View Full Version : When must tenant leave after s.21 Notice expires?
first of all i would like to say thank you for all of the advice i have been given!you have all been very helpul.
i was wondering if anyone could help me
i have now come to the end of my section 21 and i am still in the property. i was supposed to leave "after 1 march" and i have not heard anything from my landlord. is this usual? do i now have to wait for court papers to arrive? how long will this take?
any advice that you can give will be greatly appreciated
09-03-2006, 20:59 PM
Unless you leave voluntarily the Landlord will need to obtain a Possession Order. You should next receive papers from the Court giving details of the Landlord's application and the date of the hearing.
Remember though you are still liable for rent until you hand over possession of the property and the Landlord can claim this from you (or your Guarantor if you have one)
and up to date. you dont know how long it will take for me to recieve the court papers do you?
09-03-2006, 21:52 PM
Depends on the court paperwork situation, but I would say at least a week from the receipt of the landlord's correctly completed paperwork. Don't forget that you will also now be expected to pay the landlords court fees and any solicitor's fees he has incurred, also that he will probably use the accelerated procedure, so if you do nothing, the next thing you receive will be a possession order - there won't be a hearing
09-03-2006, 22:55 PM
The tenant doesn't automatically have to pay the landlord's court fee, it's at the judge's discretion!
09-03-2006, 23:13 PM
If the proceedings were issued correctly - the judge will as a matter of course allow the costs being the court fee. In my own experience they seem not to allow costs for solicitors unless in exceptional circumstances or for witnesses be either required for S21 or S8 possessions.
The usual time the court fee is not allowed is if the wrong summons has been requested and issued or there is a defect in the paperwork requiring the judge to dismiss the case.
to why we are in this situation, if so then we hope the landlord will be made to pay court costs. They should be made an example of to show other tax avoiders and bad landlords that they cannot treat people like this!
10-03-2006, 13:19 PM
I doubt it Mole... the judge did not even look at the fact that my sisters LL had applied for the possesion order early! Did not take into account they had a 3 month old son.. or various medical evidence of why they should have more time!
Yes it would be nice if they listened.. but somehow I doubt they will
10-03-2006, 19:07 PM
It is really quite simple: If you are a good, honest landlord who has picked up a "professional" tenant then the judge will bend over backwards to give the tenant as much time as he needs to get the last drop of free occupancy out of said landlord. However, if the landlord is a b*stard who pays scant attention to L+T law and screws his fair and reasonable tenant every way he can, then the judge will naturally side with the landlord! My rule of insurance companies applies equally to judges - "Heads they win, tails, you loose!
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