Eviction process timeframes

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    Eviction process timeframes

    12 month AST is about to end (at end of July) and convert to periodic tenancy. L wants a new 12 month AST with a 6 month minimum rental period (this is the end of the third year of occupancy, the initial 12 month AST was renewed twice on these terms, with 6 month break clause each time). T has bought another flat and is refurbishing it and plans to move in at end of October/beginning of November, therefore prefers periodic tenancy, and plans to give 1 month notice when ready to move. L insists on 6 month minimum new term. If the gap cannot be bridged in the negotiations, I would like to know whether the T can rely on a minimum timeframe for the eviction process to be enough that essentially guarantees their tenancy until end of October. I have read a lot on the process but there is not enough clarity on the process after the Section 21 notice expires. Here's how I see it, please correct if I'm wrong:

    L serves S21 notice let's say on July 6th (hard to imagine it will be earlier than that).
    Notice expires on 6th of September. (Or is it 30th of September because at that point it's periodic tenancy and has to end at the end of a period?)
    Then a possession court request is filed and T receives a notice a week later, giving them 14 days to respond.
    T responds requesting time for a defense. How much time can they have?
    A date for a hearing is set. Let's say defense is unsuccessful. How many days at a minimum before eviction?
    Can T reasonably expect to be safe from actual eviction until end of October?

    Answers to the template questions below:

    Q1 – Where is the rented property located (England / Wales / Scotland / N Ireland)?
    England

    Q2 – What type of Tenancy Agreement (TA) is this e.g. sole tenant / multiple tenant / room only?
    sole tenant

    Q3 – What date did current TA start dd/mm/yy?
    01/08/2015 but T moved into the property 01/08/2013 (the first 12 month AST was renewed twice)

    Q4 – How long was initial fixed term (6/12/24 months / other)?
    12 months with 6 months break clause

    Q5 – Does the TA state that rent is due weekly? / 4-weekly? / per calendar month (if so, on what same date each month)?
    monthly, on the 1st of every month.

    Q6 – Did the TA require a tenant damage deposit to be paid? If so, on what date was this paid (dd/mm/yy)?
    yes, paid at beginning of tenancy (2013)

    Q7 – If your query relates to a notice for repossession from the landlord (a Section 8 or Section 21 notice) or a tenants's notice to quit to the landlord, please provide the exact date the notice was sent/received (dd/mm/yy).
    Not sent yet

    Q8 – Does the landlord live in the same property as the tenant?
    No

    #2
    Landlord must have rocks in his head.

    1.) Why would he kick out a paying tenant?

    2.) Why would he start a new tenancy that will be under the 1/10/15 regs rather than let the old one continue?

    Comment


      #3
      theta, what is your role in this?

      Comment


        #4
        Originally posted by mariner View Post
        theta, what is your role in this?
        I'm the tenant. I didn't mention it above to try to get an impartial view, but anyway, here it goes. I want to find out whether I can be sure that I won't be on the street before my new flat is ready, without having to pay three extra months of rent (November to January) for the privilege.

        Originally posted by JK0 View Post
        Landlord must have rocks in his head.

        1.) Why would he kick out a paying tenant?

        2.) Why would he start a new tenancy that will be under the 1/10/15 regs rather than let the old one continue?
        Not kicking out yet. But L will have to start a new tenancy anyway when we move out, in 4 months' time. They want to avoid having the flat in the market in the winter, which is why they want a minimum six months' new term. This was the case for the previous 3 years, and of course wasn't a problem then, but this time we will move out before the six months end. So we are now negotiating and we may reach a compromise, but I want to know what happens if there is no compromise. Can I rely on the minimum timeframe for actual eviction taking us to November anyway? Moving twice with 2 babies is not practical, and paying 3 extra months of rent needlessly is too much. Being literally homeless though would be worse, so I need to be sure.

        Comment


          #5
          I think you are probably correct about November. Don't let it get to that stage though. Show landlord my comments at post #2 if it helps.

          Comment


            #6
            Thanks. But regarding your point about the new regs, the new tenancy will be under those anyway, whether it starts now (as he wants, given my unwillingness to commit to six months) or November (if he gives in).

            Comment


              #7
              If the landlord wants to avoid the quiet period (which is a legitimate concern), offer them access for viewings, so they can advertise the property before you leave.

              The actual timescales are a somewhat dependent on where you are, but your estimates are reasonable (and probably on the short side).
              The costs of the court case (£300 plus) would also be yours to pay (normally).

              The difficulty for the landlord is the uncertainty of the dates - it would be helpful to set a date in stone and keep to it.
              That way everyone knows what they're doing.

              You will have to give a minimum of a month's notice ending at the end of a rental period, so you need to give notice soon anyway for either the end of September or October.
              For the avoidance of doubt, the landlord's notice doesn't have to end at the end of a rental period, but does have to be a minimum of two months (outside of any fixed term).
              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

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