Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Other subjects
Original poster

Landlord served us with section 21

151 replies

dionysoss · 11/05/2022 20:45

Hello,

We have been at this property for year now, never missed a payment, always got in touch with the agency if there was an issue. Just today we have been served with a section 21. We have 2 months until we have to move out on the 13th of July.

I am pregnant and my due date is 19th of July. I have let the agency know I am pregnant and they didn't seem to care too much, they said they'll let the landlord know if he can be flexible with the dates.

I am really stressed right now, we just set up the baby's room and the location was perfect for raising our child (we had a park, peaceful area, a community centre for new moms, etc)

My partner also got his driver license suspended because he was caught speeding and he is an HGV driver and now out of work.

I feel like somebody pulled the rug underneath my feet and I don't know what to do. If I had the option to move in with my parents I would, but they live abroad. my partner's mom wouldn't bee too keen for us to move in.

It's not where I imagined I would be at this stage in my pregnancy (30 weeks) but I am really stressing out.

Any advice would be greatly appreciated.

OP posts:
dionnysoss · 12/05/2022 11:09

@Crikeyalmighty Exactly!

The fact that we were not given any reason whatsoever gives me anxiety having to think: "Have we done something wrong"?

flowersinthepond · 12/05/2022 11:16

@dionnysoss the problem is you don't have any rights. When you started to rent they give you a document right to rent which outlines your rights.

Your only right to stay in the property unless the landlord agrees to an extension is to stay put until it's better for you to move and await eviction or a court agrees an extension. If you stay out the landlord will still have to take you to court so you may want to branch out and say you are not in a position to move and see what he says as he may then get the feeling you'll stay anyway and the expense of court is not exactly a small deal.

Personally I would be moving asap but if you can't afford the rents as others have said you'll have to go through the motions.

flowersinthepond · 12/05/2022 11:17

Sorry meant to say you don't have any rights to just say you'll stay another year etc

AxolotlEars · 12/05/2022 11:34

You need to wait until you are evicted to get any help from the council with housing. You can usually join the housing portal in an area regardless of your accommodation situation. Anyone can. then you apply for available properties. You are not officially homeless so an emergency, until evicted

Lincolnbolt · 12/05/2022 15:14

Following out of interest

Summerholidayorcovidagain · 12/05/2022 20:30

We didn't even need a guarantor which we should have (self employed) they just took the reference off our landlord. Honestly op you need 1 so don't be awkward about packing up and going.

Keep him /her on side ime.

Original poster
dionysoss · 13/05/2022 06:22

@AxolotlEars a couple of people mentioned this in other posts.

I have let the housing association know about our situation they said they’ll get back to us on Monday.

Surely I doubt they’ll wait until getting evicted given the fact that my due date is so close with the leave date. But I could be wrong.

Worst case scenario, we ignore the section 21, still keep paying rent of course and just wait until bailiffs come around? Can the landlord take our deposit money towards his court proceedings?

OP posts:
ivykaty44 · 13/05/2022 06:32

My advice

fo and apply for council housing, get on list. Get all your documents in, May b1 form etc and birth certificate

take Council your section 21 form, often they aren’t served correctly which means the landlord has to start again ( don’t tell them it’s incorrect if found to be) council staff will know whether it correct or not. They see many.

don’t move out, as you’d be seen as making yourself intentionally homeless, sit tight and pay rent etc but don’t move and don’t stress as this is going to take time for it to get to court

if course if the section 21 isn’t correct and your landlord runs out of time… he won’t be able to serve you another one. Which would mean you could stay

did your landlord get wind your do list his job?
are you putting in claim for UC and council tax relief?

ivykaty44 · 13/05/2022 06:38

Surely I doubt they’ll wait until getting evicted given the fact that my due date is so close with the leave date. But I could be wrong.

they will wait until you are homeless, so evicted

Worst case scenario, we ignore the section 21, still keep paying rent of course and just wait until bailiffs come around? Can the landlord take our deposit money towards his court proceedings?

bailiff can just turn up, you need to go to court first, and the court will take time

no way can the landlord take your deposit for court fees

if the deposit hasn’t been lodged then he can’t serve a section 21. H where is the deposit?

do you have a gas safety certificate? Again if the landlord can’t produce an upto date certificate he can’t serve a section 21

check the wording of the section 21 is it correct? If not it’s not valid

ivykaty44 · 13/05/2022 06:45

@roarfeckingroarr It’s covered in a section 8

Tabasco007 · 13/05/2022 06:46

dionysoss · 13/05/2022 06:22

@AxolotlEars a couple of people mentioned this in other posts.

I have let the housing association know about our situation they said they’ll get back to us on Monday.

Surely I doubt they’ll wait until getting evicted given the fact that my due date is so close with the leave date. But I could be wrong.

Worst case scenario, we ignore the section 21, still keep paying rent of course and just wait until bailiffs come around? Can the landlord take our deposit money towards his court proceedings?

The landlord does have a right to their Property, can you not start looking now for another place, maybe try and sign a longer lease next time. If you found somewhere, the landlord would more than likely let you leave early.

0dette · 13/05/2022 06:48

WildCoasts · 12/05/2022 09:34

Unfortunately it's always a risk when you are renting that the LL will want you out whenever for their own reasons. It's terrible timing but I would do everything I could to get a new home sorted as soon as possible. It would be much better to be moved and set up before the baby comes, than having to do it after, if you can manage that.

