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AST staying beyond notice period
Former Member
Posts: 1,876,323 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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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?
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.
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..
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...
And what you're doing isn't selfish?
Why not look for something now and move out?
Obviously, I have been looking for somehwere else to live, there just hasn't been anywhere available yet.
I'm not selfish because I hav somewhere to stay - my parents have paid for this house. (or are paying it off)
Stay despite being asked vs. walking the streets. hmmmmmmmmm.
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.
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.
what about seeing if your landlord has any other houses for rent?
I don't believe there's any specific form that a section 21 notice has to take, it just has to be in writing.
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
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.
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.