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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:
dionysoss · 17/05/2022 13:28

@HOTHotPeppers no older children, just this phone we are expecting.

OP posts:
dionysoss · 17/05/2022 13:30

Bloody typo, just this one we are expecting in july

OP posts:
Redruby2020 · 17/05/2022 13:34

Hi there, been through this myself, although my ex landlord was unable to serve a section 21, due to him not having a licence on the property, which he should of had. So he made a load of bull up and served a section 8 on us. You need to contact your local council immediately, you do not have to leave until or unless your landlord takes you to court to be evicted. But your local council will be able to tell you more in regards to what their policy is. Don't let them fob you off though. However most from what I know of, will tell you to stay put, unless you have somewhere else to go. Because if you don't and you leave before being evicted the council will call you intentionally homeless, and therefore will not have a legal duty to assist you.
I haven't read further comments on your post, but i would be interested to know how you get on.
Fingers crossed for you!

Redruby2020 · 17/05/2022 13:36

dionysoss · 12/05/2022 08:04

Much appreciate it @CherryRipe1 ! Can’t believe they can just you with a section 21 with no legitimate grounds. No wonder people want them abolished. Will look into it!

Yep! That's why landlords love them lol. Section 8 is a bit different as unless they can prove grounds 1-8 of the mandatory reasons that a judge has to evict. Then they would have to have something on you, like behind on rent or anti social behaviour etc.

dionysoss · 17/05/2022 18:28

@Redruby2020 wow, what a scum of a landlord. It’s things like this that make double think somebody landlords stories about nightmare tenant.

You are right, we were told by the homeless prevention officer not to leave before the the eviction date and to stay put until bailiffs come around. It’s as you say, they won’t help if you intentionally become homeless by leaving. Yeah I contacted shelter, housing association and other estate agents. I called our estate agent this afternoon to find out if the landlord had made up his mind on wether he can extend our stay. They said he is still thinking about it

OP posts:
Beefcurtains79 · 18/05/2022 06:44

Why do you need 2 bedrooms if it’s just you guys and a baby? No one gets a two bed on the council if you only have 1 child.

lollipoprainbow · 18/05/2022 07:05

@Beefcurtains79 why?? So children are expected to share a bedroom with their parents ??

CornishGem1975 · 18/05/2022 07:13

And then what happens @dionysoss? You get evicted by bailiffs on a Friday afternoon at 5pm, what are the council going to do about it? What if there's no housing stock available? It's not a position I'd want to put myself in.

Crazykatie · 18/05/2022 07:57

Sitting tight until you are evicted is a strategy with risk and you may have to be housed in B&B for a period but will ensure that you are in the social housing system and have secure affordable housing for the future.
As the OP is pregnant it’s not ideal but you will cope, my first was born in February, so cold we lived, ate and slept in one room with a wood stove for heat.

KevinTheKoala · 18/05/2022 09:44

CornishGem1975 · 18/05/2022 07:13

And then what happens @dionysoss? You get evicted by bailiffs on a Friday afternoon at 5pm, what are the council going to do about it? What if there's no housing stock available? It's not a position I'd want to put myself in.

But what is the other alternative if they can't rent anywhere else before then? Of course it's not a situation anyone wants to be put in but it is one that many people do find themselves in when the landlord suddenly decides to sell up.

CornishGem1975 · 18/05/2022 09:59

I really don't know @KevinTheKoala but making yourself homeless, knowingly, just doesn't seem like a good move to me.

dionysoss · 18/05/2022 10:16

@CornishGem1975 have you not read through the entire bloody thread? OBVIOUSLY ITS NOT AN IDEAL SITUATION, hence why I have contacted everyone else and waiting on the reply from the landlord about a possible extension. If you can’t be bothered to read through the entire situation and have no advice then don’t bother commenting

OP posts:
dionysoss · 18/05/2022 10:18

@Beefcurtains79 i don’t know where she got that from, I sent her an email saying anything will do for the time being.

OP posts:
CornishGem1975 · 18/05/2022 10:23

I have read through the entire thread, yes. And my comment still stands. You don't have to like it of course but there's no need to be aggressive.

