Can anyone tell me what to expect please?

[CutiePatooties]

I’ve never been to court before and I’m due to go on Monday.

We were issued with a section 21, as the LL wants to sell her property. We couldn’t find anything we could afford and no lettings agent would accept us as I work part time and we receive a UC top-up. My credit also isn’t too great.

We went to the council who advised us to stay past the eviction date if we didn’t secure alternative tenancy before the eviction date, otherwise we’d be deemed as ‘making ourselves homeless.’ It’s obviously gone past the eviction date now, but my husband’s friend has offered us his house to rent for 2 years, so we accepted that offer thinking we could avoid court etc.

This is not the case, and she is still looking for us to be evicted before our intended move date of the 7th October. She also intends on claiming our full deposit (presumably to pay off her court fees, as we’ve always paid rent in full, on time each month and have maintained the property well, with the lettings never informing us of any issues despite inspecting the home every 3 months for the past 3 years).

I don’t know what to expect and it’s causing me anxiety (I have diagnosed BPD, and I’ve been referred for an autism and ADHD assessment. I struggle day to day and receive PIP). I don’t know what to write in my defence box that they’ve sent (it doesn’t look like there’s much room to write anything). We haven’t got any legal advice as I can’t get through to any of the free advice lines on the phone and we don’t have money for a solicitor.

Not sure if I’ve made sense on here or even what I’m asking for really. My BPD gets worse when I’m under pressure so I’m really not coping right now. I also know I shouldn’t be upset with the LL, but can’t help it. I know she’s not at fault for us having to stay past the eviction date, but she originally told us verbally we could live here for 8 years, then her aunt died, she inherited £700,000 net, knows we’re on benefits with two small children and now wants to take our full deposit despite being very good tenants for 3 years and despite knowing we’ve been trying to find alternative accommodation and have now found somewhere and plan to leave 7th October 2024.

Feeling very low, stressed, can’t deal with not knowing what to expect. We’ve each been given separate fees of £460 each (both my husband and me) which we can’t afford. Then it’s goodbye to our deposit. The thought of having to go through this all again in two years is also difficult, but my housing officer wasn’t responsive until I told her I had found accommodation and now she’s become very helpful indeed.

There are 2 issues here - the legal aspect of being evicted, and the personal aspect of your situation.
Regarding the eviction, have you tried speaking to Citizen’s Advice? I can understand why the landlord has gone down this route, ultimately it’s their property and they want to cease renting it to you. That’s their legal right.
The fact that you’ve struggled to find other accommodation for whatever reason has brought it to the point of eviction. Fortunately you’ve managed to get another rental but obviously there’s a gap between tenancies. It would be incredibly harsh if the courts did not take that into account and ensure your eviction didn’t happen before the date you can move into your new property.
I would make sure you take all evidence of the new tenancy with you to the court as proof. I would also raise the issue of the current landlord not returning your deposit. Good luck in Monday and with your new home.

So you've got a claim form? Is it just for eviction (plus costs/deposit) or is it something else she's claiming?

Shes unlikely to get a court order before 7th Oct tbh.

Not my area so hope someone else will come along but you wrote a really good summary in your post. Transfer this to a piece of paper and write ‘see attached’ in the box on the form. Don’t overcomplicate it but you could take statements to court showing you have always paid on time. Look for local solicitors who do free legal advice clinics for further help or citizens advice and do turn up to court.

Very unlikely she'll get the baliffs out before the 7th October! It's at least 4 months wait where I am.

Does it state in your agreement you're liable for court costs?

@Wwyd2025 it does not state in our agreement that we’re liable for court costs, which is why I think she’s trying to get our full deposit to cover hers.

Her solicitor will know if she’s likely to have us evicted by the courts before the 7th October or not, so if that is unlikely then I can only assume they’re still going for it based on her trying to get our full deposit.

Does it state in your agreement you're liable for court costs?

Wtf. That's nothing to do with her agreement. It's standard to claim for costs in all litigation regardless of what the tenancy agreement says!

The housing charity Shelter would be a good start point.

Assuming the paperwork is OK there is no practical defence against S21.

The advice to stay after the court orders posession and wait for a Bailiff's appointment is a standard thing from councils.

@Bromptotoo that’s what I feared. Looks like we’ll have to just wave goodbye to the deposit we gave her, hope they put us on a payment plan for our costs as we just don’t have that money and hope and pray they don’t boot us out before 7th October!

Have you got an up to date gas safety certificate? That means every year a registered gas engineer comes actually into your home to inspect the boiler... It has to be dated back to back from the previous year.. Without such a certificate issuing a Section 21 isn't legal. Also they are liable for a 6k fine if you haven't got one. If it isn't to hand email her saying you need one. Also keeping your deposit isn't up to the landlord.. The deposit scheme decide that.

@Spenditlikebeckham we have an up to date gas safety certificate. The Lettings agent were very good at managing her property (including inspecting the home every 3 months - which I will not miss!)

You could have refused those... You are entitled to quiet enjoyment of your home. Stand firm about the deposit. They can't just keep it unless lots of damage.

