Housing advice please - HotUKDeals
We use cookie files to improve site functionality and personalisation. By continuing to use HUKD, you accept our cookie and privacy policy.
Get the HUKD app free at Google Play

Search Error

An error occurred when searching, please try again!

Login / Sign UpSubmit

Housing advice please

bargainhunter2009 Avatar
7y, 5m agoPosted 7 years, 5 months ago
Ok, me and my daughter been living in private rented and landlord wants to sell the property. Been told that when tenancy ends we can stay for a few months if we dont find anywhere (therfore becoming a statutory periodic tenancy.) However, been told by email today by letting agents that a section 21 notice to quit was served on 2nd may for possession for when my tenancy expires (start august). I have been to council who say they will try to get me into private rented accomodation as they have a list of local landlords who accept housing benefit and that the council will pay deposit etc and they say they can only help once I have been given notice. Is the section 21 notice?. Anyway, I am now wondering what the section 21 notice is. I have received nothing from letting agents or court saying it was applied for or anything, now I am unsure if I can stay after tenancy. If my tenancy becomes a statutory periodic tenancy then I know my landlord must give me 2 months notice, but it has thrown me a bit now with this section 21 notice. Any help gratefully received.
bargainhunter2009 Avatar
7y, 5m agoPosted 7 years, 5 months ago
Options

All Comments

(24) Jump to unreadPost a comment
Comments/page:
#1
phone the landlord...ask them whats happening...
phone the council...ask them whats 'meant' to happen, ask if what is happening (the section 21 notice) is normal, and what you are meant to do from now on and when.
Seems a ery confusing situation, the best way is prob just to ask the people who are meant to know whats hapening to explain it to you...good luck!!!!
[mod] 1 Like #2
Hi

We had a similar problem a few years ago; and we contacted Shelter. They looked into it all (contracts etc) and their legal department wrote to us with the law. No idea what section 21 is though I'm afraid.

Contact Shelter http://england.shelter.org.uk/ (I've guessed you are England, but they have different links for the rest of the UK)

Good luck

andywedge
#3
lil_tiger
phone the landlord...ask them whats happening...
phone the council...ask them whats 'meant' to happen, ask if what is happening (the section 21 notice) is normal, and what you are meant to do from now on and when.
Seems a ery confusing situation, the best way is prob just to ask the people who are meant to know whats hapening to explain it to you...good luck!!!!


Thanks, letting agent being really pathetic. I sent them an email asking whats happenning and they replied "seek legal advice".
#4
andywedge
Hi

We had a similar problem a few years ago; and we contacted Shelter. They looked into it all (contracts etc) and their legal department wrote to us with the law. No idea what section 21 is though I'm afraid.

Contact Shelter http://england.shelter.org.uk/ (I've guessed you are England, but they have different links for the rest of the UK)

Good luck

andywedge



Thanks, will call them. Yes I am in England. Just called - recorded msg - busy etc. Will call back in a bit
banned 1 Like #5
section 21 is your notice to leave
#6
bargainhunter2009
Thanks, letting agent being really pathetic. I sent them an email asking whats happenning and they replied "seek legal advice".


Oh not very helpful then! Would just go with AW's advice....hope you manage to sort everything
banned#7
also thought it had to be give by post or by hand
#8
sassie
also thought it had to be give by post or by hand


Thats what I thought, they have given me nothing other than an email from the letting agents today.
1 Like #9
Here is about section 21 for you

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

Hope things work out well for you :)
#10
amcol
Here is about section 21 for you

http://www.tenancyagreementservice.co.uk/section-21-notice-to-quit.htm

Hope things work out well for you :)


Thank you for that :)
#11
bargainhunter2009
Thank you for that :)


