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My Section 21 Eviction Experience

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  • My Section 21 Eviction Experience

    Hello everyone,

    Last Tuesday 26th November I received an email from my agency saying they will require possession of my bedroom on 29th January 2020 at 11:00am, with attached an official Form 6A pulling a Section 21 notice that I eventually received in the post a few days later. This was completely unexpected and out of the blue.

    I have been living at this SW London address for almost three years, since April 2017; I always paid my rent on time, happily renewed my shorthold tenancy agreement in 2018 and 2019, and in both cases I accepted a rent increase as part of that agreement. My bedroom has been kept in immaculate conditions for the time I have been living here, as well as communal areas. I have been sharing this house with five other tenants who have become some of my closest friends, and who were not served such inexplicable eviction notice. They have been complaining with the agency and have written a formal letter asking to reconsider the situation, signed by all of them and set to be sent out tomorrow, Monday 2nd December.

    I have spoken with the agency over the phone three times since I received a Section 21 notice; I was given no explanation, no reasons whatsoever, but just a cold threat that they would take legal actions and see me in court should I refuse to leave the property on the morning of 29th January.
    They are well aware this is not an ideal time of the year for renting, as my agreement states I cannot give a 2-month notice to terminate the tenancy between 22nd November 2019 and 20th January 2020. They declined my request to kindly allow me to stay until the end of the agreement (13th April 2020).

    My bedroom has been listed online for viewings since the morning after I was given the ’no-fault’ eviction notice, on Wednesday 27th November, available to move in from 30th January at only £4 more than what I currently pay monthly.

    I am a 28 year old Italian professional who has been living in London since April 2016, hired by a PR firm with a permanent contract, and with an approved EU Settlement Scheme that should protect my rights for at least five years once the UK will officially leave the European Union.

    I am suddenly finding myself being evicted from my home of three years, with flatmates I absolutely love, and I just cannot find an explanation on why this is happening to me. As much as I am aware Section 21 is still a valid legal notice, this situation just feels terribly unfair; it cannot be right to evict a single person out of a house-share and give them no reasons for doing so, especially during Christmas time.

    I am reaching out to you all as I hope you can kindly help me to understand what I can do and what options I have to challenge the eviction, if any; as much as I am not sure whether the agency still deserves my money after such treatment, it might help me staying at least until the end of my tenancy agreement.

    I also hope my story will make people understand even more how ethically awful Section 21 can be, and how it urgently deserves to be ‘evicted'.

    Please let me know if you have any questions; I would be delighted to hear from you.

    All the best wishes,
    A.
    Tags: None

  • #2
    You don't have to leave on 29th January, have a read of this https://england.shelter.org.uk/housi...iction_process

    They would have to go to court to get a possession order and in the end Bailiffs to remove a tenant.

    Given you live in London the courts have such a back log it could take 3/4 months even longer for the case to get to court.

    I would take the s21 and all your tenancy paper work to a CAB, Shelter office, local law centre or Solicitor and check the s21 notice is Valid ?

    Search below using your postcode

    https://www.citizensadvice.org.uk/ab...tizens-advice/

    https://england.shelter.org.uk/get_help/local_services

    https://www.lawcentres.org.uk/

    Comment


    • #3
      Originally posted by 45002 View Post
      You don't have to leave on 29th January, have a read of this https://england.shelter.org.uk/housi...iction_process

      They would have to go to court to get a possession order and in the end Bailiffs to remove a tenant.

      Given you live in London the courts have such a back log it could take 3/4 months even longer for the case to get to court.

      I would take the s21 and all your tenancy paper work to a CAB, Shelter office, local law centre or Solicitor and check the s21 notice is Valid ?

      Search below using your postcode

      https://www.citizensadvice.org.uk/ab...tizens-advice/

      https://england.shelter.org.uk/get_help/local_services

      https://www.lawcentres.org.uk/
      The above post is excellent advice, a tenant served with a section 21 6A Notice, whilst attempting to seek alternative accommodation, should accept that only the Courts can grant the Landlord possession,so only vacate the rental premises when either you have found alternative accommodation,or the Court grants the Landlord possession.

      Over 60% of Section 21 Notices that arrive at Court, fail due to the Section 21 Notices being invalid, so follow the advice already given, take the Notice, tenancy agreement etc. etc. to your local CAB office for further advice.

      Comment


      • #4
        You have been there for three years did you sign a short hold tenancy agreement every time the term ended. If you didn’t and the tenancy was allowed to just continue, then it is classed as a periodic tenancy

        Section 21(4)(a)
        The section 21(4)(a) notice may only be served during a periodic tenancy (including statutory periodic tenancy) and has the following basic requirements:
        1. At least 2 months in length
        2. In writing
        3. Must expire after a date specified in the notice which is the last day of a period of the tenancyif in Wales. This also applies to England if before 1 October 2015
        4. Prescribed form if tenancy granted in England on or after 1 October 2015

        So double check to see if it’s the correct Section 21 if it isn’t then it will fail in Court

        If it isn't a periodic tenancy
        * Section 21(1)(b)

        The section 21(1)(b) notice may only be served during the fixed term and has the following basic requirements:
        • At least 2 months in length
        • In writing
        • Must not expire before the last day of the fixed term
        • Prescribed form if on or after 1 October 2015 in England
        Last edited by hawkuk; 29th January 2020, 21:13:PM.

        Comment

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