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Stuart J
Stuart J, Solicitor
Category: UK Bankruptcy Law
Satisfied Customers: 19615
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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My wife and I rent a flat and have received a Section 21(1)(b)

Resolved Question:

My wife and I rent a flat and have received a Section 21(1)(b) Notice Requiring Possession from our Landlords Agent.We received it on 23 May 2013.Do my wife and I have to sign it and return it to the agent by a certain time please.It states on the notice 'On expiry of this notice ..... after 28th July 'Can you help please !
Submitted: 1 year ago.
Category: UK Bankruptcy Law
Expert:  Stuart J replied 1 year ago.
Has your tenenacy expired?
Are you moving out? If not, why not? Thanks
Customer: replied 1 year ago.

Our Tenancy expires on 28th May 2013 but we have been unable to find a flat in time

Expert:  Stuart J replied 1 year ago.
When do you anticipate moving out?
Why does landlord want you out?
Customer: replied 1 year ago.

We don't know yet when we will be able to move out.We are looking for a flat.The Landlord did not want us paying the last months rent out of our deposit.

Expert:  Stuart J replied 1 year ago.
So why does he want you out?
Are you up to date with rent?
Any other issues or are you model tenants
Customer: replied 1 year ago.

Last months rent we wanted to take out of the deposit so we owe him last months rent.He did not want us to pay the last months rent out of the deposit and we have told him we cannot move yet as we have not found a suitable flat.

Expert:  Stuart J replied 1 year ago.
That doesnt answer my question as to why he wants you out?
Most landlords dont want empty property. why havent you paid rent if you havent yet got anywheer to move in to?

When did tenancy expire?
We need full background details please
Customer: replied 1 year ago.

The rent is too high here therefore we need to downsize and we need the last months rent amount for our next flat as a deposit.The tenancy expires 28th May 2013.

Expert:  Stuart J replied 1 year ago.
that tells me why you want to go but not why the landlord has asked you to go.
You can pay deposit of next flat from deposit from this one.
You are already in arrears by one month but appear to want to saty in the flat for now. what do you actually want to do?
I need full fine background details please.
Customer: replied 1 year ago.

The DPS has our deposit and it takes around 10 days to get it returned.The Landlord has served us this Section 21 notice because we are unable to pay the last months rent and we cannot move on the last day of the tenancy which is the 28th May.We have not found a flat to move to yet.

Expert:  Stuart J replied 1 year ago.

OK thanks. I am looking at this how a judge will.

As you knew tenancy was ending on 28 May, why didn't you arrange alternative accommodation earlier? Can you move out by 28 July?

Customer: replied 1 year ago.

We looked at flats earlier but none were suitable.My wife is asthmatic so we do not want any damp etc.Then one flat we thought was ok fell through.We should be able to get out by 28th July.Want to really know if we have to sign this Section 21(1) (b) it and return to our Agent .Is that the procedure to sign it (what date)and return it to our Agent.The Section 21 is dated 23rd May by our agent

Expert:  Stuart J replied 1 year ago.




There is no
absolute requirement for you to sign the notice and return it. Indeed, faced
with being thrown out of their house, many tenants simply ignore the notice in
any event. The next step is for the landlord to make an application to court
for possession (after 28 July) and if he gets the order for possession, then
make a further application to have you evicted, if you have not moved out. Each
application obviously costs money and he can ask the court to award those costs
against you which he can sue you for.

If he has not
protected the deposit in a tenants deposit scheme, this gives a defence to his
application for possession.



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Stuart J, Solicitor
Satisfied Customers: 19615
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street practice
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