Your welcome :thumbsup:
#12
Been trying to call Shelter, still cant get through. I am getting really worried where the 2 of us will be living soon!
1 Like #13
Hi, Many years ago we had a similar situation, we were in rented saving for a deposit to buy a house. We'd been on a rolling 6 month tenancy and were given notice to quit at the end of our tenancy (given 1 months notice) as the landlord wanted the property for his nephew. In the end we got nowhere and had to move out when they requested. I hope you have better luck than we did - all the best, I know it's not nice when everythings so unsettled.
#14
Thanks everyone! Spoke to Shelter, who will really helpful. It appears that my landlord/letting agent SHOULD have given me a notice to quit (section 21 notice) but they havent. Apparently, most landlords dont apply for it in this situation as it costs the landlord money and he would rather I would just leave.
#15
Can't you just find somewhere new to live?
1 Like #16
My last property was a private rent, managed with a letting agent. The landlady decided to sell the property, so the letting agents popped my 2 month notice letter through my door. I spoke to the council about what would happen etc, and they informed me that although the landlady has said you have to be out on X date, you DONT have to go then if you havent got anywhere to go to. What they told me I had to do was basically let the landlady apply to the courts to get me out, which takes more time, and when I had the court order through giving me notice I had to leave, then the council would find emergency accomodation.

HOWEVER, and this is a big however, if you decide to leave the property on the date given to you by the estate agents, without your landlord going to the courts to get you out, my council informed me that as you haven't fully exercised all of your rights as a tennant, by leaving the property before you legally have to, then you have intentionally made yourself homeless and they don't have to treat you as a priority. I don't know if this is the same as with your council, but that is what mine told me.

As it was, I was offered a housing association place that I could move into after only 3 weeks past the landlords notice, so it didn't get that far with me. Hope something turns up for you :thumbsup:
#17
pghstochaj
Can't you just find somewhere new to live?


I am trying to find somewhere, but I am on housing benefit and no where accepts it. Also, with letting agency fees and deposit etc not sure I can afford it - I will get my deposit back from where I live now but it takes time to get it back and I wont have it in my hand to get somewhere else. I have been looking, a LOT!!!! but cant find anything suitable.
#18
Charlie&Lola
My last property was a private rent, managed with a letting agent. The landlady decided to sell the property, so the letting agents popped my 2 month notice letter through my door. I spoke to the council about what would happen etc, and they informed me that although the landlady has said you have to be out on X date, you DONT have to go then if you havent got anywhere to go to. What they told me I had to do was basically let the landlady apply to the courts to get me out, which takes more time, and when I had the court order through giving me notice I had to leave, then the council would find emergency accomodation.

HOWEVER, and this is a big however, if you decide to leave the property on the date given to you by the estate agents, without your landlord going to the courts to get you out, my council informed me that as you haven't fully exercised all of your rights as a tennant, by leaving the property before you legally have to, then you have intentionally made yourself homeless and they don't have to treat you as a priority. I don't know if this is the same as with your council, but that is what mine told me.

As it was, I was offered a housing association place that I could move into after only 3 weeks past the landlords notice, so it didn't get that far with me. Hope something turns up for you :thumbsup:


Thanks, as I cant find anywhere I think I will need the councils help
1 Like #19
bargainhunter2009
Thats what I thought, they have given me nothing other than an email from the letting agents today.


Ask for a copy of the S21, and a copy of the proof of posting if they have one.
If they haven't, tell them that you weren't served.

When I serve S21's, I send two from different P.O's by first class mail with proof of posting.
#20
thesaint
Ask for a copy of the S21, and a copy of the proof of posting if they have one.
If they haven't, tell them that you weren't served.

When I serve S21's, I send two from different P.O's by first class mail with proof of posting.


Thanks, I have sent them an email saying I did not received it and asked when it was sent/served on me. I think they havent even applied for a s21
#21
bargainhunter2009
Thanks, I have sent them an email saying I did not received it and asked when it was sent/served on me. I think they havent even applied for a s21


They don't have to apply for a S21, it's a really basic letter that gives you notice.

Make sure that you weren't actually served at the same time as taking out your tenancy, this is a regular practice too.
1 Like #22
Charlie&Lola;5571076
My last property was a private rent, managed with a letting agent. The landlady decided to sell the property, so the letting agents popped my 2 month notice letter through my door. I spoke to the council about what would happen etc, and they informed me that although the landlady has said you have to be out on X date, you DONT have to go then if you havent got anywhere to go to. What they told me I had to do was basically let the landlady apply to the courts to get me out, which takes more time, and when I had the court order through giving me notice I had to leave, then the council would find emergency accomodation.

