Remaining in situ as a tenant beyond a section 21 notice

[Vexr]

I've received a two month section 21 notice on my property, which I've been living in for many years.

This has brought forward our plans for moving. I was looking forward to remaining in situ with a 3 year energy deal established in 2021 until 2024.

I'm in the fortunate position where I'm now looking at purchasing property as a cash buyer while this Section 21 counts down on us.

I'm wondering what the actual damage will be staying beyond our section 21 end date will be. We're cash buying our next property as soon as we can find something that isn't crap and overpriced in this market.

It looks like a negative reference is nothing to worry about for us. We're wondering about taking it 'to the edge' against our landlord and contesting the section 21. What are the downsides of doing so versus surrendering our property in two months?
Looks like our landlord miscalculated doing a section 21 on us rather than hike our rent / have a frank discussion about what's happening with the property.

From what little I've read, sounds like we may as well remain in situ, paying rent, while we pursue a home purchase at our leisure.

 

[[FnG]magnolia]

I assume you've read this cheeky citizens advice link

 

[delta0]

A negative reference. Also the owner will likely start court proceedings. These will stop of course when you move out. As long as you move out soon after it should be ok.

 

[Vexr]

Sounds like we should start withholding rent

 

[Vexr]

To avoid notice of accelerated possession, therefore drawing notice out to the max

 

[Tesla]

Have you considered making the landlord an offer to purchase your rental? Assuming it’s what you’re after.

 

[Surveyor]

Sounds like we should start withholding rent

To avoid notice of accelerated possession, therefore drawing notice out to the max

The landlord can apply for an accelerated possession order and then make a separate court claim for the rent arrears.

 

[~Divine~Wind~]

Have you considered making the landlord an offer to purchase your rental? Assuming it’s what you’re after.

@Vexr This is a decent shout and might prevent a fair bit of hassle

 

[Lyle44]

As others have said likely ramification is negative reference, I'd also suggest recommend not withholding rent as (afaik) the landlord could claim damages.

Have you checked the S.21 notice is valid? See: How to check S21 notice valid
Landlord Gas & Electric checks up to date? Deposit protected?

Of course, the notice doesn't require you to move at all, just a notice of the initial process of intended repossession.
Not sure how long the current court backlog is now to obtain the application, but was upto 6 months during covid

 

[Haggisman]

Have you considered just discussing the matter with the landlord and explaining your position? He might be open to some flexibility if he's aware you're going to be moving out soon anyway, avoiding any needless hostility and potential legal action.

 

[Semple]

General advice always seems to be to continue paying your rent.

I would also seriously think of a backup plan. The fact that you've mentioned you're still looking at a property, and want one that's not overpriced - means you might need to adjust your expectations on what's realistic. What do you do when your landlord is eventually given a repossession order and your purchase still isn't complete, you'd effectively be made homeless.

Either way, time is not on your side. After covid the courts did say they had a backlog of many months which was delaying repossession orders, I don't know how much they've caught up with now, but realistically you need to consider that this could be down to a few months now. So unless you've got an agreed offer in the next few weeks I would seriously make a backup plan.

 

[sovietspybob]

Yeah be careful of the whole overpriced thing, i've known people who spent ages faffing around trying to find somewhere that wasn't overpriced in their eyes and ended up wasting so much time the market moved on and they had to pay even more in the end to get something.

Houses are indeed ludicrously expensive but you need to be realistic in what your money will actually get you especially as it seems time is really not on your side so i don't think you can afford to be too picky, i'd have thought you'd need to be putting offers in within the next few weeks or risk it all going pear shaped for having a roof over your head as even a quick cash sale can be 3+ months from an offer to moving in, easily a lot longer.

 

[Maundie]

I'm wondering what the actual damage will be staying beyond our section 21 end date will be. We're cash buying our next property as soon as we can find something that isn't crap and overpriced in this market.

Good luck with that, I cannot see house prices coming down in the foreseeable future, in fact due to demand I can only see them going up

 

[a1ex2001]

Yeah be careful of the whole overpriced thing, i've known people who spent ages faffing around trying to find somewhere that wasn't overpriced in their eyes and ended up wasting so much time the market moved on and they had to pay even more in the end to get something.

Houses are indeed ludicrously expensive but you need to be realistic in what your money will actually get you especially as it seems time is really not on your side so i don't think you can afford to be too picky, i'd have thought you'd need to be putting offers in within the next few weeks or risk it all going pear shaped for having a roof over your head as even a quick cash sale can be 3+ months from an offer to moving in, easily a lot longer.

This, everyone I know who has been waiting for something ‘not over priced’ has ended up wasting 1-2 years plus and been left facing the reality that they can now only just afford something that 2 years previously they wouldn’t have even considered!

 

[~Divine~Wind~]

There is no overpriced now really

Simply what people are willing to Pay

You offer what you feel for a property and hope someone doesn't outbid, sellers market atm

 

[darael]

Sounds like we should start withholding rent

Your guarantors will love you for this.

You might need a ‘guarantor’ so you can rent a place to live. A guarantor is someone who agrees to pay your rent if you don't pay it, for example a parent or close relative.

If you don’t pay your landlord what you owe them, they can ask your guarantor to pay instead. If your guarantor doesn’t pay, your landlord can take them to court.

Your landlord might want to check your guarantor is able to pay the rent in the same way they've checked your ability to pay. For example, by carrying out a credit check.

There is a legal requirement for a guarantee agreement to be in writing. The agreement sets out the guarantor's legal obligations.

Using a guarantor - Citizens Advice

 

[drakulton]

Do you have any spiders?

 

[~Divine~Wind~]

@Vexr did you speak to the landlord about it?
Are they selling up?

 

[Voltar]

Why don’t you come to an agreement with your landlord to stay X months and then leave without going to court?

 

[danlightbulb]

If you refuse to move out then landlord has to take you to court which would take at least another 3 months surely.