Eviction | The Tenants' Voice
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689 views 1 replies latest reply: 15 February 2016

I was served with a sec 21 in Nov last year. I have not been able to find a place to live. now the letting agents are threating to get the police to enter the property this week. they have offered a deal where by they have increased  the rent by £160. 

help please.

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Hi Edmund

The agents’ threats are odd. In order to remove you from the property they must wait untll the notice expires, they must then go to court and get a possession order and if you still don’t leave then they must get a warrant for possession. Only the warrant allows anyone to enter the property and remove you and it only allows court appointed bailiffs to do that, no one else – not the police. It doesn’t sound much like the agents understand the process or they’re just trying to scare you. There’s more info on the eviction process here. It can take around 3-6 months to get to the point where a bailiff is on your doorstep – which may be why the agent is trying to get you to leave by lying about the police. If they try to remove you without any of the above then it’s an illegal eviction and that’s a criminal offence so they will be the ones in trouble with the police.

Have you spoken to Shelter? They can help with issues of homelessness. If you just need another month to find somewhere then you could risk waiting for the landlord to go to court and get the proper documents or you could simply ask that the tenancy continue as a periodic tenancy (no paperwork required) for a month or so. It’s odd that they’ve served a section 21 on you but now they’re offering you the opportunity to stay in the property as long as you pay more – that would indicate there is no one else waiting to move in. If you can afford the extra then perhaps consider it? Or offer the periodic tenancy as a compromise and carry on looking for somewhere else to live. I’m not a lawyer so if you want some legal advice try contacting Citizens Advice (www.citizensadvice.org.uk).



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