HOWEVER, and this is a big however, if you decide to leave the property on the date given to you by the estate agents, without your landlord going to the courts to get you out, my council informed me that as you haven't fully exercised all of your rights as a tennant, by leaving the property before you legally have to, then you have intentionally made yourself homeless and they don't have to treat you as a priority. I don't know if this is the same as with your council, but that is what mine told me.

As it was, I was offered a housing association place that I could move into after only 3 weeks past the landlords notice, so it didn't get that far with me. Hope something turns up for you :thumbsup:


this is true - a section 21 is a notice to quit but you do not have to go on that date - after the date is up the landlord will ask the court to evict you - this will give you a bit more time - you will have to attend court and give your reasons for not leaving and so will the landlord as to why he wants you out - the judge will then give another date for you to move out by - again you do not have to leave - the landlord will contact the court bailiffs to enforce the eviction and another date will be given on when the bailiffs will come and physically evict you - only at this time will the council do anything for you because only at this time are you not doing something to make yourself homeless (ridiculous i know but they say until that time if you leave you are making yourself homeless) at each stage you must go to your council and let them know what is happening - they will contact the homeless section and they will give you details of private renting - please be aware that this is going to cost you money because the courts will charge you for the courts time - you will not be able to get this money from the council to pay it - the majority of the landlords that they give you will charge you for references and ask for a deposit - the council will offer you a way of getting a loan to pay for these things - once you become homeless in their sense of the word only then will they put you in a hostel of some kind - but at least then you become part of the top priority to be housed - this doesnt mean they will get you somewhere quick but at least your housing priority will change - also please be aware that they will want to know the ins and outs of your financial situation and will see if you can borrow money from relatives or friends to pay costs etc if you state that you cannot afford private renting - the whole process is very upsetting and unsettling - and very costly in both time and money - hope you get things sorted
#23
thesaint
They don't have to apply for a S21, it's a really basic letter that gives you notice.

Make sure that you weren't actually served at the same time as taking out your tenancy, this is a regular practice too.


Ah you have me thinking there, I was given something when I renewed this this tenancy - I will have to hunt it out as I dont think I have it! Thanks
#24
sn0ttyang3l
this is true - a section 21 is a notice to quit but you do not have to go on that date - after the date is up the landlord will ask the court to evict you - this will give you a bit more time - you will have to attend court and give your reasons for not leaving and so will the landlord as to why he wants you out - the judge will then give another date for you to move out by - again you do not have to leave - the landlord will contact the court bailiffs to enforce the eviction and another date will be given on when the bailiffs will come and physically evict you - only at this time will the council do anything for you because only at this time are you not doing something to make yourself homeless (ridiculous i know but they say until that time if you leave you are making yourself homeless) at each stage you must go to your council and let them know what is happening - they will contact the homeless section and they will give you details of private renting - please be aware that this is going to cost you money because the courts will charge you for the courts time - you will not be able to get this money from the council to pay it - the majority of the landlords that they give you will charge you for references and ask for a deposit - the council will offer you a way of getting a loan to pay for these things - once you become homeless in their sense of the word only then will they put you in a hostel of some kind - but at least then you become part of the top priority to be housed - this doesnt mean they will get you somewhere quick but at least your housing priority will change - also please be aware that they will want to know the ins and outs of your financial situation and will see if you can borrow money from relatives or friends to pay costs etc if you state that you cannot afford private renting - the whole process is very upsetting and unsettling - and very costly in both time and money - hope you get things sorted



Thank you very much. Rep to everyone :)

Post a Comment

You don't need an account to leave a comment. Just enter your email address. We'll keep it private.

...OR log in with your social account

...OR comment using your social account

Thanks for your comment! Keep it up!
We just need to have a quick look and it will be live soon.
The community is happy to hear your opinion! Keep contributing!