Section 21 possession hearing on Monday - Please help

[Juniper55]

I am desperately worried about the court case I will be attending this Monday morning, I have done hours of research on this very helpful forum and I have come to realise because I am over two months behind with my rent that the Judge will have no choice but to grant possession as the landlord has issued a Section 21 notice. There is no way I can pay this off before Monday.

 

So I am desperately looking for anything I can do to prevent this, I realise I am clutching at straws however as I cannot afford to move into a new home at the moment so I have to try.

 

So if anyone could help me with any the following points I would be very grateful:

 

To begin with I am trying to find any fault / mistake on the Section 21 notice as I have read that any mistakes or typos could delay proceedings.

 

The Solicitor for the Landlord has not put the Landlords correct address on the form, he lives in France and they have used the agents address is this okay?

 

I read this on another forum regarding the dates on the Section 21 notice:

 

‘The date served is NOT from the date the Notice is issued but the date the tenant is deemed to have received the Notice. As an example if delivered by hand to the property after 5 pm it will need to be dated the next day.’

 

The date on the notice is the date it was posted to me – 28th, the Court documents have an attached Certificate of Service (The solicitor saying that it was posted via first class mail) and it says ‘The date of service is therefore deemed to be 30th Etc.

 

Is the above okay or should the date on the Section 21 notice be the 30th?

 

Additionally I have read that because he is using the Section 21 then any claims I have against the Landlord will not be heard/be relevant and that this only occurs under a Section 8 process, therefore am I right in thinking that he will basically be granted possession on Monday and that the only thing to be determined will be the time I am given to move out?

 

I ask this as I successfully had the case adjourned and in my letter to the Court I mentioned the following:

 

(Please note I originally rented the property in 2005)

 

I have had to endure a leaking roof from the date I moved in, despite repeated requests this has not been looked at, never mind fixed.

 

The door has been hanging off in the kitchen from the date I moved in, despite repeated requests this has not been looked at, never mind fixed.

 

The property came with the services of a gardener and this service was stopped in the Spring of 2006, I was promised a new gardener however to date one has not turned up. I wrote to the agents saying that I was paying for this service and if it is stopped I should have a reduction in my rent, I was told unceremoniously to forget it!

 

In March 2007 the Landlord sold part of ‘my’ garden to my next door neighbour, this ended up destroying a beautiful approx 20ft long flower bed I had created in the garden. I then had to endure 3 months of the builder from hell, I had no privacy at all in the garden for these 3 months.

 

Incidentally the only way I found out about this is when the builder commenced his destruction of ‘my’ flower bed.

 

Following this the builder then started to be very rude and abusive and I had to call the Police, this horrible situation carried on for 10 months and basically the stress caused me problems with work and life in general. During this time I wrote both to the agents and the landlord about further damage to the property and never had a single reply, in the end I was advised to write to them telling them that I would not be held responsible for any damage caused to the property.

 

The driveway has concrete flags on it and has suffered subsidence, several flags are at all angles and I worry about a friend tripping over them in the dark. Once again I wrote to the landlord about this April 2007, to date nothing has happened.

 

I could go on however I am worried that this post is already to long, I am just so upset by everything.

 

As the Court saw fit to grant me an adjournment does this mean that any of the above may have a bearing on the outcome? Does anyone think I may get a suspended possession order even though it is a Section21 and I am more than two months behind with my rent? Additionally I will be able to bring the rent up to date in 2/3 weeks time and plan to tell the Judge this at the hearing.

 

Apologies for the length of this post and if anyone can help with any of these questions I would be very grateful.

[Guest Alison82]

Bump

[Esio Trot]

Despite a quite long post, you have omitted some important facts.

 

You say that the s21 notice was deemed served on 30th, and query if this is correct. Then you have neglected to say the exact dates of the tenancy agreement and how often the rent is paid, plus the date the s21 expired. Without this information nobody can say if the notice is correct or not.

 

It is a no-fault possession claim, simply based on the fact that the tenancy has expired and the relevant notice has been correctly completed and served to regain possession. Therefore faults with the property and rent arrears are of no relevance.

 

The hearing is simply to ensure that the correct procedures have been followed. If they have the judge has no discretion - a possession order is mandatory to take effect no later than six weeks from the date of the hearing.

[Juniper55]

Alison thanks for the bump.

 

Esio Trot, thank you for your reply...

'You say that the s21 notice was deemed served on 30th, and query if this is correct. Then you have neglected to say the exact dates of the tenancy agreement and how often the rent is paid, plus the date the s21 expired. Without this information nobody can say if the notice is correct or not.'

