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View Full Version : Landlord applied for accelerated possession - advice please!



andies
08-03-2010, 20:38 PM
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 :eek:.

mind the gap
08-03-2010, 21:11 PM
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.