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AST staying beyond notice period

Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
If you stay in a property after the date you are asked to vacate with a section something notice, how long can you expect to stay before the landlord gets a court order to evict you?
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Comments

  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    maybe you could just leave when your meant to?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    or I could stick a broom up your arse and walk you around like a silly little puppet?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well, I can't answer your question I'm afraid, but I'm curious as to why you wouldn't leave on the leaving date as agreed by you (I'm assuming it's you anyway) and your landlord?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I am going to leave when there is a court order to ask me to. I might leave sooner, if I had anywhere to go to.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    katralla wrote: »
    I am going to leave when there is a court order to ask me to. I might leave sooner, if I had anywhere to go to.


    thats not really the landlords problem is it? i get really fucked off when people seem to think they have a right to just stay somewhere they are not wanted, have you thought maybe other people are ready to move in? or maybe his trying to sell "HIS or Hers" house?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I DO have the right to stay there, it's perfetly legal. All I want to know is about how llong I can expect to stay there legally.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    why not do the right thing and leave when your meant to leave instead of being an asshole?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I am going to leave when I'm supposed to, when I get a court order, allI wanna know is how long I can expect it to take to get one. You are the asshole.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    so you think its fair staying in a house that isnt yours after your contact has run out?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well, I'm not sure that my contract legally has run out to be honest, so I will go to court and defend myself against that accusation.

    And anyway, yeah I think it's fair. I've been paying the mortgage on the place for years, I need somewhere to live, nothing wrong with staying where I am until it is illegal to do so.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    katralla wrote: »
    I am going to leave when I'm supposed to, when I get a court order, allI wanna know is how long I can expect it to take to get one. You are the asshole.

    No, you're supposed to leave when your contract is up. Like it or not. The landlord shouldn't have to get a court order. He's only having to get one because you're being selfish. He's already had to give you notice if he is going to apply for an order.

    I don't expect that there is any fixed period of time to get an order, because it would depend on how busy the court was, etc..
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well, I don't believet eh notice I've been given is leal for a start so, I'll be definitely defending myself against that in court if it goes that far. I don't think there's anythign wrong with being selfish enough to want to keep a roof over your and your family's heads- of courser that's selfish, it's called survival, so the fuck what?

    According to the advice by shelter on thesite I can stay until a court order is given, see http://www.thesite.org.uk/homelawandmoney/askthesiteqandas/housingqandas/loadsoflandlords all I'm trying to do is buy myself as mucg time as possible to find somewhere else to live. I've been a good tenant and just haven't had any luck yet finding somewhere else to move to.

    The council say they're willing to classify me as homeless or homeless within 28 days even though I haven't had a court order yet. They've contacted my landlord for me to say that they also don't agree that the notice I was given was served properly and that they ought to reissue me with a proper one, which would give me another two months to try to find soemewhere. Once my notice is up or I've been given a court order they are willing to house me as priority need, unfortunately they don't have any properties to house me in, not even any available emergency housing. I am seeing them agian on Monday as they're trying to find emergency housing, a space in bed and breakfast is the best I can expect for the next six weeks, if they can even find that...
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    katralla wrote: »
    Well, I don't believet eh notice I've been given is leal for a start so, I'll be definitely defending myself against that in court if it goes that far. I don't think there's anythign wrong with being selfish enough to want to keep a roof over your and your family's heads- of courser that's selfish, it's called survival, so the fuck what?

    And what you're doing isn't selfish?:confused:

    Why not look for something now and move out?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Fuck you melian, you can't even fill out forms for yourself or get yourself a job ffs! Yes, of course what I want is selfish, I want a roof over mine and my family's head. Do you have that? yes??? So, are you selfish??? huh??? Having a place to live is a basic human need, not really too much to ask for really.

    Obviously, I have been looking for somehwere else to live, there just hasn't been anywhere available yet.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Believe it or not, I was trying to be helpful.

    I'm not selfish because I hav somewhere to stay - my parents have paid for this house. (or are paying it off)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Well, I'm staying where I am as long as I legally can until I have somewhere to go too- how is that any more selfish than anyone else living where they live?
  • JsTJsT TheSite Graduate Posts: 18,265 Incredible Poster
    Wading into what is becoming into a big war I'd certainly say its normal to want to stay somewhere despite an order if you have nowhere else to go!

    Stay despite being asked vs. walking the streets. hmmmmmmmmm.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Obviously something has happened which means that katralla feels there is no option but to stay in her house against her landlord's wishes. I don't think it is fair of everybody to say that she is selfish for wanting to stay there, what if he kicked her out with little notice before the end of her contract? She has said multiple times that she doesn't believe her contract is up and yet people still keep saying that she has to leave when it is up.

