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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I need help, I'm in a property that we had explained to the

Customer Question

I need help, I'm in a property that we had explained to the landlord that we needed for Joti 4 years and he has agreed that he was looking for a long term tenancy, we took an Initial 6 month tenancy and the landlord has 4 months into the tenancy has served section 21 notice. I'm pregnant due in dec have a 2 year old child and we had repeatedly explained that move was expensive and not something we could do in a hurry also I put my daughter into a Montessori opposite which is expensive and she has now finally settled. They're having a laugh at our expense used us for rental didn't do any work to property and just playing some sort of game. They're very intrusive and have been from the beginning constantly round checking on the garden and using my daughter to come into the house ?im not in a position to move! Need immediate help
Submitted: 1 year ago.
Category: Property Law
Expert:  Ash replied 1 year ago.

Hello my name is ***** ***** I will help you.

For now please let me know why you signed a 6 month agreement, if you wanted to be there for 4 years please?
Alex

Ash and other Property Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Alex, hes a tricky personality so we took the 6 month agreement as the property was run down and wasnt sure how it would pan out for my little girl
Expert:  Ash replied 1 year ago.

Do you have a number?

Customer: replied 1 year ago.
0777-611-83-63
Customer: replied 1 year ago.
I think I accepted a live phone option by accident didn't realise there was a cost implication
Expert:  Ash replied 1 year ago.

I will give you a call now, as it will be quick. Alex

Customer: replied 1 year ago.
But I think this whole thing will cost me double! I just need to know what I can do as I am definatley not in a position to move nor can afford to
Customer: replied 1 year ago.
Hi anyone there
Expert:  Ash replied 1 year ago.

Sure. Its bad news I am afraid. If you signed a 6 month agreement, unless there is anything else to the contrary then you may have to move out.

The S.21 notice is a formality, this means that your tenancy ends after the 6 month period.

However the Landlord just may get you to sign a new 6 month agreement - if you are a good tenant then there is no reason why the Landlord will not.

But in law, if you sign a 6 month agreement, then technically that is all you are entitled to.

Can I clarify anything for you about this today please?
Alex

Customer: replied 1 year ago.
What happens if I don't move
Expert:  Ash replied 1 year ago.

The Landlord MUST get an order for possession.

If the landlord gets this then you can be evicted, but only with a certified bailiff.

Does that clarify? Alex

Customer: replied 1 year ago.
How long does it take for them to gain possession ! I'm not willing to move alex ! I need to know what will happen if I take my time, I'm not in a position to move I'm in a new area house hunting is neither cheap nor is moving. I won't move until I find an appropriate house, it took us a year to find this property and move here
Expert:  Ash replied 1 year ago.

You can delay it by about 4 months, but if they seek possession its inevitable.

I am sorry. Alex

Customer: replied 1 year ago.
it will cost my daughter her nursery for
Which I moved here and her school too, so I can't move until we have resecured a house in this catchment
Expert:  Ash replied 1 year ago.

I understand.

Customer: replied 1 year ago.
They're very tight fisted what will it cost them to gain possession?
Customer: replied 1 year ago.
Also my I applied for my Inlaws to come visit who will be supporting my pregnancy!!! They're just nasty people
Expert:  Ash replied 1 year ago.

£280 Court fee and £110 warrant. These costs you will have to pay.

Alex

Customer: replied 1 year ago.
I thought it would cost them more to regain possession, also I am on tax credits and part housing benedit
Expert:  Ash replied 1 year ago.

Those are the court fees. Alex

Customer: replied 1 year ago.
Is there no way of delaying things
Expert:  Ash replied 1 year ago.

You can 4 months, but thats it.

You have already been given the S.21 notice so you should start to make plans now, just in case.

Alex

Customer: replied 1 year ago.
4 months from section 21 or after 6 months full
Expert:  Ash replied 1 year ago.

6 months full. Alex

Customer: replied 1 year ago.
Also I've had no hot water which has consistently gone off and there was an issue with cooker and no vents in the kitchen. The gas man was really upset and issued them a warning to put in vents which they have not done and that warning was given 4 weeks ago?
Customer: replied 1 year ago.
They were also supposed to have monoxide monitors in the kitchen but they didn't have them until gas man stressed it
Expert:  Ash replied 1 year ago.

Ok - but that wont stop possession proceedings though.

You may have a claim for damages, but you cant stop possession.

You have a 6 month agreement and the landlord is entitled to possession.

Alex

Customer: replied 1 year ago.
The monoxide monitor goes off in be kitchen when the window isn't open
Customer: replied 1 year ago.
How do I go about claiming damages?
Customer: replied 1 year ago.
If I had a 12 month agreement would I have been in the same position
Expert:  Ash replied 1 year ago.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 1 year ago.
If I get them to agree a further 6 month agreement? Will I be in the same position then?
Customer: replied 1 year ago.
Hi alex?
Customer: replied 1 year ago.
Hello? Can u pls tell me if I will be in the same position if I get them to agree another 6 month agreement
Expert:  Ash replied 1 year ago.

Yes you will be. Sorry I was just getting ready for bed as its after 11pm

Customer: replied 1 year ago.
what ur saying it doesn't matter if I take a 6 month or 12 month tenancy?
Expert:  Ash replied 1 year ago.

No, at the end of 6 or 12 months you could be given notice. Alex

Customer: replied 1 year ago.
actually there's no protection for me?
Expert:  Ash replied 1 year ago.

Not unless you signed for 4 years - no.

Customer: replied 1 year ago.
Ok Thankyou last question if I stop paying him rent from now until what happens then
Expert:  Ash replied 1 year ago.

You get evicted for arrears, a County Court Judgment and you get bailiffs to come after you for rent.

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