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Eviction Time Frame

15 replies

champingbit · 30/07/2021 15:25

I wondered if anyone might be able to advise.
We are currently renting after moving areas. Our plans to buy have been delayed by the pandemic and some health issues. The landlord now appears to be making moves to sell the property and has asked when we intend to give notice. He was apparently under the impression that we were likely to stay a certain approximate period when we took the house initially (it was mentioned to the EA in passing at the time) but now our plans have altered as above. We've always paid the rent on time and have had an amicable relationship with the landlord.
I will obviously communicate with the landlord and explain the change in circumstances but I wondered what the worst case scenario might be. It appears, from a google, that they need to submit a section 21 to give 4 months notice and the apply to a court to evict us. Does anyone know how long this is likely to take and what the process is like for tenants? It's quite stressful to think of being evicted from your home and I really feel for people who have this pressure regularly without any security.
Moving into another rental property for 6 months and then moving again really isn't an option as we have a large family and lots of furniture so we need to stay here until we are ready to buy.

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Africa2go · 30/07/2021 15:58

I think you're being naive to think that your unwillingness to move out, just to suit your circumstances whilst you wait for a property to buy, trumps your landlords desire to sell the property on. If the landlord does have to go to the hassle of Court proceedings and ultimately a bailiff, you'll have to pay all of the landlords legal costs on top of the rent. If you don't, it will affect your credit rating / mortgage etc. If you are evicted, and it doesn't suit your timescales, what happens then? Where will you go if you're still not ready to buy?

champingbit · 30/07/2021 16:20

I do think our circumstances trump the landlord actually as he has another house to live in and we don't. He never mentioned his plans to sell the property to us initially. The property market is pretty terrible at the moment with very little to buy or rent. Anyway, who trumps who is not really the point.
Why is it that you are saying we would have to pay all the landlord's costs? Is this legally correct? Why would our credit rating be affected when we have always paid the rent on time?
Obviously we hope not to go down this route and hope to find an amicable agreement.

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lastqueenofscotland · 30/07/2021 16:21

If you get evicted it will completely affect your credit rating!
And yes you would likely be ordered to pay the landlords legal costs.
Timescales depends on the local courts.

Shmithecat2 · 30/07/2021 16:25

What's the initial period of your tenancy?

alphabetllama · 30/07/2021 16:30

Well of course the landlord "trump's" you as he owns the house...
Morally it's upsetting but legally you do not have a leg to stand on

champingbit · 30/07/2021 16:34

Initial term was 6 months.

It's odd because the information I have been able to access online says that eviction does not damage credit rating unless you are in rent arrears/ cause damage to the property. Neither of these apply. We have always paid the rent on time and been reliable tenants.

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champingbit · 30/07/2021 16:43

@alphabetllama

Well of course the landlord "trump's" you as he owns the house... Morally it's upsetting but legally you do not have a leg to stand on
Yes, I understand that. It's a real shame that tenants have such poor levels of security in the UK unlike European countries.
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Livingintheclouds · 30/07/2021 16:45

Just to add the four months notice period will go down to the normal two months in October.

Dazedandconfused10 · 30/07/2021 16:48

Its 4 months til he can take you to court. So he couldn't start proceedings before the 4 months is up, the notice to vacate is telling you if you don't vacate he can take you to court. Not you must be out by this date

champingbit · 30/07/2021 16:52

Sorry to not be fully clear, we haven't had any notice issued. We usually communicate on WhatsApp and he is simply asking when we might be leaving as he wants to sort out the house and was expecting us to be here for x period. I think it may well be to sell.
No notice yet. I will be replying to him later. He has always been polite and reasonable and so have we.

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ThreeFeetTall · 30/07/2021 17:03

@lastqueenofscotland

If you get evicted it will completely affect your credit rating! And yes you would likely be ordered to pay the landlords legal costs. Timescales depends on the local courts.
I'm not sure- if it's just a possession order with no money judgement then I'm not sure it would affect credit history. Not that this makes it a good idea though!
WombatChocolate · 30/07/2021 19:37

The fact that the LL owns the property does not 'trump' the rights of the tenant. Both have legal rights and there are processes for both to give notice that have to be stuck to.

