanks for the reply. I did think it was a bit extreme when the letting agents said I would be responsible for hotel costs. I think the woman at the letting agent was pretty hard on me because they do not want the hassle and want us out by that date. There was no sympathy or understanding. I had asked if the landlady intended moving back a couple of months before the notice was issued and they replied that was not the case. But I suppose they couldn't tell us.

      I am beginning to panic now as I had hoped to have exchanged contracts this week. But now I'm waiting to hear if the owners of the house we're buying will move out by the 25th, which previously they said they would stating, if necessary they would move into rented. But that all changed when they found somewhere to buy. So I want to know what the options are and the possible outcomes.

      pim

      Comment


      • #4
        The worst that could happen is that the landlord applies to the court for a possession order, which will take a week or three, and having obtained same, the bailiffs will be asked to evict you - another week or two which should give you plenty of time. The only snag is that you may be expected to pay her court costs (£150 + £90 for the bailiffs) and her solicitor's fee if she uses one.

        P.P.
        Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

        Comment


        • #5
          Can we be absolutely certain that the tenant's purchase will be completed within the time schedule anticipated?

          If the transaction is part of a chain and the chain breaks then pim will want to stay in the property for as long as possible and the eviction procedures set out by the previous poster will apply.

          If pim gives the landlord a final undertaking to leave the property by a specific date (and pay the rent up to that date) then I consider it would be reasonable for the landlord to delay proceedings (and save the tenant the Court fees) until that date expires.
          Vic - wicked landlord
          Any advice or suggestions given in my posts are intended for guidance only and not a substitute for completing full searches on this forum, having regard to the advice of others, or seeking appropriate professional opinion.
          Without Plain English Codes of Practice and easy to complete Prescribed Forms the current law is too complex and is thus neither fair to good tenants nor good landlords.

          Comment


          • #6
            If I thought we would have to stay longer than a week then we would move into other rented property. There are a lot of places to rent around here. I did not want to cause too much disruption to my kids and their schooling, especially as one of them is disabled.

            I'm going to start making appointments to look at other rented places if I do not get confirmation by the end of the week, that the owner can move out by 25th. If he can't it is likely we will pull out of the sale as that was one of the conditions of the sale. I hope it does not come to this.

            However, if it is a question of a few days or a week then that is different.

            pim

            Comment


            • #7
              Originally posted by pim48 View Post
              If I thought we would have to stay longer than a week then we would move into other rented property.
              You know there's pretty much zero chance you'll find a let where you committed for less than 6 months though?

              Comment


              • #8
                I do know that. But we've been renting so long. I don't feel it's the be all to own property. We have owned in the past. The only thing I do hate about renting is the letting agents attitude that you are second class citizens. I have also rented out our place, so I do know what it is like to be on the other side.

                If we do go into rented we will pull out of this sale. As we will be paying for the rent and the house.

                pim

                Comment


                • #9
                  I'll "shoot" my agents if I discover that they have treated my customers as second class citizens!

                  P.P.
                  Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                  Comment


                  • #10
                    Originally posted by P.Pilcher View Post
                    I'll "shoot" my agents if I discover that they have treated my customers as second class citizens!

                    P.P.
                    You're welcome to come down here and shoot mine (or my ex to be exact). They treat tenants AND landlords as if they're something unpleasant they've just stepped in!

                    Comment


                    • #11
                      Well, if that's the case, I wouldn't need to shoot him as he certainly wouldn't be my agent. He may however have received a flea in his ear when I walked out of his office though!

                      P.P.
                      Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                      Comment


                      • #12
                        update

                        just a bit of an update. We'll be exchanging on the house tomorrow and we'll be able to move out before the end of the tenancy. What a relief.

                        pim

                        Comment


                        • #13
                          Why do agents have to be such pigs in situations like this? I mean at the end of the day whatever anybodys job, background, situation, its just completely unnecessary to treat others like something youve just walked on.

                          Good Luck with the house move!

                          Comment


                          • #14
                            Originally posted by uk1 View Post
                            I mean at the end of the day whatever anybodys job, background, situation, its just completely unnecessary to treat others like something youve just walked on.
                            At the end of the day landlords need tenants and tenants need landlords.Wouldn't be nice if there was a little bit of respect on either side
                            Disclaimer:I have over 30 years experience in housing(both social and private) as an EHO and Building Surveyor.I am also a certified expert witness having spent the last 15years working in housing litigation.The advice I give is from experience in working for various Local Authorities and how the law is interpretated.Housing Law is a minefield and is continually being amended if in any doubt you should consult a solicitor or someone of equal legal standing.

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