section 21

[leedthered]

Hello I have been in a house with my partner and 4 children for 4 months , we had six month tenancy. The landlady has now sold the house and issued us with a section 21 and is also hassling us to sign it and return it. I think it seems strange asking us to sign it.
What I would like to know is do we legally have to sign this as I believe she is just trying to get us to do this to get us out quicker.
We are willing to move but not till we have found another property 1st.
Thankyou in advance

[PlanB]

Re: section 21

No you don't have to sign a Section 21 Notice. It's a Notice served on you by your Landlord who needs to prove what date it was served if they want to take possession of the property. Don't sign anything.

If you have a six month assured shorthold tenancy agreement then you have no legal right to stay beyond that end date. However if you don't agree to go voluntarily then your Landlord cannot come round to the property to throw you out, they will have to make an application to the court for a possession order.

This will result in a court hearing which can take about two months to list. At the hearing the judge will grant the possession order because Section 21 is a 'no fault' claim. In other words the Landlord doesn't have to give a reason for seeking possession such as rent arrears or breach of contract because the Landlord is entitled to have their property back after the date specified on the AST.

At the hearing you will be given a date for when the possession is granted. The maximum delay to that is 42 days from the date of the hearing. Since you have small children and have nowhere to go you will most likely be given the maximum time available.

Then if you still don't go on that date the Landlord has to make another application to the court for an Eviction Warrant which takes even more time to achieve.

I don't know your financial circumstances but this situation may work to your advantage if you are on a low or no income because you will be given priority housing by your council in the event of a possession order being granted since you have 4 children. I can tell you more about that if you think it's relevant.

[The Listener]

Re: section 21

With a Section 21 Notice the landlord can apply for an Accelerated Possession Order which is dealt with on paper (no hearing) and unless the Notice was served incorrectly or formed incorrectly then the Judge will order possession. I have had some go through in four weeks, it all depends on the time of the year and how busy the court is.

[PlanB]

Re: section 21

With a Section 21 Notice the landlord can apply for an Accelerated Possession Order which is dealt with on paper (no hearing) .

That's not exactly true. The Tenant can file a Defence within 14 days of receiving the possession summons and there will be a hearing in the county court before any order can be granted.

[enaid]

Re: section 21

A simple explanation on here http://www.landlordlawblog.co.uk/201...erved-on-them/