So we all thought we knew about S.21?

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    #16
    Originally posted by lawstudent View Post
    this will not stop you getting possession, but if the judge is satisfied that there will be exceptional hardship he is able to grant them a longer period of time to find alternative accommodation.
    Your counter to that is that the tenant has already HAD two months to find a new place to live! The usual time that is given is 2 weeks, I think.

    As for what to expect johnboy, you HAVE to make sure all your paperwork is completely in order. And I don't mean to do with your tenancy but to do with the court. It is PURELY an exercise in administration. IF you have received instructions from the court re what papers you have to submit, make sure you follow the instructions TO THE LETTER.

    NUMBER all your submitted papers, and refer to the page numbers when you are making your case. Write down beforehand what you want to say, including the page refs so you are not fumbling with your bundle of documents on the day looking for things.

    Know your dates and the figures of money owed EXACTLY. If you waffle or are unsure of your facts the judge will think a lot less of you, after all you are supposed to be the professional in all of this.

    Work out all your costs in the case, as you may be able to ask the judge to take them into consideration.

    And prepare for the administration of justice to leave you completely gobsmacked at how unfair the whole thing is.

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      #17
      Originally posted by Surrey View Post
      Your counter to that is that the tenant has already HAD two months to find a new place to live! The usual time that is given is 2 weeks, I think.
      But also bear in mind that getting the pocession order doesn't necessarily mean you will get the property back straight away.If this person decides to take you all the way to the "wire" you will be looking at least another couple of months to evict that person legally.I agree Surrey the whole system is unfair.
      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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        #18
        Originally posted by Bel View Post
        I had always perceived the information as meaning that two months must have expired before applying to the court for possession. I take it that most people think in this way; but infact as you say, this is not true.

        The other disadvantage of 'jumping the gun', would be the loss of court fees if the tenants do the right thing and leave after 2 months notice!
        This illustrates how risky it is for tenants to ignore S21 notices and is particularly harsh for those that have landlords that issue "precautionary" S21's at the start of the tenancy (the Sword of Damocles approach). Worst case for the tenant, where the landlord applies early to the court, is they will have only 14 days to find a new property and move as they will not have taken notice of the S21 that was issued maybe months ago!
        ~~~~~

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