Section 21 housing how long is it in force?

[katy19660]

Hi I had a fallen out with my landlords and he went to court for a section 21 to get me out if his property, in December 2014. There were few issues with the claim ie him letting himself in to the property as and when and the judge adjourned the hearing until 4 jan 2015. We spoke to the landlords after the hearing, who assured me that it would be ok, and I could stay in the property. However the company did go to court and were issued with the section 21 due to us not being there .( he assured me he would put a stop to it) anyway, ive been living there since, but have been in arrears with my rent. ( it was always paid up to date by the end of the month) . This month, it was due to be paid 23rd as it's My pay day. But I am leaving my current employment after 18 months, and my employer had now informed me, I will not get any money until 30th (my last day) I informed the rent office today that I will pay rent on Monday, to be told I have not paid on 23rd as promised so are going to get bailiffs to remove me as they still have the section 21. The initial tenancy was 12 months with a roll on month to month. Is there a time limit that a section 21 lasts?
.

[katy19660]

Re: Section 21 housing how long is it in force?

Any help on this one?

[Crazy council]

Re: Section 21 housing how long is it in force?

Not sure, i think the section 21 is for the end of term, if they have the section 21, and allowed you to carry on occupation ( clearly they have ), then am unsure at the mo if they could enforce it, without going back to court. It depends on the wording of any paperwork off the landlord for the rent you have been paying since the section 21 was awarded. If its not been done properly off him, i think that would make you a periodic tenat, but am really not to sure at the mo

when did your tenacy start
how long was the term

what was the end date of the setion 21 notice they had

update --- its both

http://www.landlordsguild.com/how-lo...1-notice-last/

Tenancies granted before 1 October 2015

Where a tenancy is granted in England on or before 1 October 2015, Section 21 Housing Act 1988 contains no time limit as to when a section 21 notice may be acted upon once expired. Therefore, once served, a possession order may be obtained any time after it’s expiry unless it has been withdrawn or a new tenancy has been granted since the notice was served. This can be compared with a section 8 notice (normally used for rent arrears) which has a 12 month lifetime before a new one would need serving [section 8(3)(c) Housing Act 1988].
We have personally enforced a section 21 notice more than 5 years after service and was successful.
It would be wise for a landlord wishing to act on a notice some time after expiry (for example a year after expiry) to write to the tenant as it might be quite a shock if the first thing they heard was a court letter.
A suggested template letter for notifying the tenant that the landlord intends to act upon a previously served section 21 notice is available in our landlord forms, letters and templates section.
Tenancies granted on or after 1 October 2015 (or all AST’s from 1 October 2018)

For all tenancies granted in England on or after 1 October 2015 including a renewal, section 21 Housing Act 1988 is amended substantially and a new ‘use it or loose it’ provision is introduced.
Where the rent payable is weekly, monthly or two monthly, court proceedings for possession may not be begun after the end of six months from the date on which the notice was given.
Where the rent payable is greater than 2 monthly (such as quarterly, six monthly or annually), proceedings for possession must not be begun after the end of four months from the date given in the notice for expiry (the date possession is required under the notice).
There were many other changes made to section 21 in England for tenancies granted on or after 1 October 2015 including the prohibition on serving notice until four months into a tenancy and a new prescribed form.
From 1 October 2018, the ‘use it or loose it’ provision will apply to ALL assured shorthold tenancies in England including any that were granted before 1 October 2015 (or went statutory periodic).

[katy19660]

Re: Section 21 housing how long is it in force?

The full story is my partner got a job with this firm, and we started renting a flat with them. It needed some repairs and I was assured that they were to be done before we moved in. They were not.but because we had no when else top go, we moved in. August 2013. My partner wad so disgusted how tenants were treated, he left in may 2014, and voiced his disgust in the company. We continues to rent the property as we love the area. In November 2014 we received court papers for a section 21, We went and explained we did not receive a section 21 from the landlords, and there was other issues. The judge then told us top seek advice, and adjourned until jan 2015. We then went to the top and spoke to the managing director, who took our side and told us not to worry, he would CANCEL the court hearing. Next, we get a letter from the court to state section 21 HAD been given and we had to leave. We then telephoned the md again, who said we could stay and don't worry as long as rent was paid on time. I telephoned them as im starting a new job next week. I should've been paid 23rd and wouldn't paid rent. However they are not parting me until 30th. I phoned them to explain and rent would be paid Monday.they have told me, as they have already added on august rent, I am now 6 weeks in arears and needs to be paid today or the bailiffs will be called, .

