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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I have resided in a property from 2005, on October 15 I received

Resolved Question:

I have resided in a property from 2005, on October 15 I received a Section 21(4a) Notice requiring possession which expired today. I sent a letter to the letting Agent requesting an extension as I am having difficulty finding a suitable accommodation. I also left voice message as they stated that although they were on holiday, someone accessed the calls regularly.
I was informed this afternoon that an email was sent to me . I have copied and pasted the contents of the email below
Thank you for your letter which we have handed to your landlord who came into the office this morning with a view to collecting the keys.
He is very upset as all his possessions are in transit and are due to arrive at the house on Monday 12th January. Whilst he does appreciate the difficulties that you are facing in finding alternative accommodation the situation is now very urgent for him and he would be very grateful if you could let us know how the viewings went last week and how your search is progressing.
If there is going to be any further delays then he will be forced to turn to the Courts for possession which is a situation everyone would prefer to avoid.
Please advise
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : For now please let me know what tyoe of tenancy agreement you have and what is it you want to achieve?
Customer:

I have an assured short hold tenancy which was sent in 2008. I would like an appropriate response to the email received as I have not found a property as yet. I am actively looking

Customer:

and would like an extension to Feb 1 to find a property

Alex Watts :

How much notice were you given please?

Customer:

Two months

Alex Watts :

Ok, in reality you dont need to worry. They cant just go ahead and evict you without a Court order.

Alex Watts :

Even if they apply for possession proceedings now, it will take 4-6 weeks to even get a Court date

Alex Watts :

This then takes you to the time you want

Alex Watts :

Then you can just move out.

Alex Watts :

But write and tell them that you wont be moving out until 1st Feb and you are happy to continue paying rent.

Customer:

I would have liked to avoid the court order

Alex Watts :

But in reality it will take them 4-6 weeks to get the matter to court and even if given a possession order another 4-6 weeks to get bailiffs.

Alex Watts :

Yes of course.

Alex Watts :

But if you know this you can tell them there is no point getting a Court order as you would be gone in 3 weeks

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

The tone in the closure of the email. I would have expected that having spent the time I have, with no arrears or anything that there would have being a different approach. I would prefer not to get involve in hostile situations

Alex Watts :

Yes I would have hoped so too, if you consider the amount of money you have spent on rent

Alex Watts :

But not everyone can be professional

Customer:

I will respond to the email and offer to pay the rent which is due tomorrow. I will see if it is accepted

Alex Watts :

Yes of course.

Alex Watts :

Dont forget to emphasise it will take them 4-6 weeks to even get a Court date

Alex Watts :

So it makes commercial sense to allow you to stay

Alex Watts :

Given that you have been a good tenant

Customer:

I have requested to speak with the Landlord as I believe that they were aware that he was returning

Alex Watts :

Yes indeed.

Customer:

Is there anyway that they can get a court order that give me 14 days to leave the property. I think I read that somewhere

Alex Watts :

Not this quick no

Alex Watts :

It will still take 4-6 weeks to get a Court date

Customer:

My last assured shorthold tenancy agreement was Feb 2008, I had concerns about the validity of the Section 21

Alex Watts :

Yes. But that would only delay proceedings.

Alex Watts :

In reality its not worth them getting a Court order as it would take 4-6 weeks to even get a date to hearing

Customer:

ok thank you for your time. I am taking DEEP BREATHS

Alex Watts :

Indeed, good luck

Alex Watts :

Is there anything else I can help with?

Customer:

Not at the moment thank you

Alex Watts :

Great, if I could ask you to rate my answer before you go, the button should be at the bottom of the screen

Alex Watts :

If you need more help please click reply

Customer:

Will do

Alex Watts :

Thanks

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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