When a property owner becomes a LL, they know, or should know their obligations re tenants and the issues of selling. They should know that it isn't possible for a LL to quickly decide to sell and offload a property with a tenant in it. The fact they own the property is not the issue, but the fact they have a tenant with legal rights is the issue....and if they aren't prepared to accept at, they shouldn't rent.

So a tenant has a contract. Contracts don't just expire, as people might imagine. A 6 month contract doesn't mean the tenant needs to be gone in 6 months...it is a starting point. A LL needs to give notice according to the law, and the contract establishes when the first point notice can be given and how much must be given. So at the moment, 4 months notice can be given once a contract is at the right point for that to be acceptable....in a 6 month contract, that would probably be only after 2 months have lapsed. In a years contract, it would probably be at the 8 month point. However, if notice isn't given, the contract will become periodic and rollover and that notice of 4 months (or whatever is legal at that point) will be required.

It is not unreasonable for the LL. Just because they own the property doesn't mean the tenant who pays for their home should be able to be sent packing within unspecified short time frames. You pay rent for a home and a level of security.

If a tenant does not vacate within the notice period, then a LL can start legal proceedings to evict. Again, there are timescales and procedures which must be followed and can finally result in a court order for bailiffs to evict. It can take a year. Most tenants do not need evicting and vacate when given notice, but some won't....sometimes becaue they don't have anywhere else to go.

So, back to selling......solicitors always tell buyers not to look at or offer on tenanted properties unles they are LLs wanting to let with the current tenant. The reason not to view or offer is that there is no way of knowing when a property will actually be vacant. A mortgage company will not release finds and exchange cannot happen until the property is vacant. It is impossible to know if a tenant will vacate or if they will still be there in a year.

The problem is some LLs are greedy. They hope to earn rent whilst marketing and selling the property. In reality, LLs need to give notice and wait until their property is vacant X before marketing and selling. That means there will be a period with no rent.....but they should know that when they choose to be a LL and have to accept that void period as just one of the parts of being a LL. Some though do try to market and sell with tenants in situ. Sometimes they haven't even given formal notice (currently 4 months) and so the naive buyer who ignores solicitor advice and views and offers can then find that they are looking at notice not having been issued, 4 months still being needed, plus the uncertainty of whether a tenant will go.

And then there are lots of threads on MN with buyers feeling cross that tenants 'won't go'. These people don't realise that the tenants are fully entitled and legally protected in being in the property right until the end of their notice period. They are fully legally entitled to not even be able to delivered notice until their contract allows it. And then if they choose not to vacate,not hey are fully entitled to the process of law about eviction which can take months. It is no good buyers getting cross with tenants who are simply having the legal rights they are entitled to.

The people they should feel cross with are the LL owners who are greedily marketing tenanted properties and also with themselves for not gaining a proper understanding if the issues with tenanted properties.

Quite simply, don't view or offer in tenanted properties unless you want to be a LL to those tenants. And if you're a LL, don't try to market the property until it is vacant.

FawnFrenchieMum · 30/07/2021 19:53

The notice is 4 months as you have said, if you are still there at the end of that time, they then need to apply the court for an eviction date, if they do this you will be liable for all their costs. That is legal and correct. It won’t effect your credit rating unless you refuse to pay the costs and they apply for money order, which then results in a CCJ.

The back log for evictions is massive at the minute due to the eviction ban during covid. Anyone owing rent will be prioritised. However you are better trying to keep on good terms and advise your landlord you will leave as soon as you find a property to buy.

For full advice and to read up on your rights etc have a look on the landlord zone forums. They are happy to help both tenants and landlords.

Aknifewith16blades · 30/07/2021 20:08

OP, have you thought about buying the house you are renting? Might be worth considering if there is little to buy.

champingbit · 31/07/2021 12:55

Many thanks for the helpful information @WombatChocolate and @FawnFrenchieMum.

@WombatChocolate-I definitely wouldn't consider purchasing a tenanted property. It's absolutely right that the tenant has rights, it's their home. Renting seems to be so much more popular in various European countries because if is secure and protects the tenant. I think this is right unless there is non payment of rent, deliberate damage, etc

@Aknifewith16blades- It isn't in the ideal area for us but worth considering.

I have messaged the landlord already so will see what he says.

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