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Hello! Finding a lot of conflicting information online so hoping for some advice. Our landlord is selling the property that we are currently renting, and they have had an offer and found a buyer. We are currently on an 18month fixed AST. Our tenancy end date is last week of March, but we won't be able to move into our new house until at least 1st April, maybe later depending on when the current occupier can move out. We've had our S21 through already and it states we need to be out on the last day of our tenancy (the notice is valid, we've checked everything), so we are now facing a week of nowhere to live and store all our belongings. I know that we are allowed to stay past our notice right up until we are evicted by the courts and as long as we pay rent it'll be a rolling tenancy, but the issue is that we don't want it to get to the stage of being taken to court as we can't afford to pay our LL legal costs. We have already told our landlord that we can't leave on time so they are well aware but refusing to grant an extension for 1 week because they say they need to please their new buyer. The buyer knows that the property is currently tenanted.
My question (I have not been able to find a clear answer so far) is: If our landlord applies for a posession order as soon as our S21 expires, but we are out within a week or two of that same notice expiring, will the case be dismissed by the court and as such no fees will be payable by us? Or will it still go through to the court and we will be seen to be in the wrong and therefore liable for all related costs.
Our estate agent has told us very firmly (I was crying on the phone to them as I really don't want to be in this position and not trying to be difficult) that if we are not gone by the date on our notice, the LL WILL take us to court and we WILL be liable to pay for not only their legal / court fees, but also liable for damages in the event their buyer pulls out of the sale due to the fact us as tenants have not vacated the property as expected. They know full well that we'll only be staying for an extra week, maybe two and will pay all the rent that is due to our LL while we live there. I am just struggling to understand what the process would be if our LL does go straight to court but we are already gone by the time the application is even approved / a hearing date is confirmed. I know that our LL has done all the right things from their side in terms of protecting our deposit, serving the correct notice etc., so I am nervous that if we do stay past our S21 notice, we will end up paying them thousands to them. Especially if they did somehow lose their sale as a result. But at the same time, surely if it's only a week or two the court won't see it as a valid case because they wouldn't ever need to grant any posession orders since the property will be vacant by the time the case gets to them. And, our LL made that decision to organise a sale and completion date that doesn't allow for any leeway with the current tenants (us).
Basically I am holding back from telling the estate agent that we will 100% be staying regardless of whether LL agrees. Before I state this I want to be confident that we will not be liable for anything if it turns nasty and they threaten court action. Thanks in advance, happy to answer any questions if needed.
My question (I have not been able to find a clear answer so far) is: If our landlord applies for a posession order as soon as our S21 expires, but we are out within a week or two of that same notice expiring, will the case be dismissed by the court and as such no fees will be payable by us? Or will it still go through to the court and we will be seen to be in the wrong and therefore liable for all related costs.
Our estate agent has told us very firmly (I was crying on the phone to them as I really don't want to be in this position and not trying to be difficult) that if we are not gone by the date on our notice, the LL WILL take us to court and we WILL be liable to pay for not only their legal / court fees, but also liable for damages in the event their buyer pulls out of the sale due to the fact us as tenants have not vacated the property as expected. They know full well that we'll only be staying for an extra week, maybe two and will pay all the rent that is due to our LL while we live there. I am just struggling to understand what the process would be if our LL does go straight to court but we are already gone by the time the application is even approved / a hearing date is confirmed. I know that our LL has done all the right things from their side in terms of protecting our deposit, serving the correct notice etc., so I am nervous that if we do stay past our S21 notice, we will end up paying them thousands to them. Especially if they did somehow lose their sale as a result. But at the same time, surely if it's only a week or two the court won't see it as a valid case because they wouldn't ever need to grant any posession orders since the property will be vacant by the time the case gets to them. And, our LL made that decision to organise a sale and completion date that doesn't allow for any leeway with the current tenants (us).
Basically I am holding back from telling the estate agent that we will 100% be staying regardless of whether LL agrees. Before I state this I want to be confident that we will not be liable for anything if it turns nasty and they threaten court action. Thanks in advance, happy to answer any questions if needed.
