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Vineet S
Vineet S,
Category: Property Law
Satisfied Customers: 3087
Experience:  Freelance Solicitor at Self Employed
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Am I able to speak on the phone? No, I have one question

Customer Question

Am I able to speak on the phone?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No, I have one question which I will tell you here. I rent a house. Assured short-term tenancy which expires 27th October 2021. I received 23rd April 2021notice that Landlord wanted possession 27th October.
JA: Where is the property located?
Customer: Hampshire - an I please continue. I have no doubt the notice was properly served and they are entitled to repossess on that date. It was a section 21 notice. I want to negotiate an extension. Before I do so I want to know if I don't leave by that date how much time to I have:
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I should stop creating paragraphs! I want to know (i) how long (minimum, maximum) for them to obtain a court order for us to leave. (ii) Assuming they apply promptly, how many days will it take them to get a hearing date. In other words worst-case scenario (for me) how much time before the end of my lease and me standing in court being given a court order to leave. And (iii) if I have no powerful excuse to delay leaving, how many days will I be given to leave and (iv) if I don't leave on that day, how many days before I get a notice that bailifs will come and how will the notice give me any extra time.
Submitted: 14 days ago.
Category: Property Law
Expert:  Vineet S replied 14 days ago.

Welcome to Just Answer, I am a solicitor in England and Wales and I will be dealing with your case today.

Kindly note, I am not available for phone calls at the moment, however I can easily assist you via this online chat.

If a phone call is not required then please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

I will go through your question and will get back to you with my answer shortly.

Customer: replied 14 days ago.
No, I did not expect an additional £44 for a few minutes or less on the phone. And my £50 already paid will cover probably the only question I will ask this month, or next! I will await an email reply. This does leave a slightly bad taste !!
Expert:  Vineet S replied 14 days ago.

Hi there,

Tenants have protection from illegal evictions, which means if the tenant is not leaving on its own, then Landlord would have to serve a valid section 21 notice and get possession orders from the court.

Tenancy does not terminate with the expiry of the fixed term, if the tenant stays on , the tenancy rolls into a periodic monthly tenancy, so, if the tenant stays on at the expiry of the fixed term or at notice period, then Landlord can approach the court for possession orders.

Landlord can initiate the court proceedings within 10 months from the date of the expiry of the notice period.

If there are no rent arrears, then Landlord can go for an accelerated possession orders.

In an accelerated possession orders ,once your application is approved, the court will send your tenants a copy of the application.

Tenants have 14 days to challenge the application, from the date they receive it.

A judge will decide either to:

  • issue a possession order that states your tenants must leave the property (this is normally the case)

  • have a court hearing (this usually only happens if the paperwork is not in order or your tenants raise an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the tenants are in an exceptionally difficult situation the judge may give them up to 6 weeks.

Once the possession order is given , tenants have to leave by 14 days from the date of the court orders, if they don't then Landlord can enforced the orders via bailiffs

Expert:  Vineet S replied 14 days ago.

Please ignore phone call request pop-up, they get generated automatically without any input from the expert, so I have no control over these requests.

Please note , I am a third party professional and have no control over any payment /refunds /cancellations issues.

Kindly contact Just Answer`s Customers team for these issues , by clicking the below weblink-

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Thank you.

Expert:  Vineet S replied 14 days ago.

If you need further assistance, please let me know.

In the meantime, thank you for using Just Answers. Best wishes.