Served section 21 eviction notice — Scope | Disability forum
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Served section 21 eviction notice

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JoOfVengerberg
JoOfVengerberg Scope Member Posts: 497 Pioneering
Hi,

I was served a section 21 eviction notice (no fault) a couple nights ago. I didn't really see anything like this on the support pages so thought I would ask here.

My deadline for moving is 13th March and I'm really scared I won't be able to get anywhere even though I'm registered with my local council housing and have been bidding on properties.

What happens if I am unable to find a place before the time is up?

Thanks all. It's a scary time.
she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
«134

Comments

  • Kimmy87
    Kimmy87 Community member Posts: 317 Pioneering
    edited January 12
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    If you are unable to find anywhere then you stay put. 

    Only a court can order you to leave, so the March date is when the LL can start court proceedings, and there are backlogs across the system.

    Do update the Council with your latest circumstances and take any advice they give you, such is the demand on social housing and temporary accommodation generally they cannot help until baliffs have evicted, however as you are currently bidding the S21 should increase your priority.

    https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
  • Sandy_123
    Sandy_123 Scope Member Posts: 51,512 Disability Gamechanger
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    Hi @JoOfVengerberg I really hope you find somewhere soon,  as it's been said up date the council on your notice. 
  • Adrian_Scope
    Adrian_Scope Posts: 11,065 Scope online community team
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    Hello @JoOfVengerberg. Shelter would be a good place for you to find out your rights. Years ago when my eldest child was just a couple of months old we were in a similar situation and the council suggested as @Kimmy87 has said, that we'd have to stay put where we were and wouldn't have to move until a court order had been made. I don't know if that's still the case and Shelter would definitely be able to advise you on that.

    Please do update your council with the news, it should hopefully change your priority and put you higher when bidding. 
    Community Manager
    Scope
  • poppy123456
    poppy123456 Community member Posts: 54,675 Disability Gamechanger
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    First thing you need to do is check the S21 is valid, you can see some information here. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
    The S21 doesn't mean you have to leave the property by that date and your LL can't just evict you. They will need to go through the process of eviction first, which would be court. The process of eviction can take quite some time.

    As you have your name down on the soical housing list i would speak to them too.  There's some information about this in the link above. There's also more information here. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

    If you move out by the eviction date and you have no where to live then they could say you made yourself intentionally homeless.

    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
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    Hi everyone who commented, thank you! Just an update to say I am working with a housing officer so I have a bit of support in this. Not how I saw the first part of the year going but oh well. Thanks for your support.
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • Beaver79
    Beaver79 Community member, Community Co-Production Group, Scope Member Posts: 20,961 Disability Gamechanger
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    Hi @JoOfVengerberg I am glad you have some support. Fingers crossed you find some where. Take care.
  • onebigvoice
    onebigvoice Scope Member Posts: 757 Pioneering
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    First thing you need to do is check the S21 is valid, you can see some information here. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
    The S21 doesn't mean you have to leave the property by that date and your LL can't just evict you. They will need to go through the process of eviction first, which would be court. The process of eviction can take quite some time.

    As you have your name down on the soical housing list i would speak to them too.  There's some information about this in the link above. There's also more information here. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

    If you move out by the eviction date and you have no where to live then they could say you made yourself intentionally homeless.

    Hello JoOfVengerberg.
    Sorry to hear you are having to go through this, but read again what Poppy has said as this is correct.
      Also just to mention the laws for "eviction" whether private rental or Council changed in April 2023.
    This came about from a previous hearing that stated that there is NO LONGER A THING CALLED A SECTION 21 NOTICE TO QUIT. it has been superceeded, I went to the HUB near me where the council attend every day and they will instruct you on what to do next.  My section 21 gave a spacific date to leave and on asking found out that you, as stated can wait for the case to go to court, but it should have still contained a reason for the repossesion.
      If you are not sure they will do that for you.
    They could be asking because of the end of the tennancy agreement, or that they intend to put the rent up, either way there must be grounds for the eviction.  It could be a simple amicable arrangement that the rent per month needs to be increased, and if this is the case it still has to go through, in my case Rent Smart Wales who will assess the property and look at your income and expendature to help see if the property is affordable or not.
      Don't worry, there is plenty of information about, and you have done the right thing by asking.
      Let us know how you get on if there is not a Hub near you then ring the council to get an appointment to talk about the reasons.   Ceck out those links or google What is a section 21 and can it be applied?  It also lists advice their, you can use the Library Computers for free all you need is a library card which takes seconds to get.
  • Sandy_123
    Sandy_123 Scope Member Posts: 51,512 Disability Gamechanger
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  • Albus_Scope
    Albus_Scope Posts: 4,439 Scope online community team
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    Best of luck @JoOfVengerberg, I'll be keeping everything crossed for you.

