Current eviction process
Current eviction process
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surveyor_101

Original Poster:

5,069 posts

208 months

Monday 6th December 2021
quotequote all
Is anyone up to speed with the current eviction process?


I am trying to buy a house and my current property is rented.

I was serviced section 21 end of Novemeber and need to be out by 31st Jan 22.


I have asked for some flexibility due to the current time taken to buy and the agent has just said they will start proceeding if I am not out by the 31st Jan.


Psycho Warren

3,087 posts

142 months

Monday 6th December 2021
quotequote all
In short they would have to take you to court to get a possession order. Then enforce the possession order if you fail to leave on the date of the possession order. The exact timeframe is going to be hard to know as there are a lot of delays due to COVID. Could be anywhere between 2 weeks and several months. They can also use an accelerated procedure in high court but you'd have to have pissed them off or they be really desperate to get it back if you were a model tenant prior to eviction for them to go down that route.

4 months is the max time between eviction date and applying for possession, otherwise they have to redo it from scratch.

Can you contact the landlord direct and try to negotiate that way?

kingswood

159 posts

105 months

Monday 6th December 2021
quotequote all
to be served a 21 shows a breakdown in the relationship?

why do they want you out? unless they're selling there's no benefit to them. the process has already cost them money and time.

surveyor_101

Original Poster:

5,069 posts

208 months

Monday 6th December 2021
quotequote all
kingswood said:
to be served a 21 shows a breakdown in the relationship?

why do they want you out? unless they're selling there's no benefit to them. the process has already cost them money and time.
Say they are selling it yes, offered to to it to me 3 months ago but I declined.

No, no issues been fine, just been here like 20 months supposed to be a long term let but I think the landlord just seen there is a shortage of houses round here and thinks he might do well to sell.

The house is in his a ladies name his mum and the rent pays for her nursing home, she is still in the home but the son seems to want to sell the house.



surveyor_101

Original Poster:

5,069 posts

208 months

Monday 6th December 2021
quotequote all
Psycho Warren said:
In short they would have to take you to court to get a possession order. Then enforce the possession order if you fail to leave on the date of the possession order. The exact timeframe is going to be hard to know as there are a lot of delays due to COVID. Could be anywhere between 2 weeks and several months. They can also use an accelerated procedure in high court but you'd have to have pissed them off or they be really desperate to get it back if you were a model tenant prior to eviction for them to go down that route.

4 months is the max time between eviction date and applying for possession, otherwise they have to redo it from scratch.

Can you contact the landlord direct and try to negotiate that way?
Maybe the agent is a twit, there are next to know rental homes here and 30 applications per house so I am told.

My friends just got to the end of 4 months of notice to find the new buyer wants sitting tenants

Burwood

18,718 posts

275 months

Tuesday 7th December 2021
quotequote all
How long since you signed the latest lease? Has it been renewed?

W124Bob

1,863 posts

204 months

Tuesday 7th December 2021
quotequote all
surveyor_101 said:
Say they are selling it yes, offered to to it to me 3 months ago but I declined.

No, no issues been fine, just been here like 20 months supposed to be a long term let but I think the landlord just seen there is a shortage of houses round here and thinks he might do well to sell.

The house is in his a ladies name his mum and the rent pays for her nursing home, she is still in the home but the son seems to want to sell the house.
I wonder if he needs the money for continued nursing home fees, my MiL is being charged £4k a month so I doubt if your current rent covers the whole of the fee.

mcflurry

9,189 posts

282 months

Wednesday 8th December 2021
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How far down the house buying process are you and how long is it reasonably likely to take?

Panamax

9,637 posts

63 months

Wednesday 8th December 2021
quotequote all
kingswood said:
to be served a 21 shows a breakdown in the relationship?

why do they want you out? unless they're selling there's no benefit to them. the process has already cost them money and time.
^^^ or the owner wants to live in it, sell with vacant possession or whatever.

The decent way to conduct yourself if you're going to "overstay" is to keep on paying the rent.

Psycho Warren

3,087 posts

142 months

Wednesday 8th December 2021
quotequote all
Paying the rent is a given. Its only scum class types who dont pay as they hve nothing to loose.

Catz

4,863 posts

240 months

Thursday 9th December 2021
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Psycho Warren said:
Paying the rent is a given. Its only scum class types who dont pay as they hve nothing to loose.
Not always!
My tenant was given 6 months notice to leave (Covid rules Scotland) because I want to sell. She was a reasonable tenant for a fair few years but after contacting Shelter she’s now refusing to leave, is still there 9 months after the notice to leave and is now not paying rent and ignoring any communication.
The pandemic appears to have given many a free for all. The govt in Scotland are not changing the 6 month notice to leave until March 2022, if they ever do.

Psycho Warren

3,087 posts

142 months

Thursday 9th December 2021
quotequote all
Catz said:
Not always!
My tenant was given 6 months notice to leave (Covid rules Scotland) because I want to sell. She was a reasonable tenant for a fair few years but after contacting Shelter she’s now refusing to leave, is still there 9 months after the notice to leave and is now not paying rent and ignoring any communication.
The pandemic appears to have given many a free for all. The govt in Scotland are not changing the 6 month notice to leave until March 2022, if they ever do.
If shes not a scum class nobody without a pot to piss in, then surely you will take her to court, ruin her credit history and seek an attachment to earnings or similar if she still refuses to pay?

So the fact she is not paying, points towards the "no pot to piss in" category and hence nothing to loose.

anonymous-user

83 months

Monday 13th December 2021
quotequote all
Catz said:
Psycho Warren said:
Paying the rent is a given. Its only scum class types who dont pay as they hve nothing to loose.
Not always!
My tenant was given 6 months notice to leave (Covid rules Scotland) because I want to sell. She was a reasonable tenant for a fair few years but after contacting Shelter she’s now refusing to leave, is still there 9 months after the notice to leave and is now not paying rent and ignoring any communication.
The pandemic appears to have given many a free for all. The govt in Scotland are not changing the 6 month notice to leave until March 2022, if they ever do.
The scally aka scum class who rents my kids house (in trust) has decided not to pay rent due to end of Nov, (+ 4 months half rent overdue due to helping out during 'the covids') phone disconnected, supposedly no longer works at previous employer. I've done a run past and all curtains drawn and cars gone. Seems the common thought on 'all tenants are scum even the decent ones' rings true.

Looks like I'll be be keeping the deposit and using the 'landlords insurance' for non payment of rent.

Scum is as scum is it seems.

Oh well at least it's hopefully still got the new boiler we put in last Christmas to keep him warm.