 

Perhaps I have not made it clear, I have discovered that simple errors entered on an s21 notice can make it invalid - as I said clutching at straws...

 

However from what I have discovered a simple mistake can make the s21 null and void.

 

And I asked several questions in this regard:

 

1. The Solicitor for the Landlord has not put the Landlords correct address on the form, he lives in France and they have used the agents address is this okay?

 

2. I read this on another forum regarding the dates on the Section 21 notice:

 

‘The date served is NOT from the date the Notice is issued but the date the tenant is deemed to have received the Notice. As an example if delivered by hand to the property after 5 pm it will need to be dated the next day.’

 

The date on the notice is the date it was posted to me – 28th, the Court documents have an attached Certificate of Service (The solicitor saying that it was posted via first class mail) and it says ‘The date of service is therefore deemed to be 30th Etc.

 

Is the above okay or should the date on the Section 21 notice be the 30th?

 

So I am asking are these 'errors'? Have they filled out the form incorrectly?

 

 

1. Landlord incorrect address?

 

2. Wrong date?

 

What do you think?

 

And thanks so worried at the moment - trying my best.

[Esio Trot]

So I am asking are these 'errors'? Have they filled out the form incorrectly?

 

1. Landlord incorrect address?

 

2. Wrong date?

 

What do you think?

 

1. Address has to be one in England or Wales. It is simply an address for service. It is valid.

 

2. I see no problem here. The s21 must be signed and dated the day it was signed. It then gets served, and there is a laid out court policy on calculating the date of service. The certificate of service follows this and is correct.

 

The date of deemed service is key. That is why I asked for the tenancy details. There might be an error here.

 

Lastly there are two types of s21. Which one is quoted in the form?

[Juniper55]

Esio Trot thank you for your reply

 

'The date of deemed service is key. That is why I asked for the tenancy details. There might be an error here.

 

Lastly there are two types of s21. Which one is quoted in the form?'

 

I think I may know where you are going with this, every year up until the last year I paid the agents (a £75.0 fee to issue a new 6 month lease) however last year they did not ask me for this and I thought this was a blessing. From what I have discovered I now have a periodic tenancy and they have used a Section 21 (4)(a) - good firm of Solicitors, like I said just clutching at straws.

 

Thanks I really appreciate your interest/help going to pour myself a large gin and tonic cos I can see Monday.

[Nightmare4banks]

Hi all!

 

Juniper55,in reply to your posts and in my view:

 

 

1.I agree totally with Esio Trot here.

 

2.However,on seperate note there is nothing wrong with you suing your landlord once you have vacated for the leaking roof etc.You should gather evidence i.e. photos and a report from a qualified surveyor in housing disrepair would help your case.Regarding the other issues that you have raised it would be up to a judge to decide if and what to award you in damages.

 

ONE QUESTION FOR YOU...

 

 

Why have you not complained to the Council/Private Tenants Officer about your problems with this landlord?

 

 

This is because this officer can contact the landlord/agent on your behalf and in the worst scenarios the Environmental Health Dept in the council can get involved too issuing an abatement notice and to see that the landlord complies with the notice and if he does not the council would do the repairs and bill the landlord accordingly.Potentially he could also go to magistrates court for environmental health breaches and get fined too.

 

FINALLY...MY ADVICE

 

Move out(considering you are being evicted under Section 21 you have no decision in the matter) not being horrible here but blunt to the point!.Learn from the experience and sue your ex-landlord.

 

Going by what you have posted,it is obviously clear that an amicable relationship does not exist between you and your landlord so you should be happier once you have moved out - you may feel like this now but once you do settle in alternative accommodation you will. How do I know?Many years ago been there got the t-shirt and the rest is history.

 

If you want to sue/need any help otherwise,just ask.

 

All the best!

[Juniper55]

Nightmare4banks thank you for your reply.

 

I did not complain to the Council/Private Tenants Officer because I did not want further grief I suppose. And after Monday I will take you up on your kind offer as I will want to sue the Landlord.

 

So the only way I could prevent being evicted would be to go to Court not owing any rent or just one months rent I suppose?

 

I will need to ask the Judge for as long as possible to move out, so I can try and come up with both the cash and find somewhere else to live, does anyone have any idea what I could say or evidence(?) I should take with me to reinforce a request for this?

 

Am I right in thinking that the minimum time given to move out is 14 days and the maximum is a month?

 

And thanks.