    Katralla - I have no idea what the answer to your question is but I hope that you get everything sorted out soon. Whatever has happened, it can't be a very nice situation to be in.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I haven't had an order yet, just a dodgy notice, which might not even be legal. The legal notice required is a section 21. Now, I signed a section 21 on the same day I started the contract, whether that's legal or not... well, I presume it is unfortunately. The recent letter I had givng me notice was just a scrap of paper with no date and no details of tenancy on it and not even sent or signed by the landlady as per my contract, by her mother so hopefully there's some technicalitly that means they need to serve me another notice, buying me a bit more time to come up with something or the council even.

    If/when I get an order, I will leave...

    Not doing, or even intending to do anything illegal, not sure why other people think I'm being out of order but I don't suppose they'd do anything differently if they were in this position, unless they really didn't care for their own or their family's wellbeing at all.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    have you spoken to your landlord about your problems? they maybe able to help, so if i got a bit funny before but we have had problems with ex tennents that just wouldnt leave when there time was up and it does become a nightmare to try and sort it,

    what about seeing if your landlord has any other houses for rent?
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    According to various sites it could take between two to three months to get a court date after proceedings are started.

    I don't believe there's any specific form that a section 21 notice has to take, it just has to be in writing.
  • BunnieBunnie TheSite's sweetie pie Posts: 6,099
    Jesus Christ! Some people...

    She has explained she has a family to house, doesnt feel like she should be leaving legally and has admitted she has been looking for alternative accommodation, how the hell is she being selfish?

    I hope to God none of you are ever in a position which could result in you being homeless! FFS have a bit of compassion!

    Katralla, as Mist says a court date is likely to take a few months, but your best bet is to explain to landlord that you intend to defend it and see if you can negotiate something. I dont know the ins and outs but my fingers are crossed for you hun.

    If not, we have a spare room :naughty:
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Two months... that is good news as there are two local properties available towards the end of next month, as long as one of them will accept me...

    Staying on is only the worst case scenario, the council do actually have a legal obligation to find emergency accomodation for me, even though they told me thursday daytime that they had no emergency spaces, let alone suitable long term accomodation ffs! I know they have a couple of properties that are oversized for my needs that are vacant now (I can see them on their website), do you think there is a legal angle I can get them to let me have one between the date of the end of this contract and start of my new one?
  • BunnieBunnie TheSite's sweetie pie Posts: 6,099
    katralla wrote: »
    Two months... that is good news as there are two local properties available towards the end of next month, as long as one of them will accept me...

    Staying on is only the worst case scenario, the council do actually have a legal obligation to find emergency accomodation for me, even though they told me thursday daytime that they had no emergency spaces, let alone suitable long term accomodation ffs! I know they have a couple of properties that are oversized for my needs that are vacant now (I can see them on their website), do you think there is a legal angle I can get them to let me have one between the date of the end of this contract and start of my new one?

    I really dont know the intricate details of housing law, but I would assume that if they have properties available, whether they be big or small they should house you, even if it is just temporary. Did you mention that you had seen these houses? I have also heard that they can house you in a b and b if they need to, so you should have somewhere at least, but I know it is far from ideal.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Yeah, last time I was homeless they put us in a b&b, but according to the bloke at the council, they don't even have any spaces there atm... like, wtf? sigh He did say that if anything became available, the best I could hope for would be b&b. These places have loads of rough arse people in them and loads of crappy restrictions, no visitors, no washing clothes, no food in rooms, no cooking facilities.. How you are supposed to provide packed lunches for school or even have an evening meal, I don't know. Or wash your clothes (there is no laundrette in my town, the closest one to me is about 8 miles away at uni, what other people do, who knows?).

    Have another appointment to see him on Monday afternoon so I will bring it up about the other oversized properties. I did ask him about one or two of them that had age/age of child restrictions on them but he said they really can't do anything baout those as the restrictions were part of planning permission, I hadn't noticed the other oversized properties as I had previously only searched by two bedroom parameters on the website.

    Moving house sucks arse, all I am thankful for is that it has come in uni holiday time as I don't know how I would have coped with all this as well as uni and working.
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    katralla, housing is my mums area of expertise. ill ask her if shes got any advice for you
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Ok, cool, that would be helpful, pm me if she needs to know any more details...
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    Have you told the council of your mental health issues? I only mention it as for me I got told that if I got evicted the council are obliged to provide some type of housing (even if it's crap) as I'm a 'vunerable adult'. Not sure if that's relevant for you or not really but maybe it would help? I do hope you are okay, it must be so stressful for you, I am so impressed the way you see the positives in things and say oh well at least it happened out of term time and stuff :)
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    I already get priority housing status because of my daughter so no, I actually told the bloke that my health/medication/whatever was none of his business, to whic he raised an eyebrow but... it makes no difference so...
  • Former MemberFormer Member Posts: 1,876,324 The Mix Honorary Guru
    im pretty sure it works on a points basis, you get a point for having a child, another point for having mental health issues, etc etc. Most points wins. It would probably be in your interest for them to know
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