A Section 21 is NOT a "Notice to Quit". It is a "Notice of Seeking Possession". An NtQ legally ends a tenancy, e.g. where a tenant gives their own notice, whereas a Section 21 is merely a request for the tenant to leave AFTER the named date and has no legal effect until a judge awards possession.
hi, I work in this sector, and I've seen all of this in practice. One thing the media never really picks up on is that the initial process of a section 21 is designed to be an amicable process with a low cost to the landlord and ultimately the tenant. It's only when the initial notice isn't complied with that the landlord will start inuring third party costs (court costs, solicitor, bailiffs etc) and a landlord will usually ask for costs to be awarded at court. We've had cases where tenants would of had deposits returned had it not been for the court process that the local authority made them go through. I do wonder whether this has been considered when scraping section 21, that if an eviction is deemed to be lawful, that a landlord could ask for their, likely increased costs be covered from the start of the process.
Thank you for this. I think it's absolutely awful people have to be so clued up on this and having to study the laws in order to be helped. I'm beginning to feel this is the real reason why we have so many homeless people. If you're not smart enough or struggle mentally, you fall through the cracks. I'm dealing with this situation right now, am mentally unwell, but luckily smart. Yet it's another struggle on top of another struggle. What if I don't find a place (private ) in time? What if the council can offer only a hotel room or b&B or whatever? I have a lot of stuff and a reptile. I wouldn't be able to deal with the separation or sofa surfing. I'd rather die.
Hiya, I will take this question anonymously to the livestream on the 9th Jan 2025. You don't need to watch it live - the recording can be watched afterwards in the 'live' section of the channel.
I got possession from the court i already told to the homeless. Their's a person who look my case he said you can't get counsel house you need to look private ifyou don't i m going to close your application. I just depressed of that every week he rang me
Cheers for advice . This is so new to us just find it hard saying the right things and getting our point accross. Hopefully i take some of this on board next time the housing officer calls. Thank you.
yeah just remember it's all a legal process so doing everything in writing is far superior to speaking to them on the phone. Always get the officer's name and email address and follow up any phone calls with an email to confirm what was / wasn't said
Hi could you help me please, my Sister in law was given a section 21 but was told not to leave by the council, now she as received a letter from her landlord saying he is taking it through the court and given her a bill for £430, she as lived in the property for seven years, alway's been a good tenant, she is a 70 years old pensioner, and is in poor health, and as much as the landlord wishes her to leave, she in turn wants to leave, but the process is so slow, my question is, it correct that she has to pay the landlords court fees upfront? it might as well 430 million the poor lass is penniless, thank you for your time patience.
Hiya, I will take this question anonymously to the livestream at 7.30pm tonight (5th December 2024). You can watch it live or you can watch the recording which will be in the 'live' section of the UA-cam channel.
Hi, Today I received a section 21 notice ( FORM 6A) & it says that I have to leave the property by 14th march 2025. Which will be in the next 2 months . I am currently 6 months pregnant & by the time the landlord wants me out I’ll be heavily pregnant . I also have 1 year old & 6 year old. I have informed the council of this & have tried to apply for a homelessness application as I’ve received the section 21 but they said they can’t help me until the Bailiffs come to remove me & kids from house . Then they will help us . I wanted to apply now for homelessness as I will be heavily pregnant & have two young children . What could you advise I do ?
Hiya, I'll take this question anonymously to tomorrow's livestream Q&A session (16th Jan at 7.30pm). You don't need to watch it live, it's recorded, you'll be able to find it in the live section of the channel any time afterwards. In the meantime, watch these two videos and take note of the steps I set out: ua-cam.com/video/mONXm7pOH4o/v-deo.html ua-cam.com/video/bb7t8TfWknc/v-deo.html
How do we train to become an advocate in this area? I'm currently battling horrendous disrepair and retaliatory eviction and I've had to do what is essentially a crash course in housing law and rights to fight my corner. I'd like to consolidate and expand on this knowledge, so that I can put it to good use to support others. Obviously this is going to take solid training and supervision and I'm not sure where to start. Any signposting would be greatly appreciated.
There's not a set qualification as such - experience is probably more useful although the Chartered Institute of Housing does do qualifications which would be relevant.
