Section 21 has expired
Hi everyone,
I have been renting privately for 12 years on a ground floor flat. I have CMT4a and I am wheelchair bound with no finger movement due to progression of disability.
I have recently been served a section 21 as the landlord is selling up so i have to move. It expired on 29th of May and I have been in touch with council and bidded on properties but never heard back from the council, so i figured I had not been successful.
My Landlord told me that when he does apply for court proceedings that I will have to cover costs and it could be a lot. I asked the lady dealing with my case from the council about this and she said it is true but that the council might cover the costs but she wasn't sure. She didn't tell me about the added costs I could be facing if I stayed in the flat, so my question is does the council cover the costs once my landlord does apply for courts to be involved or do I have to pay it?
Also I spoke to the lady from the council and she says she will chase up the bids I had put in and to see if she can get something sorted.
I am not sure what to do as thankfully my landlord has said he will hold off for now in involving courts etc, but if no accommodation is found for me that suits my needs then I could end up paying the court, solicitor, etc fees when he moves forward with it, which I can not afford.
Will the council cover these costs if it comes down to it?
Thanks
Anwar
Comments
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I would suggest you get advice from an independent service such as Shelter or Citizens Advice.
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Would legal aid be able to help if the situation progresses?
Wish you all the best in this.
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do those discretionry housing payments work for this?
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Hi Anwar, twelve years in a ground-floor flat that actually works for you, and now you're being asked to start over. That's a horrible position, and the cost worry on top of it is a lot.
One thing worth saying plainly: a Section 21 expiring doesn't mean you have to be out. Your landlord still has to go to court for a possession order, and if he uses the accelerated route there's usually no hearing and the costs are capped, a court fee plus limited fixed solicitor costs, not some huge open-ended bill. Staying until there's an actual order is normal, and it's often exactly what councils advise so you're not treated as having made yourself homeless.
On the council side, push them on the homelessness duty, not just the bidding. As a wheelchair user you've a strong case for priority need, and a council OT assessment can evidence your access needs and lift your banding for a level-access home. Shelter (0808 800 4444) will confirm the cost position in writing too, which takes the pressure off. Have you been told which homelessness "duty" stage you're at, or just put on the bidding list?
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