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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Section 21 valid/invalid after possession order delay

Customer Question

Hi, I am the tenants of the property and has recently renewed our 12 months contract in May 2015, in July 2015, the landlord gave us a section 21 notice to move out by using the the break clause which due to happen in early Nov 2015, however, in early Sept 2015, we received a court eviction notice due to the landlord didn't keep up the mortgage payment, the warrant has been issued and due to happen on 30 Sept 2015. Since then, will have been contacting to all parties and ultimately went to court hearing to delay the eviction for two months. The judge approved the delay request. However, I am wondering who should I pay the rent now and will the section 21 / break clause still apply in early Nov 2015 as the judge approved the delay of eviction which is late Nov 2015 ?

Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is Alex and I will help you with this.

You should pay the rent to the Landlord, this is because at present the landlord is still the owner of the property until it is repossessed by the mortgage company. It has not been yet but will be soon.

The Section 21 notice is technically still valid to move out by early November. However given the Landlords difficulties, if you stayed until the end of November in reality the Landlord can NOT do anything.

Can I clarify anything for you about this today please?

Expert:  Ash replied 2 years ago.

I am just following up to see if there is anything else I can help with?

If you have not done so already might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.