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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6369
Experience:  BA (Hons), PgDip, Practising Solicitor
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Hi, My name isXXXXX live in a private accomodation via

Customer Question

Hi, My name isXXXXX live in a private accomodation via one of the rental agencies. I have been served a section 21 that the landlord requires the accomodation back.
1. unfortunately my dad passed away in Africa and I have to be away to deal with the funeral etc during that time.
2. This has meant that I cannot raise the deposit for another accomodation.
3. I believe the property is been advertised for rent.
4. I appealed to them to extend the contract or give me some more time to deal with the personal issues and to raise money for the next deposit.
The agency has simply ignored me, saying the property is required. This has given me sleapless night and I am at a loss as to what to do. The last thing I want is to go to court to drag out on this issue etc
What are my rights in this situation?. Please help
Submitted: 1 year ago.
Category: UK Law
Expert:  Thomas replied 1 year ago.
Hi Peter,

When does the fixed term of the tenancy expire please, or has it already expired?

Tom
Customer: replied 1 year ago.

I took up the tenancy on 10/03/12, and it expires on 9/02/13. The agency gave me the letter on the 5/12/13, so I suppose they are within the 2 months period.


I had to sell my shares to raise the deposit then.


My father has passed away and I am required to be in Ghana (africa) end of january to prepare and perform the funeral rites.


 


I will not be able to raise another deposit within this short time.


I have not physically seen the property being advertised but another agency dropped a leaflet indicating the property being advertised


 


 


 


 


 

Expert:  Thomas replied 1 year ago.
Hi Peter,
Thanks for your patience.

I’m afraid that if you have received a validly served s21 notice which gives you two clear months notice with such notice to expire at the end of the tenancy then the notice will be sufficient for them to issue an application for an order for possession.

Once the notice has expired they will have to apply to Court. The court must then process the application then serve it on you. It should take between three days to a week for them to serve it on you and then you have a further 14 days to either submit a defence of accept the application.

Once you have done this then it is for the judge to either make the order for possession or to schedule a hearing. A hearing could be scheduled for anything between two/three weeks or 6 weeks.

When the judge makes the order for possession, whether as a result of a hearing or not, they will likely say that possession is granted about 28 days from the date of the order. If you have not left by the time stated in the order has expired then they can instruct bailiffs to physically remove you.

You are not likely to be able to defend the possession claim if you have been given the correct notice, but you see from the above that you will have a bit of time to sort out your finances.

Please remember to RATE my answer OK SERVICE, GOOD SERVICE OR EXCELLENT SERVICE or above if you are satisfied that you have received the correct legal advice (even if it is not the answer you wanted to hear), otherwise I do not receive any credit for answering your question.

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Kind regards,


Tom
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6369
Experience: BA (Hons), PgDip, Practising Solicitor
Thomas and 2 other UK Law Specialists are ready to help you
Customer: replied 1 year ago.

Thanks Thomas.


 


The situation will be difficult for me. I will be out of the country at that time, so I will not be available to be served, and then put up a defence etc etc. I am likely to be back by 15/03/13. So it's kindof difficult.


What I propose is to perhaps write a letter tp appeal to them to give me about months to sort my personal affairs and then move out then, this my help me when we are appear in front of the judge


Any suggestions?

Expert:  Thomas replied 1 year ago.
Hi Peter,

It may buy you some time, yes. If you were to pay the rent for the further period up front I woudl be a bit more confident about it.

Thanks for rating my answer.

Tom
Customer: replied 1 year ago.


Ok thanks for your help Tom.


I will leave the direct debit to go through.


 

Expert:  Thomas replied 1 year ago.
No problem. Good luck

Tom

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