I wouldn't ruin your tenancy history, and chances of future rentals, by making the LL evict you. If the LL is selling because of financial hardship and still has a mortgage over the property, it's not fair on them either, so at least keep paying rent if you do decide to go down that path. In this day and age of tenant databases, try to stay off them.

This is excellent advice. Look for something else to rent right now so hopefully you can move in June or early July before your due date.

Cyw2018 · 13/05/2022 06:56

Do you think your landlord has found out about your DH job loss, and along with the pregnancy and impending maternity leave pay drop, thinks you are to high risk for failing to pay the rent?

If you hadn't been section 21, what was your plan for keeping up your rent payments, and any rent increases (my BTL mortgage is variable rate so the monthly payment is creeping up at the moment, therefore so is the rent)? If you have a good solid plan then maybe discuss it with your letting agent and see if they will discuss it with the landlord so they can rethink their decision.

Tryhard40 · 13/05/2022 06:58

You don't have to move out and can wait to be evicted by the courts which takes a lot of time.

Don't do this - you will be evicted eventually and then no one else will touch you with a barge pole.

I really can't stand this attitude. Do you realise how much time and money it takes the court system and LL to try and get the tenant evicted? The LL has their reasons for the s21 and is acting within the law.

I hope you manage to get sorted OP.

Butitsnotfunnyisititsserious · 13/05/2022 07:03

Tryhard40 · 13/05/2022 06:58

You don't have to move out and can wait to be evicted by the courts which takes a lot of time.

Don't do this - you will be evicted eventually and then no one else will touch you with a barge pole.

I really can't stand this attitude. Do you realise how much time and money it takes the court system and LL to try and get the tenant evicted? The LL has their reasons for the s21 and is acting within the law.

I hope you manage to get sorted OP.

I agree with this. Ultimately it is the landlords property, they have the right to get it back. It's a risk you take when you rent.

byvirtue · 13/05/2022 07:04

I don’t think you are getting brilliant advice here. You are about to have a newborn the last thing you want is the added stress of court proceedings and eviction when you have a new baby.

you have 8 weeks to find a property and get settled before the baby arrives I don’t know why you wouldn’t crack on and get sorted.

yes it’s crap timing but it’s also the opportunity for a fresh start for your new family. Call up some agents, explain you are due soon and ask for help. Honestly the stress of digging your heels in and refusing to leave a property you don’t own is such a waste of time, energy and mental effort when you could be finding a new place to live and be settled before the baby arrives.

ivykaty44 · 13/05/2022 07:05

Tryhard40 How do you know he’s acting within the law? Has the section 21 been served correctly?

without a job how do you think op is going to get a private rental?

ivykaty44 · 13/05/2022 07:07

you have 8 weeks to find a property and get settled before the baby arrives I don’t know why you wouldn’t crack on and get sorted.

how do you pass the affordability when one of you is jobless and the other pg? im really interested to hear your advice on this

ivykaty44 · 13/05/2022 07:09

I agree with this. Ultimately it is the landlords property, they have the right to get it back. It's a risk you take when you rent.

and that will change this year with section 21s stopping

WaterBottle123 · 13/05/2022 07:12

OP your focus here needs to be your partner getting a new job! As you are taking maternity it's his responsibility to house you, not a landlords, who is entitled to ask for his property back.

Or he'll need to be a SAHD and you get a job? You don't mention if you're working?

I'm sorry this has happened, but it's your partner who has to sort this, the landlord hasn't done anything wrong,

Mummybud · 13/05/2022 07:16

Sorry OP, you’re getting some awful advice on here. Do not just stay there and wait for your landlord to follow the court process, its a very expensive process. If your landlord goes to court, in addition to a possession order they can get a costs order for their costs (note: just the application to court costs £355, never mind hiring a solicitor and associated costs).
If that costs order was enforced, it can ultimately just be taken from your bank account.

This is a shitty situation, but ultimately the best thing to do is (a) engage in open dialogue with the landlord about your situation and explain that you need them to be flexible and that you’d like to agree a timescale; (b) find another property ASAP. 30 weeks pregnant isn’t ideal, but at least you still have time. You can move and be settled before baby arrives; and (c) it’s not clear if your husband is working, but a non-driving job could be helpful right now - particularly if you need to sign a new rental agreement elsewhere.

Tryhard40 · 13/05/2022 07:19

and that will change this year with section 21s stopping

And that is why so many LL's are now selling up and getting out and the rental properties in this country have halved almost overnight.

There is nowhere near enough social housing available and no one can be arsed doing anything about it so the government are putting the onus on private LL's to house people (and trying to make it even harder to remove them) - there is only so much people (who let's face it are just trying to earn a living like everyone else) will take. I don't blame all the LL's who are getting out while they can.

Butitsnotfunnyisititsserious · 13/05/2022 07:22

ivykaty44 · 13/05/2022 07:09

I agree with this. Ultimately it is the landlords property, they have the right to get it back. It's a risk you take when you rent.

and that will change this year with section 21s stopping

Well then people who are pleased about it can't complain about a lack of rental properties, can they?

lassof · 13/05/2022 07:22

I can see why landlords wanted to keep Section 21. People seem to move from 'we are good tenants' to 'just wait to be evicted' very quickly!

Butitsnotfunnyisititsserious · 13/05/2022 07:30

lassof · 13/05/2022 07:22

I can see why landlords wanted to keep Section 21. People seem to move from 'we are good tenants' to 'just wait to be evicted' very quickly!

People seem to quickly forget it's not actually their property. I can see why landlords are selling up for sure.