Getting evicted court fee question thx

GothicGhost said:
What do you mean ?

The only thing we have not done is moved out before the 2 months is up.
But we have not been able to get somewhere yet.
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Not been able to? Or not been bothered...

If the landlord has really been that bad, why are you still there, especially after waiting for repairs for 2 years?!

Unless you are paying WAY below market rent, I wouldn't even entertain the thought of lining some cowboy's pockets for any longer than I absolutely had to, both on principle and the obvious not wanting to live in a ****hole...
 
Its over upon receipt of a section 21, his options are pretty much limited to claiming hardship and a judge may grant a short extension to stay. If it gets before a judge and his section 21 is in order and you can't claim hardship then expect to be;

A. Be evicted.
B. Be liable for costs.

Get a move on finding somewhere else to live.
 
Participant said:
Staggering that you now nonchalantly mention that he'd already given you notice having bizarrely missed this key piece of information out of your op.

So basically :

- He gave you two months' notice
- You ignored this and failed to move out
- He's issued you with an eviction order
- You're trying to use his sketchy maintenance regime against him to avoid the fee for the eviction notice you ignored?

I'm not an expert, but I'd be amazed if his perceived lack of 'fixing things' was justification for you not moving out. Prepare to pay up imo. Feel sorry for the landlord really, bums squatting in my residence and now I've got to go to court because they won't move out.
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This basically. Regardless of what he's done wrong, you're now squatting and the courts will treat it as such.
 
There are a lot of opinions being thrown around as fact in this thread. JBuk's is the only credible reply.

A section 21 is a Notice Requiring Possession not an eviction order. It means the landlord can apply for possession of the property after the expiry date of the notice, provided it has been served correctly.

It's not squatting if you're still paying rent.
 
gambitt said:
There are a lot of opinions being thrown around as fact in this thread. JBuk's is the only credible reply.

A section 21 is a Notice Requiring Possession not an eviction order. It means the landlord can apply for possession of the property after the expiry date of the notice, provided it has been served correctly.

It's not squatting if you're still paying rent.
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How it reads on the gov.uk site is that if it's been served correctly and the tenant fails to move out then the landlord can request a court date for possession. Isn't this what the landlord has done in this case?

Whether it's been served correctly or not is another matter!

"Do I need to use a special form to give notice to my tenant?

No, if you are using Section 21 you do not need to use a special form but you must give at least 2 months’ notice in writing. If the fixed term has expired the notice must end on the last day of the rental period and you must explain that you are giving notice by virtue of Section 21 of the Housing Act 1988. You will need to give more than 2 months’ notice if the fixed term has expired and the gap between the dates that the rent falls due is more than 2 months (eg a quarterly rent)."

As others have stated though, even if he is in the wrong, you sound like you'd be better off living somewhere else anyway! No point in fighting just for the principle.
 
GothicGhost said:
Hello all.

The story is we was chasing the landlord for repairs needed to the house but nothing ever happened.

Got onto the council and after 2 years they give him a final warning sort of thing to do the repairs or they will deal with him.

That weekend the landlord was to come round with a plumber and start sorting things out.

Instead that day we got a section 21 eviction notice and told we would have to pay court fees if we don't more and he has to go court.
He did say he would carry on with the repairs until we leave but only two easy things have been fixed month ago.

So my question is can I fight to not pay the fee as he don't nothing to the house and only when the council forced him for repairs we get the eviction notice.

Thank you for any advice.
Cheers.
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Ok section 21 is just a notice to leave there are no powers behind that you have a few good months before he'll go to court, dont leave wait till you get a court order then go to the council with it to get help. The fees you'll pay are around £200 max but well worth it if you get cheaper council rents. So dont move out and keep a record of everything, he cant force you out.
Once you go to court make sure you check all 3 deposit companies, if he hasn't put it in then it starts all over again.
 
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http://england.shelter.org.uk/get_a...tenants/eviction_of_assured_shorthold_tenants

A Section 21 notice served by a landlord who has failed to use a government-backed tenancy deposit scheme to protect your deposit or has failed to give you the required information about the scheme used will not be valid.


However I suggest you hurry up and find somewhere, as lets face it, this isn't going to end well and once your working relationship with your landlord is broken, then things will only get worse.
 
But it's not "over". If the landlord issues a S21 he's merely stating that he intends to apply for possession after that date. He may not apply for possession. If rent is still being paid he may let sleeping dogs lie.

It's not "over" until a judge grants possession.

I don't condone unscrupulous tenants who abuse their rights, but by the same token vindictive landlords should tread carefully. This is assuming that the OP has been a good tenant, paid rent on time etc. If it is a case of the landlord kicking him out because he complained about him to the council, then I agree with telling him to get stuffed.
 
Its semantics, section 21 notice to quit is a pretty good indicator that your landlord wants possession back and your tenancy is at an end. If upon receipt of a section 21 you suspect its not vlid, then is the time to act, not after the date has passed, regardless you're on borrowed time that would gain you 8 more weeks. Ultimately section 21 tells you its time to start looking, there are obviously times where the notice is longer ie within the assured period but even then you know its coming.

I conceed that you can stay beyond the S21 date if no court order is applied for and youre still paying rent, but why would you, you're at huge risk of being evicted at extreme short notice.
 
Don't get me wrong we was looking it was just a case of bad timing and other problems.
We got offered a place to rent from a friend today that is available in a week or two so we are happy about.

Thank you all for you help and advice.
 
Participant said:
Staggering that you now nonchalantly mention that he'd already given you notice having bizarrely missed this key piece of information out of your op.

So basically :

- He gave you two months' notice
- You ignored this and failed to move out
- He's issued you with an eviction order
- You're trying to use his sketchy maintenance regime against him to avoid the fee for the eviction notice you ignored?

I'm not an expert, but I'd be amazed if his perceived lack of 'fixing things' was justification for you not moving out. Prepare to pay up imo. Feel sorry for the landlord really, bums squatting in my residence and now I've got to go to court because they won't move out.
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This !!!
 
Participant said:
Staggering that you now nonchalantly mention that he'd already given you notice having bizarrely missed this key piece of information out of your op.

So basically :

- He gave you two months' notice
- You ignored this and failed to move out
- He's issued you with an eviction order
- You're trying to use his sketchy maintenance regime against him to avoid the fee for the eviction notice you ignored?

I'm not an expert, but I'd be amazed if his perceived lack of 'fixing things' was justification for you not moving out. Prepare to pay up imo. Feel sorry for the landlord really, bums squatting in my residence and now I've got to go to court because they won't move out.
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This, hes a rectal orifice of a landlord and your a lazy bum basically. He should be looking after the properties upkeep but isnt, he wants you out but you cant be arsed to move and want to try and find some way of forcing his hand.

Seems like you succeeded but not in the way you wanted. Move and find another place and save yourselves and him a whole lot more grief.

My general experience with 10 landlords since leaving home at 18 is that they are all scumbags despite me looking after their houses and paying them promptly.
 
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