It was a genuine ask if you're going to sit it out as people are telling you to do so - what will you do if you are evicted by bailiffs and you CAN'T be housed by the council immediately? I've known plenty of people that has happened to. Do you have a back up plan?

Not sure why asking that would make you so angry.

caringcarer · 18/05/2022 10:29

Where abouts in county are you?

PaddingtonBearStareAgain · 18/05/2022 10:37

Crazykatie · 18/05/2022 07:57

Sitting tight until you are evicted is a strategy with risk and you may have to be housed in B&B for a period but will ensure that you are in the social housing system and have secure affordable housing for the future.
As the OP is pregnant it’s not ideal but you will cope, my first was born in February, so cold we lived, ate and slept in one room with a wood stove for heat.

Yes you might, but you also might be in a B&B for a very long length of time and then moved somewhere else in the country for your accommodation.

Waiting lists where I am are long, even for emergency accommodation.

It very much depends where OP is.

Good luck OP. It isn't a nice situation and I hope you get it sorted

Beefcurtains79 · 18/05/2022 10:54

lollipoprainbow · 18/05/2022 07:05

@Beefcurtains79 why?? So children are expected to share a bedroom with their parents ??

Yes. Most people I know then sleep in the living room once their child reaches a certain age.

dionysoss · 18/05/2022 12:07

@caringcarer I am in Basingstoke and Dean.

OP posts:
dionysoss · 18/05/2022 12:40

@CornishGem1975 For you to ask "what are you going to do then" when I have clearly stated before that we have done everything to make sure we don't end up there. I got in touch with all estate agents in our area and let them know of our circumstances, got in touch with our own current estate agent to help us find a place. Got in contact with the homeless prevention organisation to contact our landlord and we are waiting on him to see if he is willing to extend our stay. We were advise by the officer there that the BEST OUTCOME is to stay there even after eviction date.

There are a few properties to rent in the area, but with my current situation so close to giving birth and starting maternity pay which is barely going to cover a studio, let alone a one bedroom place, especially with current price hike.

You are just rubbing salt in the wound and must lack a sense of self awareness for you to even ask that when this has been discussed in thread.

OP posts:
CornishGem1975 · 18/05/2022 16:31

Okay.

caringcarer · 18/05/2022 18:12

@dionysoss, just thought I'd see if you anywhere near to me as I have a 2 bedroom house coming empty end of month. But you are far away.

dionysoss · 20/05/2022 13:16

@caringcarer That would have really lovely! Thank you!
Hope you find somebody!

OP posts:
Echobelly · 20/05/2022 13:23

I'm sure it's nothing you've done - if they're like most LLs and only own one or two properties most likely they unfortunately just need to release the money from the property for some reason.

Regarding waiting for eviction, that may be your best bet - I don't believe the court part is stressful, I'm not even certain one of you has to appear, it's just it'll go to court and they'll give permission for LL to evict you. It's not some long, expensive thing that will drag on although I presume you may be charged some costs for LL - check with Shelter/CAB. But you may want to weight up if it's better to move ASAP, though I appreciate that's a problem with DP out of work.

tigerbear · 20/05/2022 13:35

Hope you get sorted OP.
The lack of affordable and available housing is scary.
Friend of mine is in a similar situation.
viewed a flat the other day advertised at £1400 per month. First day it went on the market the agent had block bookings, and it actually went for £1800 a month. 2 bed flat.
Its shocking!

CherryRipe1 · 20/05/2022 14:41

Court attendances might have changed with Covid, backlogs etc but a few years ago you did have to attend. The l/l might have an advocate liase with the judge to 'thrash it out'. The possession order will either be okayed by the judge or suspended due to irregularities in procedure and technicalities ie incorrect serving or deposit issues. It can drag on with more court hearings! The council will make you wait up until bailiffs are instructed, although sometimes they don't. Yes, you could wait in temporary bed and breakfast/emergency housing until housing stock becomes available & or the local authority may have private landlords on their books who let via the council who 'take over' the l/ls property and rent it to you. Good luck op.