    Signed,

    Albus of Kaedwen. :)
    Albus (he/him)

    Online Community Coordinator @ Scope

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    Opinions expressed are solely my own.
    Neurodivergent.
  • Ada
    Ada Scope Member Posts: 14,916 Disability Gamechanger
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    @Albus_Scope  Albus of Kaedwen Interesting 
  • Ada
    Ada Scope Member Posts: 14,916 Disability Gamechanger
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    Hi @JoOfVengerberg Your in my thoughts 
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
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    Hello lovely people, just an update. Unfortunately not a good one. Devon Home Choice is late with my application (mine was 11th Jan, they are on 5th Jan) and my housing officer has stopped responding to emails. It's been 11 days. I've emailed my local MP. Private places are turning me down because I don't meet affordability criteria / they don't take DSS and I feel like I am bashing my head against a wall. Feeling very devalued as a person and kind of hopeless. I have 4 weeks until the eviction notice deadline and the landlord having to go to court etc.
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • poppy123456
    poppy123456 Community member Posts: 54,675 Disability Gamechanger
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    You don’t have 4 weeks to leave your home. Your landlord can’t evict you, only a court can do that. It can take many months for them to take it to court. 

    I’d advise you to stay put for now because if you move out on the date your landlord has given then your LA can tell you that you made yourself intentionally homeless. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
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    Thank you Poppy 🖤
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • Rosie_Scope
    Rosie_Scope Posts: 2,386 Scope online community team
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    Sorry to hear things aren't much better @JoOfVengerberg. I hope your MP is helpful and can get things moving for you. 

    Have you had any luck with Citizen's Advice or Shelter?
    Rosie (she/her)

    Online Community Coordinator @ Scope

    Concerned about another member's safety or wellbeing? Flag your concerns with us.
    Want to give us feedback? Complete our feedback form now.
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
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    Sorry to hear things aren't much better @JoOfVengerberg. I hope your MP is helpful and can get things moving for you. 

    Have you had any luck with Citizen's Advice or Shelter?
    Thanks Rosie,

    No luck really. Shelter just advised to go through the homeless team. I don't feel supported by my housing officer though. I hope I can find somewhere, I have had to pause my PhD. 
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
    Options
    Ada said:
    Hi @JoOfVengerberg Your in my thoughts 
    Thank you Ada x
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
    Options
    Best of luck @JoOfVengerberg, I'll be keeping everything crossed for you.

    Signed,

    Albus of Kaedwen. :)
    *raises mug of Kaedweni stout* cheers!
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • JoOfVengerberg
    JoOfVengerberg Scope Member Posts: 497 Pioneering
    Options
    First thing you need to do is check the S21 is valid, you can see some information here. https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/if-you-get-a-section-21-notice/
    The S21 doesn't mean you have to leave the property by that date and your LL can't just evict you. They will need to go through the process of eviction first, which would be court. The process of eviction can take quite some time.

    As you have your name down on the soical housing list i would speak to them too.  There's some information about this in the link above. There's also more information here. https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

    If you move out by the eviction date and you have no where to live then they could say you made yourself intentionally homeless.

    Hello JoOfVengerberg.
    Sorry to hear you are having to go through this, but read again what Poppy has said as this is correct.
      Also just to mention the laws for "eviction" whether private rental or Council changed in April 2023.
    This came about from a previous hearing that stated that there is NO LONGER A THING CALLED A SECTION 21 NOTICE TO QUIT. it has been superceeded, I went to the HUB near me where the council attend every day and they will instruct you on what to do next.  My section 21 gave a spacific date to leave and on asking found out that you, as stated can wait for the case to go to court, but it should have still contained a reason for the repossesion.
      If you are not sure they will do that for you.
    They could be asking because of the end of the tennancy agreement, or that they intend to put the rent up, either way there must be grounds for the eviction.  It could be a simple amicable arrangement that the rent per month needs to be increased, and if this is the case it still has to go through, in my case Rent Smart Wales who will assess the property and look at your income and expendature to help see if the property is affordable or not.
      Don't worry, there is plenty of information about, and you have done the right thing by asking.
      Let us know how you get on if there is not a Hub near you then ring the council to get an appointment to talk about the reasons.   Ceck out those links or google What is a section 21 and can it be applied?  It also lists advice their, you can use the Library Computers for free all you need is a library card which takes seconds to get.
    I thought I replied to this sorry, thank you!
    she/her, PhD student (disability fiction + cure), cerebral palsy + fibro
  • poppy123456
    poppy123456 Community member Posts: 54,675 Disability Gamechanger
    Options
    Sorry to hear things aren't much better @JoOfVengerberg. I hope your MP is helpful and can get things moving for you. 

    Have you had any luck with Citizen's Advice or Shelter?
    Thanks Rosie,

    No luck really. Shelter just advised to go through the homeless team. I don't feel supported by my housing officer though. I hope I can find somewhere, I have had to pause my PhD. 
    Very often the homeless team won’t do anything until you’re actually evicted by a court. 

    Its difficult out there for us on benefits because most landlords refuse us. Not only that the rent in most areas is ridiculously high and the LHA doesn’t cover the rent, another reason for LLs to refuse DSS tenants based on affordability. 

    I’m not sure what a local MP can do in this situation to be honest. I hope you find somewhere soon and certainly know and understand what you’re going through. I’ve been in this situation myself a couple of times. 
    I would appreciate it if members wouldn't tag me please. I have all notifcations turned off and wouldn't want a member thinking i'm being rude by not replying.
    If i see a question that i know the answer to i will try my best to help.

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