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Harris, Law Specialist
Category: Law
Satisfied Customers: 2851
Experience:  Family Law - Specialist in Divorce, Financial Relief and Children Matters
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HiMy landlord has sold the property, we are on a rolling

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My landlord has sold the property, we are on a rolling month by month contract because the landlord did not sign a new one last year, the letting agency has sent us a section 21 only posted not recorded etc, we don't have any where to go, as our new property is not ready to move into until end of march, so we are not leaving, I have just found out that our deposit should have been re-protected in 2013 when we received our new year long contract, also they have never sent us apart from when we moved in a gas safety certificate.
my question is can they evict us and how long does it take, as we will be left by the end of march.
Many Thanks
Hi, thanks for your question.
When does the Section 21 Notice expire? Technically you should be leaving by the expiry of the Section 21 Notice, however if you do not the landlord cannot force you to leave.
The landlord will have to apply to Court for a possession order, once granted the possession order will state the date you should be leaving, but even then if you do not leave by the date on the possession order the landlord still cannot force you out and will need to apply for a warrant to evict you - the date on the warrant is the last date and you will need to leave by this date or a bailiff will evict you.
Please let me know if you have any further questions regarding this.
Customer: replied 2 years ago.
what about not having a up to date deposit protection certificate and a up to date gas certificate.
In relation to the gas certificate this should have been taken up when the new check was due - if the landlord did not undertake it then you could have instructed an engineer to do the check and deduct the cost from the rent.
If the deposit was not re-protected when new tenancy was issued then Section 21 notice would not be effective and you would have a monetary claim against the landlord for not re-protecting the claim.
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