Is there some sort of template I can use as a base for the complaint. I have a section 21 currently overstaying on relief duty. Trying to avoid court costs with no defence and council told me to wait till bailiffs. Me and 2 children autistic and I have physical disabilities we as a family wouldn’t cope with the trauma of court eviction let alone the debt when I can’t work!
Have a look at this video about using ChatGPT to write complaints. If you use the bare bones of the info about the video about bailiffs it should get you 90% of the way there: ua-cam.com/video/3ilunZ5GL5Y/v-deo.html
Omgosh that’s the best thing since Clive’s bread. I find writing letters and complaints really difficult so will likely use that a lot in future. Never used it before and that made it aoooo much easier!
I’ve got a section 21 notice at the. Going through process with council housing. Have been told to look for private property to as I am not high on priority. Letting agencies will not accommodate because I don’t earn £30,000 a year! Do you have any advice on this?
Hiya, I will discuss this question anonymously in tonight's livestream (28th November 2024). You don't need to watch it live, you can watch the recording in the 'live' section of the channel videos.
Same position im here,i got from agency (their email saying apply for a claim possession order)dont say from when the date ..and the councile 3 month i been waiting a reply..same they said to not leave verbal,as i will make myself intentionally homeless...
Hello, I am under Enfield council and the chief executive officer has resigned (December 2024) and I am unable to find information on who will be the next CEO. How shall I find this information?
You might try this guy www.enfield.gov.uk/news-and-events/2024/09/new-leader-of-enfield-council-announced#:~:text=Cllr%20Ergin%20Erbil%2C%20Leader%20of%20Enfield%20Council.
I recieved court poaaesion order to leave my property by 29th of July and housing officer who called me, asked me to stay until bailiff comes? I got 2 children and wife so does that means I am in priority need? Also, does this bailiff possession order affects credit score or future mortgage application? Any advice or suggestion would be appreciated.
What heppens if my landlord never put my deposit in a deposit bond scheme within the 30 days. Can my landlord put it in after I have been a tennant 7 years ?
Well said this is all spot on and i fully understand that housing officers should not say stay until bailiffs come however when i questioned this- the response I got was "you will be making yourself intentionally homeless if you leave"
did they put that in writing or just say it? If they just said it I would email them and ask them to confirm their advice in an email. I doubt they will put that in writing.
@@homelessnessbestpractice Hi, my housing officer did not put it into writing. I've sent several emails across and heard back only once to fill out my personal housing plan known as PHP. That was the only thing I had in writing. Unfortunately, the relief duty has not yet kicked in. The council have said we must keep you in your home as long as possible because homes are not currently available. It's ashame. In West midlands, I've contscted through numerous emails to the main department (not just my housing officer) and again I've had no reply. I'm afraid I will be lost in the system. The last time I heard from my housing officer was when she told me she's going on holiday for a while. My notice expires next week. I have to deal with my landlord alone and then figure out the possession order steps. Thank you for all your help, at this scary, lonely extremely difficult point-you have been a great guide and very informative. Update: Also I downloaded then quoted the code of guidance to the Council in my email and had no reply. I then got a call from my housing officer and she told me the council is telling the Housing officers to say this to tenants. She didn't want to put this in writing and she rang me after her working hours just to tell me that this is what is happening in the system. Instead of putting money into housing- the council's are spending it all on temporary accommodation. It's very worrying because she said most likely I should expect to be put into temporary accommodation.
Ive been told that the council have placed me on relief duty for me and my 3 dependant children but they are saying they wont make me an offer until the day the possession order orders me to vacate - which means I have no idea where I am going and what to with my belongings. Can they do this?
I can't add any more to what I said in the video - which is basically complaint to the Council CEO, quote the code of guidance I mentioned in the video, and copy in all relevant politicians to the correspondence (title the email 'formal complaint')
Can a county court bailiff force entry for a section 21 possession order if the tenant doesn’t open the door? If not, can a high court enforcement officer force entry?
Hiya, I will discuss this question anonymously in tonight's livestream (28th November 2024). You don't need to watch it live, you can watch the recording in the 'live' section of the channel videos.
