Section 21 Eviction

8 Posts
4 Users
0 Reactions
3,298 Views
Cj1974
(@cj1974)
Posts: 69
Topic starter
 

Hi there, 

I’m in a terrible state as I’ve just received notice to quit my flat by landlord. I gambled wages recently and was unable to pay rent and I imagine this is the reason I am being evicted. Of course I have not told landlord about these issues but I am worried about my mental health as I am settled in this flat and have brought this on myself unnecessarily. Is there anything I can do 

 
Posted : 6th March 2022 6:48 pm
(@vinnie)
Posts: 561
 

Hi I got a section 21 I rang and spoke to my landlord , They was really helpful had till the court date to sort the arrears out if I remember correctly they was still keeping the section 21 on my file for twelve months incase I fell behind with rent that was a couple of years ago now and my landlord was the council , seek legal advice or speak to your landlord to see what help they can offer 

 
Posted : 6th March 2022 7:16 pm
Cj1974
(@cj1974)
Posts: 69
Topic starter
 

Yea I was wondering whether to fight it or accept it . I’m assuming it’s related to my recent non rent payment. 

 
Posted : 6th March 2022 8:05 pm
(@vinnie)
Posts: 561
 

I would fight it , don’t get me wrong was tough few months to get threw ,

council issued food bank vouchers and pointed me in the direction of free advice and support why getting up to date with my rent I never dreamed that missing one payment would land me in that situation, ring your landlord first thing to see what help they can offer if they ain’t much help find ur nearest citizens advice center to get the help and support you need all the best ?

 
Posted : 6th March 2022 8:12 pm
Forum admin
(@forum-admin)
Posts: 6119
Admin
 

Hi @cj1974

I am sorry you are going through a really tough time at the moment, you are not alone in the way gambling can occupy daily lives for people and cause financial harms. There is plenty of support available to you and you have made a really positive step today by posting your story.

Please feel free to contact the GamCare Helpline on 0808 8020 133 or Netline to explore the additional support available to you. We are available 24 hours a day, 7 days a week if you would like to talk to one of the GamCare HelpLine advisers.

I would encourage you to talk with your landlord.

These are the details for some organisations that can offer free housing advice. 

Shelter

0808 800 4444

Shelter.org.uk

     

Citizen Advice

England 0800 144 8848

Wales 0800 702 2020

Scotland 0800 028 1456

Citizenadvice.org.uk

Helen 

Forum Admin.

 
Posted : 6th March 2022 10:25 pm
slowlearner
(@slowlearner)
Posts: 864
 

Hi cj,

I was in property rental & management until retirement in 2016. Section 8 of a short hold assured tenancy meant that someone was being evicted for rent arrears. Section 21 means that the landlord has honored what he committed to, for example usually a minimum of 6 months of a short hold assured tenancy but doesn't wish to continue.

2 months notice must be given ( before the anniversary of the tenancy agreement ) should the landlord chose not to continue the agreement. So in simple terms if someone moved in on the 21st October 2021 & has a 6 month short hold tenancy agreement ending on the 20th April 2022 the landlord must give 2 months written  notice by the 20th of February 2022 that he intends to take back possession of the property by April. Check the dates because if he's 1 day late in February he must then extend your right to stay until May.

Section 8 ( rent arrears ) of a tenancy can be a long, expensive & drawn out process whereby the landlord tries to recover rent arrears & can become embroiled in a long legal battle which usually proves extremely expensive & instead prefers to write off any arrears & choses section 21 to avoid any long drawn out process. However should you decide not to leave he must therefor apply to the county court for a possession order which would usually be granted & a date will be given when you must vacate the property. 

According to law no landlord can physically put you out of the property & the landlord has to go back to court to have bailiffs instructed to remove you from the property. Should you decide to leave when the landlord asks you to there is no CCJ registered against your name which would impact in the future on your credit score. The advice I have given is based on my experience only until I last worked in property in 2016. I hope this helps.

 

Best

 

AL

 

 
Posted : 7th March 2022 12:48 am
Cj1974
(@cj1974)
Posts: 69
Topic starter
 

@slowlearner I really appreciate that . Would you advise me to talk to agency and try and fight it or accept it and start the process of finding somewhere else to live ? The section 21 gives me 2 months to leave 

 
Posted : 7th March 2022 6:56 am
slowlearner
(@slowlearner)
Posts: 864
 

Hi Cj,

It might well be worth you talking to your agency or landlord. Perhaps they might agree to a payment plan whereby you pay something every month on top of your rent in order to clear any outstanding arrears. If they do agree & you don't keep up with the agreed repayments they can of course issue another section 21.

I wish you well

AL

 

 
Posted : 7th March 2022 8:50 am

We are available 24 hours a day, every day of the year. You can also contact us for free on 0808 80 20 133. If you would like to find out more about the service before you start, including information on confidentiality, please click below. Call recordings and chat transcripts are saved for 28 days for quality assurance.

Find out more
Close