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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice.
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Hello I am writing with regards XXXXX XXXXX enquiry I have about

Customer Question

Hello

I am writing with regards XXXXX XXXXX enquiry I have about my current tendency

I have received a ‘notice requiring possession’ (Housing Act 1988 Section21(4)(a) by my estate agent which gives me 2 month notice to vacate the flat. The actual date by which the apartment needs to be made vacant is 17th Feb. 2013

I am in the process of considering the purchase of a property but which is not going to be made available until April 2013.

I am under pressure at the moment. I need to know what my exact rights are as a tenant.
In particular, whether I could stay in the property longer than 17th Feb. 2013. And what the consequences are if I do stay and do not evacuate the property.

I understand from my estate agent that the landlady might allow some extra time but I am not sure whether this is going to be a few day or weeks only.

So I need you to help me with advising me what the options are and what the repercussions might be if I want to stay longer in the flat and on the basis that 2 months does not give me enough time to find another property. The duration is too short to find something else.

What can I do in order to make my case for staying longer at my apartment? What legal rights do I have and how can I use them?

Kind Regards

Stephanos
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank your for your question. I will try to help with this.

The AST demands that you hand over possession on the 17th February.

However, if you don't go they will need to seek a possession order. They cannot just evict you. They would need to go to court to seek an order against you. That will take a few weeks if not months.

The real consequence is that you would be liable for costs.

If your question though is whether you can stay lawfully longer than the end of the AST on this basis then you cannot. When this gets into court there would be a possession order. Whatever your circumstances, a property has to be handed over at the end of an AST that has been brought to an end lawfully.

I'm very sorry if thats bad news but the Court would not allow you to stay longer than the period of the AST because you are having difficulty finding elsewhere I'm afraid.
Customer: replied 3 years ago.

Thank for your answer and information on this


When you mention that I will be liable for costs, will the costs take effect from when the possession order is actually issued?


What can happen if I evacuate the apartment by the time in the course of the time that the order is being issued?


What do you advice to do in order to ask for extra time? Is there some specific reason that is credible and to which I could make reference to for asking extra time by the landlady and the estate agent?


Is it likely for the landlady to allow me to stay extra in order for her not to have to go to the court?


Thanks


Stephanos


 

Expert:  Remus2004 replied 3 years ago.
Yes, but you will be liable for costs if you cause them to issue against you at court.

You have no grounds for asking for extra time as I mentioned above.

If they want possession then it isn't all that likely that they would agree to you staying longer anyway.
Customer: replied 3 years ago.

Thank you for the information but I need to be more specific for what you mean (sorry for being a nuisance on this).


 


The property I am thinking of buying will be made available from April 13. If I stay and the landlady issues a court order what is possible legal cost that I will have to pay? Is there any other repercussion apart from the cost itself? I think that by the time I receive the court order I will have evaluated the flat. The cost for paying any legal expenses will be much lower for me than having to find somewhere else to live.


 


So if you can be more advice about the cost expenses that I will have to pay and if the consequences are only going to be financial in nature.


 


Thank you

Expert:  Remus2004 replied 3 years ago.

If you don't go in February and she seeks possession then it could take until April before she is actually in a position where the bailiffs can evict you.

The sum you face depends on how far this goes. If its just that she issues at Court then it will be a very small sum in costs. Probably around £100 or under. Obviously if you don't pay rent while you are there before February then she will seek compensation for that as well.

If you do let this go to bailiffs though then it could get very expensive because of the costs of the bailiffs. If they actually evict you then the bailiffs costs alone would be in the region of £1000.

How far it would get depends on the court listings in the area. Often it does take several weeks to actually get the matter into court and you are only facing two months.

That is always supposing they issue against you. That would depend on how badly they need the property back.
Customer: replied 3 years ago.

Thank you. I intend to continue paying the rent and for as long as I actually stay in the property.


 


So If I actually leave in April and before the bailiffs evict me the only possible cost would be the cost for issuing the court order and the bailiffs' costs.


 


Are there not any clear guidelines with regards XXXXX XXXXX costs are mounting up? So can the bailiffs just ask for £1000 as you are suggesting? Is there not a procedure when the matter gets there?


 


Thanks for your help as this is likely what I am going to do because I am interested in a property which as I said is not going to be available until April.


 

Expert:  Remus2004 replied 3 years ago.
All of that is a bit of a myth.

If bailiffs visit and evict you then sums of £1000 would not be excessive.

The guidelines on the national debt helpline are completely mythological anyway. There are caps upon the cost of sending letters but as soon the bailiffs attend costs rack up.

Happy to continue with this but please rate my answer.
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 69359
Experience: Over 5 years in practice.
Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 3 years ago.

I don't want to keep you much longer.


 


However I just need to understand what I asked you earlier about how the bailiffs' costs are calculated and if there any regulations in place.


 


I don't understand what you mean that is a myth. Having to pay an additional £1000 would be reasonable but on what basis?


 


Can you advice if there is any place on the internet where I can find more information on this?


 


Thank you


 


 

Expert:  Remus2004 replied 3 years ago.

There is always the national debt helpline or www.bailiffadviceonline.co.uk but its all a bit unreliable. Bailiffs costs are decided on a case by case basis. Its a bit piecemeal. Its made up by a large number of test cases and very fact specific.

Generally speaking the initial visit is a cost of in the region of £100-£150. If they have to take action then costs rack up especially when equipment like clamping is required although mostly thats for parking fines or CCJS. Generally with evictions though the cost lies in the use of a locksmith if they are denied access by the occupant.

There would also be the original court costs plus the cost of the warrant although that would probably all be in the low hundreds.

Of course, the bailiffs can always be avoided by leaving before they receive the warrant.
Customer: replied 3 years ago.

This is fine. Thank you.

Expert:  Remus2004 replied 3 years ago.
No problem.

All the best.

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