UK Landlord Forum / Life

Hi have served my tenant with a c21 which gives her till 26th of next month to move out.. I know she won't . Can I get a court order in place for the 26th, as I need to move back in as find my self needing to be housed .

What is a c21?

Do you mean Section 21?

If so, when did you serve it?

You can only start possession proceedings after the Section 21 has expired, correctly.

Quote from: Hippogriff on September 30, 2016, 06:00:49 AM
What is a c21?

Do you mean Section 21?

If so, when did you serve it?

You can only start possession proceedings after the Section 21 has expired, correctly.

I am hoping it is a Ceckshion 21. Otherwise I have even more to learn about :-)

Thanks yes sorry section 21. It is up on the 26th next month. I now find myself in need to live there as I have just had a divorce settlement and need to move ASAP into it .. How long does the process take from 26th October till I will be able to get her out ?
Thanks

When did you serve the Section 21?

It will be two months on the 26th oct

OK, so at least your Section 21 has the right notice ("at least" 2 months). After that has expired you can start the process to obtain a Possession Order. It could easily take you up to 8 weeks, maybe longer. And then - as the Tenant will likely ignore that too, you will likely need to engage the Bailiffs that could be up a further 10 weeks.

If you are desperate you might try to provide the Tenant with an incentive. However, as you've found out, the Council will advise the Tenant to stay put, always.

You might set your expectations at between 3 and 5 months if the Tenant is not going to leave willingly.

Was the tenants deposit protected correctly?  If it wasn't your section 21 will be invalid.

Ok . No it wasn't done in the correct time.. But it is now ...So what can I do . Do I just go to bailiff and pay her 3x deposit . Will  This get her out quicker  as I need to move in as have no where to go myself now .

I hate to ask ...but when did your tenancy agreement actually start?
Was it before 1st October 2015?  if so then your troubles are substantial but limited.
If after that date then the requriements for a court order in terms of paper work are rather burdensome and (sorry for saying) if you failed to protect the deposit then likely didnt serve the requried paperwork...

If you let folks know the start date they might be able to better advise.

Note if you need to re-occupy then a s8 route is also available to you if the s21 won't work, but s8 routes itself is fraught with danger and seems you have waited for the s21 route already.

Best of luck.

Cripes. This is a bit of a mess now.

You usually can't just turf someone out because your circumstances have changed... that's not how things work. And rightfully, so, right? You have to follow the proper process and this usually assumes that you've done everything correctly, and in time, yourself... but you haven't!

I am a big fan of getting help on Internet forums... but sometimes there is a real benefit in employing someone to shepherd you through this process correctly. I might suggest one of the Tenant eviction firms... you see them referenced on the Landlord / Tenant shows that you see on Channel 4, or is it 5? It will cost you even more, but they know what they are doing - more so than you and probably more so than a general Solicitor you might employ.

Have you considered it?

Have you also considered giving the Tenant an incentive to leave? A deal is not against the law - it's a quid pro quo.

Ok the tenancy agreement started Feb 2015...
It was for 6 months since then been on a month by month ...
I didn't protect deposit on time..
It is protected now
Gave her a section 21 . Two months up this month.
I am going to seek legal advice tomorrow but just wanted to see if could get a bit of info from anyone on here
.

What I think we're saying is this... it's not a clean case and you could benefit from some paid expert help.