Your deposit should have been protected in a tenancy deposit scheme. Use that to negotiate how much of the deposit you get back.
https://www.citizensadvice.org.uk/housing/deposits/getting-your-tenancy-deposit-back/

This sounds very hard, but for her it is a business op. Try to remove the emotional. As hard as that is. How much money she has is not relevant, you’re not entitled to it as you’ve been good tenants.

you will just need to go through the process. She won’t be enjoying this any more than you, it is an awful situation all round when a tenant refuses to adhere and forces legal action.and councils make people get into that situation.

her view is she shouldn’t be out of pocket and have to pay because of you’re difficulties, which is fair, it’s her property, she’s entitled to it back, why should she pay legal costs. You don’t want to pay as the council ensured you went down this route, forcing legal address, but this isn’t the landlords fault.

just go through the process, you will be in your new home soon enough and can put this behind you.

If that's the case then the LL is Liable to pay all court costs not you.

When your out, contact the deposit scheme and dispute it. Keep the copy of tenancy agreement and send it to them to show your not liable they should then side with you and return it back.

@Wineandcupcakes you're absolutely right - it’s just hard not to get emotional, as you say.

We really didn’t mean for her to have to go through it, I suppose with my emotions running high, I did focus on the fact we have next to nothing and she’s wanting our deposit when she has an estate worth £700,000. Which again you’re right, is irrelevant to the case. Just think it stings a bit, that’s all. However I can see her side of things, that she’s followed the eviction process to the letter, given us notice, our circumstances are not her concern or fault so why should she pay for it?

I do get it, it’s just a hard pill to swallow. Having BPD does make it harder to see logic over emotion. Whilst I logically understand both sides, my emotion took over in my original post. I think I have to work out how to manage these emotions so I don’t come across in the wrong way during the hearing. Thank you for your thoughts, as they’ve helped with mine.

After 9 years our ll is selling her portfolio of properties.. Told us a couple of weeks before Christmas last year. Still looking for a new home. We have no gas safety certificate.. She hasn't realised I know this. She can't issue us with a Section 21... Been 10 months of limbo...

if you and DH are joint tenants there was no need for separate claims. You can ask the court to order that one set of court costs is not allowed because it was unreasonable to duplicate the claim (‘unreasonable’ is the word to use here).
What you need to say in your defence form is that you have secured accommodation from 7 October and you need to be able to stay in the property until then, you have agreed to leave as requested and you should not be ordered to pay any court costs because it was unreasonable to issue a possession claim in these circumstances.
You will almost certainly get an extension of time to 7 October and I think you will get one set of court costs removed but may have to pay the other. You can ask for an order to pay by instalments. Court costs should not be set against the deposit because the court claim is not a breach of the tenancy.
if you have to go to court it will be very quick - 10 minutes or so- and you will only be asked a few questions by the judge, and each side will have their turn to speak, there won’t be brutal cross examination or anything like that.

@Spenditlikebeckham so sorry that you’re going through this. It’s such a stressful position to be in, but it’s so good that you know the correct process and your rights with it. I hope you’re doing okay.

Contact Shelter.
I am pretty sure your deposit can't be retained for her court costs.

PS I forgot to say that you need to use the words ‘exceptional hardship’ when you are asking for the extension of time and refer to your situation as you set it out in your OP.

Sadly, not having anywhere to go does not by itself amount to exceptional hardship in the current climate of private renting.

I take back what I said about the landlord.

I’ve just read her claim again and she wants us to pay her court costs AND give her our deposit in full, when she’s been getting and has always got £1400 a month from us and the property has always been well maintained.

covering her court costs I could logically see why she’d go for this which is why I had some understanding of her wanting our full deposit. However, she’s mentioned the court/legal fees separately and wants our deposit on top.

Just sat here crying which won’t help matters! £460 each, in court fees, plus her court and legal fees plus £1557 deposit we gave her. £1400 a month, on time, in full and a well-maintained property. We tried to be housed before the eviction date and the council told us we had to stay. I don’t know what else I could have done and now I’m really all over the place. What’s worse is I have to go into work tomorrow and Friday and try to act ‘normal.’ Just feel like this is all too much.

Sorry, I know this is a legal thread but I’m dealing with this on my own as my husband hasn’t helped me with any of it and I don’t understand why someone would try and claim more than they’re owed when they already have more than enough and the legal fees were an unwanted expense and I get that, but to have that and our deposit? Why? Just a kick in the teeth and yes it hurts more when we have next to nothing and she’s already very comfortable.

Also hard knowing we’ll probably have this rubbish to deal with when the next LL wants his property back!

Again, apologies, but I’ve gone from understanding what she’s doing, to feeling rather pissed at what she’s doing! I’m really not cut out for dealing with this.

@fernsandlilies thank you, you’ve been so helpful. My mind has gone a bit foggy atm which will not help me. Just turned into a crying mess! Need to screw my head back on.

Me and my family are in the same situation - just waiting for the bailiff to give us the date we are officially homeless and have to present to the council as such (awful process).

Contact Shelter immediately, they may be able to help waive your court costs, and will have solicitors available at the court to represent you. Good luck.

Thanks @AnotherCrazyBirdLady and sorry you’re going through this as well.

I’ve tried phoning Shelter but can’t get hold of them. I tried free legal aid who said we would be entitled to it, but after calling 5 solicitors in my area I’ve realised I’ve left it too late to get any legal help with it, as the hearing is on Monday.

No it's not. You can claim fixed fees only in housing litigation cases. So the issue fee of £355 plus the fixed fees as in part 55.

If the Tenancy Agreement states the tenant is responsible for all legal costs including solicitor costs then the landlord can sue separately for them if the court declines to make them part of the recovered fees. It very much depends on whether it's the accelerated procedure or not.