Stories from those who stayed past the Section 21 date

[JustWonderingHere]

I’ve noticed that when people post about being served a Section 21, the advice is often very consistent: don’t panic, you don’t have to leave on the date given and stay until you’ve found somewhere or it goes to court. What we don’t seem to hear as often is what actually happened next.

Just wondered whether anyone here stayed past the date on their Section 21 and how it played out in real life, for example: how long you stayed, whether it went to court, whether the landlord withdrew it or how you eventually moved on?

I think hearing real examples might really help people who are currently going through it or renters who want to understand the process if it ever happens to them.

My friend owned a rental and had to sell it as part of her divorce. She served a notice. The man was told by the council to stay put until there was a court order. Rather than just go through the process and continue to pay his rent, he stopped paying it and trashed the place. It cost thousands to get him out and took around six months. Bailiff removal in the end. It was horrible.

As above although not trashed the place as such. Took 9 months. Had to move on one day with little notice, bailiffs came, it was stressful for them. Ended up in unpleasant emergency accommodation and we're left there for months. They had to pay all court landlords fees.

It’s pretty disgusting for people to not move

landlord has months of stress, costs etc to get them out of their own homes,

no wonder people don’t want to have a buy to let anymore - which will only act to increase rents and restrict available stock

We served a section 21 a long time ago (we rent out DH’s old flat) to an absolutely corrupt tenant. DH went to the property and put it through the letterbox, taking an independent witness (and took photos).
Because they were ‘caught’ in a fraudulent act which is why we chose to evict (and they were starting not to pay rent), they scarpered pretty quickly (and were subsequently jailed for other fraud they’d committed ). DH was threatened though by the husband, only via email at that point.
It was all very stressful.

Why would the landlord not continue the process? They need you out so you move! And why are you wondering at this late stage? You don’t actually think he’ll decide to let you stay do you, because if he’s served you a section 21 notice now it’s because he knows it’s valid and he will continue until you leave.

Councils might be telling people to sit tight but that’s completely irresponsible and they have already been challenged. Their behaviour will be scrutinised one day as it is a national scandal.

Youll have to pay your landlords court fees and you won’t get a reference.

From the landlords side of things, I've been through one where the council needed the section 21 to come to its end date, and next step of a court application for eviction processed. At that point they stepped in and offered alternative accommodation, without needing to go through the months of waiting for the courts or physical eviction/ bailiffs.
This was about 3/ 4 years ago, and is in a large city that I believe isn't quite so dire on the amount of properties available as other cities.

I believe a friend got to a similar stage, past the section 21 date but pre the courts date, and was bidding on council properties. She moved straight to a 3 bedroomed council house from her previous private rental property.

Another friend is going through it currently, and has just reached the end of her section 21 date. She's been told by the council that there is a severe shortage of 2 bedroomed properties in the area, and they're not eligible for a 3 bedroomed, so not allowed one even though they are more likely to be available. She's been warned she would probably need to stay in the privately rented property until the process had been gone through in the courts, and then would quite probably be in emergency accommodation. She has instead managed to secure another privately rented property, to move in the next couple of weeks.

You need to relax. You don’t know anything about me or my situation, so not sure why you’re talking about “this late stage.”

If you must know, my friend was served a s21 and the landlord revoked it actually, and wants her to stay, said he make a “mistake” and the rest of it.

Many landlords get things wrong and don’t serve s21 correctly or validly. Which is the case in my friend’s situation.

Pipe down, it’s only Monday.

We had tenants who stayed beyond the date of their section 21, which was served because of unpaid rent and general bad behaviour which involved the police. They stayed because they apparently had nowhere to go. They too were advised to stay by the council. They did eventually leave in order to skip the country so we never recovered our costs. Shockingly they contacted me some time later asking for a rental reference and were dumbfounded when I listed the costs they had incurred which outweighed any rent they had ever paid and why I wouldn’t give a positive referral to any future landlord. They apparently thought I had to legally give a good reference, rather like in the workplace. We’re still landlords but not for much longer, desperate for the day we can sell up.