We have been served with Section A6 from 1st August til 5th October .... our new property is not available until end November do we tell Estate Agents this now and indicate we are not leaving or leave it until sometime later... thanks for your help
Good afternoon, I have gone through the first 3 steps, I have a section 21, I am named homeless, I have been taken to court without a reason ( I need to pay the court even when I didn’t attended), I have received a possession order, we have gone to the council but they have told us to wait for the bailers letter, we have gotten little to no help. I am very unassured on what to do and what to say. Is there any way you could give advise? Please and sorry for bothering.
Hi my dad received the section 21 letter and he was told to leave by April 2024 but he Still hasn’t left. And since that letter came he hasn’t received another after April. Is that normal or has the landlord forget about the eviction and he has changed his mind? Or will there be another letter coming in?
The Local Government and Social Care Ombudsman, but first you'll have to go through the council's complaints process - check out this video for more info: ua-cam.com/video/mONXm7pOH4o/v-deo.html
What steps can I take to ensure the safety and well-being of my family, including two young children, given that I've been served a Section 21 notice and have a disability? The council has advised me to wait for a bailiff to assist with emergency accommodation, but they are unable to apply for temporary accommodation until the date on the Section 21 notice. What options do I have in this situation to secure suitable housing for my family?
I can't add any more to what I said in the video - which is basically complaint to the Council CEO, quote the code of guidance I mentioned in the video, and copy in all relevant politicians to the correspondence (title the email 'formal complaint')
I just watched a video on the renter reform Bill which has been soo useful and helped my renter anxiety and instability. The advice c9mes from a former lawyer who is now a landlord Suzanne indie landlord i think her channel is i think you will like it. 👍
A Section 21 is NOT a "Notice to Quit". It is a "Notice of Seeking Possession". An NtQ legally ends a tenancy, e.g. where a tenant gives their own notice, whereas a Section 21 is merely a request for the tenant to leave AFTER the named date and has no legal effect until a judge awards possession.
thanks for the clarification Peter
hi, I work in this sector, and I've seen all of this in practice. One thing the media never really picks up on is that the initial process of a section 21 is designed to be an amicable process with a low cost to the landlord and ultimately the tenant. It's only when the initial notice isn't complied with that the landlord will start inuring third party costs (court costs, solicitor, bailiffs etc) and a landlord will usually ask for costs to be awarded at court. We've had cases where tenants would of had deposits returned had it not been for the court process that the local authority made them go through. I do wonder whether this has been considered when scraping section 21, that if an eviction is deemed to be lawful, that a landlord could ask for their, likely increased costs be covered from the start of the process.
Thank you for this. I think it's absolutely awful people have to be so clued up on this and having to study the laws in order to be helped. I'm beginning to feel this is the real reason why we have so many homeless people. If you're not smart enough or struggle mentally, you fall through the cracks.
I'm dealing with this situation right now, am mentally unwell, but luckily smart. Yet it's another struggle on top of another struggle. What if I don't find a place (private ) in time? What if the council can offer only a hotel room or b&B or whatever? I have a lot of stuff and a reptile. I wouldn't be able to deal with the separation or sofa surfing. I'd rather die.
Hiya, I will take this question anonymously to the livestream on the 9th Jan 2025. You don't need to watch it live - the recording can be watched afterwards in the 'live' section of the channel.
Thank you i will watch 5 times for it to sink in. We need more like you.
I got possession from the court i already told to the homeless. Their's a person who look my case he said you can't get counsel house you need to look private ifyou don't i m going to close your application. I just depressed of that every week he rang me
Cheers for advice . This is so new to us just find it hard saying the right things and getting our point accross. Hopefully i take some of this on board next time the housing officer calls.
Thank you.
yeah just remember it's all a legal process so doing everything in writing is far superior to speaking to them on the phone. Always get the officer's name and email address and follow up any phone calls with an email to confirm what was / wasn't said
Thank you for your help mate
thank you
You're welcome
Hi could you help me please, my Sister in law was given a section 21 but was told not to leave by the council, now she as received a letter from her landlord saying he is taking it through the court and given her a bill for £430, she as lived in the property for seven years, alway's been a good tenant, she is a 70 years old pensioner, and is in poor health, and as much as the landlord wishes her to leave, she in turn wants to leave, but the process is so slow, my question is, it correct that she has to pay the landlords court fees upfront? it might as well 430 million the poor lass is penniless, thank you for your time patience.