[Diana M]

Re: Section 21 housing how long is it in force?

In November 2014 we received court papers for a section 21, We went and explained we did not receive a section 21 from the landlords, and there was other issues. The judge then told us top seek advice, and adjourned until jan 2015. We then went to the top and spoke to the managing director, who took our side and told us not to worry, he would CANCEL the court hearing. Next, we get a letter from the court to state section 21 HAD been given and we had to leave. We then telephoned the md again, who said we could stay and don't worry as long as rent was paid on time. I telephoned them as im starting a new job next week. I should've been paid 23rd and wouldn't paid rent. However they are not parting me until 30th. I phoned them to explain and rent would be paid Monday.they have told me, as they have already added on august rent, I am now 6 weeks in arears and needs to be paid today or the bailiffs will be called, .

A Section 21 Notice is not a court Order. It's a pre-court legal document/requirement served on the Tenant by the Landlord.

This is my understanding of the history of your problem:

There was a summons for possession of the property issued in November 2014. You went to the hearing and defended the claim by arguing that you had not received the s.21 Notice (a legal essential in order for the Landlord to be given possession).

As a result the DJ took the view that you needed to get formal legal advice so adjourned the proceedings until January 2015.

You decided to take up the matter direct with the MD of the company where your partner was working. Did the company also own the property so they were your Landlord named on the tenancy agreement?

He told you he would "cancel" the hearing if you continued to pay rent. You believed him.

It then seems the hearing went ahead without you (because you believed it had been cancelled) so a Possession Order was granted in your absence. Do you know if the Claimant (Landlord or their legal representative) went to that hearing?

If that's what happened then the court would have sent you a copy of that Order which it appears they did. Do you have it or can you call the court to get a copy. The bailiffs can only be called in if you breach the terms of that Order (if it exists).

If you can't comply with the terms of that Order then you may be able to apply to the court to vary it.

You then went back to the MD who again told you not to worry, everything would be fine as long as you continued to pay rent. Which you did.

You now find yourself in rent arrears and having spoken to the Company (the same MD?) you have been told that if you don't pay them today they will call in the bailiffs.

The first question has to be was that original section 21 Notice valid? Did you get it checked by a legal pair of eyes as advised by the DJ? Because if it wasn't valid then it's possible that the possession Order should not have been granted and you may be looking at a set-aside of that Order. It all depends on what evidence the DJ had in front of him when he made the decision.

The next question is did you pay a deposit when you moved into the property and was it placed in a Government backed scheme? If not (and I'll wait for your answer) then there's a possibility that the Possession Order should not have been granted. Again it depends on what the DJ knew at the time.

Did your dealings with the MD get confirmed in writing because that could be evidence that an agreement was reached (twice) to halt the proceedings. Or maybe you have been duped by the MD on purpose (I do hope not).

If you did pay a deposit would it be enough to cover the rent arrears which appear to be linked to 'timing' (your job change) not an overall inability to pay the rent? Is this likely to be a temporary blip?

I think you should ring Shelter's free Helpline and have a two-way chat with one of their legal advisors. A lot will depend on the terms of the Possession Order (if there was/is one) so do you have a copy?

Shelter's Helpline is 0808 800 4444. They are open from 8 am until 8 pm on weekdays.

Try not to panic because there may be a light at the end of the tunnel if you get the legal advice that the judge suggested you should do in November 2014. It's never too late to deal with these things

Di

[Debt Camel]

Re: Section 21 housing how long is it in force?

I agree with Diana's advice to call the Shelter helpline. You need expert advice from a housing specialist not well meaning guesses from the rest of us.

However as a well meaning guess I will say that a Section 21 notice implies you have an assured shorthold tenancy. Nothing you have said suggests that this is unusually long tenancy or that you have renewed it to a new tenancy. It may well be (and Shelter will talk you through the details) that your original tenancy has ended and you now have a rollling tenancy (see http://england.shelter.org.uk/get_ad...rivate_tenancy). If this is the case you can at any point be given 2 months notice to leave. As a matter of practicality it would be sensible for you and your husband to be looking for alternative accommodation.