Don't blame landlords when they sell up in their droves (as they are) in order to avoid this exact situation.

Councils will advise tenants to stay until the proper process for a court order is completed or otherwise suggest the tenant has left voluntarily but I agree, it can’t be nice for them.

This happened to a daughter of an old friend. She was moved into temporary accommodation, something that resembled an HMO, then into a 2 bedroom council house after a few months.

You “pipe down” 🙄

Imagine posting a thread to “help others who may be going through it in future” then going for the poster because they suggested that landlords will only be serving section 21s now if they are confident it’ll stand up to scrutiny and they are serious about it.

Yes, “at this late stage”. Because they’ve got the grand total of 72 hours left to serve one.

Fucking embarrassing 🤣🤣

I can't believe councils are still giving this advice

It's horrendous

Doesn't it cost about five grand to do the eviction? To say nothing of the stress. The waiting lists. For a court date are enormous or at least they were when I left London.

So in theory, you can go after your tenant for those costs can you? In practice I suppose that doesn't work often

The whole system is such a mess. I don't understand how we got here.

I also don't understand why anyone would be a landlord but I suppose we'll have fewer of them now

We own a few rental properties and have had some tenants who stayed past the date of the section 21. We have never stopped the process and I’ve never known any other landlords give up either. Sometimes the tenants have moved out a few weeks after without fuss, most times it’s ended up with bailiffs and a lot of stress for them. We have had scummy tenants cause deliberate damage to our properties.

Usually the only time a LL will 'stop the process' is if they realise the Section 21 hasn't been legally served.

I did. The landlord knew I was buying a property so I told him from the start that I wouldn't be ready to leave by the end of the s21 notice. Because he was a sensible chap he accepted that and I kept him up to date. As it was I left a month later (7 months after being served notice, Covid extension)

I am not sure what the point of this thread is however in light of the new law that comes into force on Friday. Things will change.

Mine did, he changed his mind (5 years prior to the eventual end of my tenancy in my post above) - his circumstances changed.

If you are relying on the council to rehome you after the serving of a S21, you have no choice but to stay put past the S21 date. The council simply will not help you if you don't.

I had 2 S21's in 2 years (both LLs said they were going to sell, but immediately relisted the properties to rent at much higher prices instead 🙄), I was able to pay for private accommodation (as I had for the previous 18 years but despite applying for literally any and every property going, I was never successful. Quite often the houses were let before I'd even made the phone call to the agent - often 30-50 applicants for each house. Luckily both times I found somewhere right on the deadline, so hadn't had to overstay - but if I'd needed to go for social housing, I would have had no choice but to stay - I would literally have had nowhere else to go.

I agree it's unfortunate for LLs not to be able to get their properties back when they want to but for tenants it's an impossible situation. I also think it's completely unfair that tenants are evicted on no fault warrants, not able to find alternative accommodation and then forced by the courts to pay the costs - when it's neither their choice to leave or stay.

I once stayed for 6 months after the s21. Still hadn't gone to court by that time (I think) but 6 months rent free allowed me to fund the move so I went.

People can't move out if there's nowhere to go

Why didn’t you pay the rent?

Why did you stop paying rent?

@millymollymoomoo

They are the homes of the tenants. They are the properties of the LL. We're not talking about squatters here.

A Section 21 notice is not an eviction and does not itself require a tenant to leave the property. It is simply a formal notice from the landlord indicating their intention to regain possession. The tenancy does not end when the notice is served and the tenant is not legally obliged to move out just because it has been issued. If the tenant chooses not to leave (for whatever reason), the landlord must apply to the court for a possession order. If the court grants that order and the tenant still refuses to vacate can bailiffs be instructed to enforce removal. Landlords should be aware that they will be unlikely to get their properties back on a date of their choosing, particularly in the current economic/housing climate.

'Pipe down'?!? Wow. You just won today's award for rudeness.

Because I had to move out in short order and couldn't afford that and the rent. Things were tight.