My daughter started her tenancy on 08/04/13. She received a Section 21 notice in October to vacate the premises in January. She has 5 children and the Council said she has to have a 3 bedroom house with dining room. No houses have come up with that requirement. She managed to get an extension until next Wednesday but has been told she has to be out by then or he will be taking her to court. She has been told that there is a house coming up today which she can bid on but won't be available until end of February. She has nowhere to go unless she splits the family into 3 separate places. She has been told there is no guarantee she will get the house as someone might have been homeless longer than her. The Landlord won't budge on the date at this stage. She has never received a Tenancy Deposit Certificate and has been asking for the last few months. She has checked the approved websites and nothing is showing up. What would you suggest? Should she stay in the house and let him take her to court in the hope that either this house is offered to her or do you think he might not have registered her deposit?
I don't think they have.
If they'd told her to stay I'm sure she would have said so. We just need advice on the best way to approach this and the right thing to do. My partner and I are going on holiday for a week on Saturday and are trying to get this resolved before we go.
Once the Section 21 notice expires the Landlord has to then seek an Order for possession.
Once proceedings are issued it takes a further 4-6 weeks to get the matter listed in Court.
Even when it is in Court a Judge can delay possession by up to 42 days.
Even once the 42 days has passed then if the tenant has not moved out a warrant of eviction (bailiffs) can be sought.
Again this takes another 4-6 weeks.
So she can delay the whole process by 3 months.
She also can stay there if the Landlord has not provided the Deposit Certificate.
Indeed the law states a Landlord may not take ANY step (which includes a Section 21) until he has evidence that the deposit is protected.
Therefore she should write and state that she will NOT move out because the Section 21 notice is INVALID because no evidence of protection has been offerd.
Therefore if the Landlord tries to issue proceedings a Judge would dismiss it because of lack of protection.
Can I clarify anything for you about this today please?
I've read somewhere that Landlords can take the acceleration of possession course. Can he do this? Also, do you think the reason he hasn't supplied the certificate is because he doesn't have one. My daughter has always dealt with the agent but has met the Landlord on one occasion. It takes ages to get a reply from the agent and landlord.
No. The Landlord can not take ANY step (including a Section 21) unless the deposit is protected
But if she has requested the certificate over the past few months and it hasn't been forthcoming do we assume he hasn't registered it.
Yes. Therefore they can NOT do anything to get you to leave. You need to write and notify the agent of this
Does that help?
Yes, I will pass this information onto her tonight. Can I get in touch with you tomorrow if I need to?
Yes of course.
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Thank you very very much. You have been so helpful.
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It's been sorted. Thank you.