Hiya, I will take this question anonymously to the livestream at 7.30pm tonight (5th December 2024). You can watch it live or you can watch the recording which will be in the 'live' section of the UA-cam channel.
@@homelessnessbestpractice Thank you and your colleagues for your advice, appreciated
Hi, Today I received a section 21 notice ( FORM 6A) & it says that I have to leave the property by 14th march 2025. Which will be in the next 2 months .
I am currently 6 months pregnant & by the time the landlord wants me out I’ll be heavily pregnant . I also have 1 year old & 6 year old.
I have informed the council of this & have tried to apply for a homelessness application as I’ve received the section 21 but they said they can’t help me until the Bailiffs come to remove me & kids from house . Then they will help us .
I wanted to apply now for homelessness as I will be heavily pregnant & have two young children . What could you advise I do ?
Hiya, I'll take this question anonymously to tomorrow's livestream Q&A session (16th Jan at 7.30pm). You don't need to watch it live, it's recorded, you'll be able to find it in the live section of the channel any time afterwards.
In the meantime, watch these two videos and take note of the steps I set out: ua-cam.com/video/mONXm7pOH4o/v-deo.html
ua-cam.com/video/bb7t8TfWknc/v-deo.html
How do we train to become an advocate in this area? I'm currently battling horrendous disrepair and retaliatory eviction and I've had to do what is essentially a crash course in housing law and rights to fight my corner. I'd like to consolidate and expand on this knowledge, so that I can put it to good use to support others. Obviously this is going to take solid training and supervision and I'm not sure where to start. Any signposting would be greatly appreciated.
There's not a set qualification as such - experience is probably more useful although the Chartered Institute of Housing does do qualifications which would be relevant.
Is there some sort of template I can use as a base for the complaint. I have a section 21 currently overstaying on relief duty. Trying to avoid court costs with no defence and council told me to wait till bailiffs. Me and 2 children autistic and I have physical disabilities we as a family wouldn’t cope with the trauma of court eviction let alone the debt when I can’t work!
Have a look at this video about using ChatGPT to write complaints. If you use the bare bones of the info about the video about bailiffs it should get you 90% of the way there: ua-cam.com/video/3ilunZ5GL5Y/v-deo.html
Omgosh that’s the best thing since Clive’s bread. I find writing letters and complaints really difficult so will likely use that a lot in future. Never used it before and that made it aoooo much easier!
Who should I send the complaint to? The main housing solutions email address? And subject it as formal complaint for manager?
@@ryleyandcobymadness6234 Have a look at this video - it's worth following the steps set out in it: ua-cam.com/video/mONXm7pOH4o/v-deo.html
Nice one.
I’ve got a section 21 notice at the. Going through process with council housing. Have been told to look for private property to as I am not high on priority. Letting agencies will not accommodate because I don’t earn £30,000 a year! Do you have any advice on this?
Hiya, I will discuss this question anonymously in tonight's livestream (28th November 2024). You don't need to watch it live, you can watch the recording in the 'live' section of the channel videos.
Same position im here,i got from agency (their email saying apply for a claim possession order)dont say from when the date ..and the councile 3 month i been waiting a reply..same they said to not leave verbal,as i will make myself intentionally homeless...
Thankyou
Hello, I am under Enfield council and the chief executive officer has resigned (December 2024) and I am unable to find information on who will be the next CEO. How shall I find this information?
You might try this guy www.enfield.gov.uk/news-and-events/2024/09/new-leader-of-enfield-council-announced#:~:text=Cllr%20Ergin%20Erbil%2C%20Leader%20of%20Enfield%20Council.
I recieved court poaaesion order to leave my property by 29th of July and housing officer who called me, asked me to stay until bailiff comes? I got 2 children and wife so does that means I am in priority need? Also, does this bailiff possession order affects credit score or future mortgage application? Any advice or suggestion would be appreciated.
I will take this to the livestream tonight (25th July 2024) to try to answer it there.
@@djnoyon When did they give you the court possession order?
@@Pyrrhic537 I received on the 17th of July to go out from house on the 29th of July.
Hi I got same question, does this affects credit score or a future mortgage application?
What heppens if my landlord never put my deposit in a deposit bond scheme within the 30 days.
