I disagree and after chatting to fellow landlords over the weekend it was a no from them , any LL would be foolish even though it may not have been there fault but taking a tenant to court and eviction is expensive, what I wouldn’t have a problem with is where a tenant agrees a date when the move even if after and it all amicable.
A LL can if judge allows be awarded costs and depending on if the tenant pays , if not a cjj will be awarded .
Court should be avoided at all costs and if you get a cjj it makes it so much more difficult, just to get basic credit ie a phone contract etc
This is why I can’t understand LL not returning unlawfully held money that I’m simply asking to return in exchange for me to move. They would not be able to put a CCJ against me as the court would throw the Section 21 out, if anything the LL would have to pay my court costs should I be represented with a solicitor. If judge made possession order I’d pay claimant to avoid CCJ, but I would recover costs by claiming up-to 6 times my deposit as not protected for 2 now, it could cost me hundreds but could cost LL thousands.
It would be much easier to follow your replies Jason if you could highlight what you’re responding to and then clicking “Quote” so that it appears at the top of your reply, like in this message. Took me a bit of toing and froing before I realised what you were talking about.
Clearly, Steven’s example here proves that your statement “any LL would be foolish” is wrong. Granted, any particular applicant with experience of being evicted would have to be looked at in detail, but LLs who abide by the rules have nothing to fear from tenants who know exactly what the legalities are and are willing to fight for them.
If Steven rented a property from a reasonable LL, he wouldn’t be forced into a situation where he has to be evicted. He’s not doing it for fun you know.
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it depends what you mean by an unjust section 21 ? If the court rules n favour of the tennt there will be no CCJ against them . But if the court rules in favour of the landlord there probably will be .
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