[Esio Trot]

So the only way I could prevent being evicted would be to go to Court not owing any rent or just one months rent I suppose?

 

I will need to ask the Judge for as long as possible to move out, so I can try and come up with both the cash and find somewhere else to live, does anyone have any idea what I could say or evidence(?) I should take with me to reinforce a request for this?

 

Either you are not reading previous posts, or you don't understand. At a s21 hearing it does not matter a fig if a) you are up-to-date with the rent or owe months and months, or b) the property is in disrepair. It is a procedural hearing - if the documents and procedure are correct, possession has to be granted. The minimum is immediately, the maximum in law is six weeks. The usual is 28 days, though some courts regularly give 14 days.

 

The only way to stop possession being granted is to find a fault in the documents or the procedure.

 

You have so far failed to give the tenancy agreement dates, or how often the rent has to be paid. These are your last hope - they may be wrong in the dates - the law is very specific in this area and even lawyers are known to get it wrong.

Edited May 9, 2008 by Esio Trot
Clarrification of legal possession period

[Nightmare4banks]

Juniper 55,I would just like to add:

 

1.As Esio Trot has stated as long as the paperwork is correct,the judge has no option but to grant a possession order in favour of the landlord.If you want more help with this you will need to provide more information.

 

2.Just so you understand,to be evicted lawfully from a rented property there are 2 types:

 

a.Using rent arrears ground - Ground 8.

 

b.Absolute Possession - using Section 21 i.e your landlord wants his property back and he is not chasing you for rent arrears.

 

3.You have been issued with a Section 21 notice and so your rent arrears balance will have no impact on the judge's decision.This is because you were granted a shorthold tenancy which Section 21 is aassociated with.

 

When you are ready,I can help you with suing your landlord but remember this cannot be done until you have moved out.

 

I hope you this information useful.

 

If you have any questions,just ask.

 

All the best!

 

 

 

4.

[Juniper55]

Either you are not reading previous posts, or you don't understand. At a s21 hearing it does not matter a fig if a) you are up-to-date with the rent or owe months and months, or b) the property is in disrepair. It is a procedural hearing - if the documents and procedure are correct, possession has to be granted. The minimum is immediately, the maximum in law is six weeks. The usual is 28 days, though some courts regularly give 14 days.

 

The only way to stop possession being granted is to find a fault in the documents or the procedure.

 

You have so far failed to give the tenancy agreement dates, or how often the rent has to be paid. These are your last hope - they may be wrong in the dates - the law is very specific in this area and even lawyers are known to get it wrong.

On dear I am sorry I am under rather a lot of stress at the moment, these are the dates:

 

The last Tenancy agreement I paid for started on the 22/05/2006.

 

The dates on the S21 are:

 

Possession after after 20 Feb 2008

 

Dated 28 November 2007

 

Thanks for your help.

[Juniper55]

Nightmare4banks thank you for your reply.

 

Before I move out I will get quotes for all the house issues roof Etc and I have copies of all the letters sent to the Agents and Landlord with regard to all the issues.

Edited May 9, 2008 by Juniper55

[Esio Trot]

Thank you for posting the dates.

 

I am very sorry to tell you that I cannot find fault in any of the dates you have given. It looks likely that a possession order will be made on Monday.

 

What you need to do before Monday then is to set up mitigation so that the judge will allow you the full six weeks. If you feel daunted, at many courts there are now duty solicitors and if you get there early you may well get assistance at no charge.

 

I should also tell you that some people really play the system. There are occasions where someone will phone the court first thing in the morning and plead sickness, asking for the case to be adjourned. Often this is allowed. Sometimes the person is not sick at all but it gets them another few weeks.

[Juniper55]

Esio Trot thank you for your reply

 

What you need to do before Monday then is to set up mitigation so that the judge will allow you the full six weeks.

 

If you could mention any scenarios that other people have had to help with this I would be very grateful - just to give me an idea.

 

And once again thank you.

Edited May 9, 2008 by Juniper55

[Juniper55]

Just to add to this I have found out that simply having nowhere to move to is not sufficient, so will have to think of things to say.

 

So if anyone has any ideas that would really help.

[Juniper55]

Just an update, I have been given 28 days to move out and the LL was awarded fixed costs, so under the circumstances things went well.

 

Thanks to the people who helped me and Nightmare4banks I will be in touch.

[waterbottle]

Tell the council immediately that you have been evicted if you want to rely on them to rehouse you. If you don't do it in time they may say that you have made yourself 'intentionally homeless'.