Can my landlord put it in after I have been a tennant 7 years ?
Well said this is all spot on and i fully understand that housing officers should not say stay until bailiffs come however when i questioned this- the response I got was "you will be making yourself intentionally homeless if you leave"
did they put that in writing or just say it? If they just said it I would email them and ask them to confirm their advice in an email. I doubt they will put that in writing.
@@homelessnessbestpractice Hi, my housing officer did not put it into writing. I've sent several emails across and heard back only once to fill out my personal housing plan known as PHP. That was the only thing I had in writing. Unfortunately, the relief duty has not yet kicked in. The council have said we must keep you in your home as long as possible because homes are not currently available. It's ashame. In West midlands, I've contscted through numerous emails to the main department (not just my housing officer) and again I've had no reply. I'm afraid I will be lost in the system. The last time I heard from my housing officer was when she told me she's going on holiday for a while. My notice expires next week. I have to deal with my landlord alone and then figure out the possession order steps. Thank you for all your help, at this scary, lonely extremely difficult point-you have been a great guide and very informative.
Update: Also I downloaded then quoted the code of guidance to the Council in my email and had no reply. I then got a call from my housing officer and she told me the council is telling the Housing officers to say this to tenants. She didn't want to put this in writing and she rang me after her working hours just to tell me that this is what is happening in the system. Instead of putting money into housing- the council's are spending it all on temporary accommodation. It's very worrying because she said most likely I should expect to be put into temporary accommodation.
Ive been told that the council have placed me on relief duty for me and my 3 dependant children but they are saying they wont make me an offer until the day the possession order orders me to vacate - which means I have no idea where I am going and what to with my belongings. Can they do this?
I can't add any more to what I said in the video - which is basically complaint to the Council CEO, quote the code of guidance I mentioned in the video, and copy in all relevant politicians to the correspondence (title the email 'formal complaint')
JAZAKALLAH KHAIR
Can a county court bailiff force entry for a section 21 possession order if the tenant doesn’t open the door? If not, can a high court enforcement officer force entry?
Hiya, I will discuss this question anonymously in tonight's livestream (28th November 2024). You don't need to watch it live, you can watch the recording in the 'live' section of the channel videos.
We have been served with Section A6 from 1st August til 5th October .... our new property is not available until end November do we tell Estate Agents this now and indicate we are not leaving or leave it until sometime later... thanks for your help
Good afternoon, I have gone through the first 3 steps, I have a section 21, I am named homeless, I have been taken to court without a reason ( I need to pay the court even when I didn’t attended), I have received a possession order, we have gone to the council but they have told us to wait for the bailers letter, we have gotten little to no help. I am very unassured on what to do and what to say. Is there any way you could give advise? Please and sorry for bothering.
Hiya, I can't really add to the content of the video - check out the LGSCO cases I refer to as they are good examples of how you can get compensation
Hi my dad received the section 21 letter and he was told to leave by April 2024 but he Still hasn’t left. And since that letter came he hasn’t received another after April. Is that normal or has the landlord forget about the eviction and he has changed his mind? Or will there be another letter coming in?
Probably court forms in due course.
to complain to who?
The Local Government and Social Care Ombudsman, but first you'll have to go through the council's complaints process - check out this video for more info: ua-cam.com/video/mONXm7pOH4o/v-deo.html
@homelessnessbestpractice bless u pal
What steps can I take to ensure the safety and well-being of my family, including two young children, given that I've been served a Section 21 notice and have a disability? The council has advised me to wait for a bailiff to assist with emergency accommodation, but they are unable to apply for temporary accommodation until the date on the Section 21 notice. What options do I have in this situation to secure suitable housing for my family?
I can't add any more to what I said in the video - which is basically complaint to the Council CEO, quote the code of guidance I mentioned in the video, and copy in all relevant politicians to the correspondence (title the email 'formal complaint')
@@homelessnessbestpractice thank you
I just watched a video on the renter reform Bill which has been soo useful and helped my renter anxiety and instability. The advice c9mes from a former lawyer who is now a landlord Suzanne indie landlord i think her channel is i think you will like it. 👍
thanks for this, I've found her channel, i'll watch it later today. Much appreciated
should i get in touch with solicitors?