Updating post from Reddit.

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Posted by Legitimate-Cut6909 3 weeks ago
Court costs

If my landlord is kicking me out through a no fault eviction (they want to move in where I'm currently living) and they take it to court because I haven't found a place by the move out date, would all the court costs land on us or on them? I've been told that it would land on me unless I take it to the council.

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Posted by WorkingpeopleUK 2 weeks ago

Yes court costs will be awarded against you. It’s the thing that people who advise you to wait for an eviction don’t tell you.

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Posted by inide 2 weeks ago

It doesnt matter to those people, they dont pay their debts anyway

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Posted by WorkingpeopleUK 2 weeks ago

Very true. Unfortunately they advise people who do pay their debts to get into a hole.

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Posted by miscreancy 3 weeks ago

You may wish to head over to r/legaladviceuk for some more specifics on the legal side. You'll need to state what jurisdiction you're in (England and Wales, Scotland, or NI) and provide the particulars.

That said, here's a rundown:

  • yes, they can claim the costs back from you. It's £404 to file online through the accelerated process, and if they have a law firm involved, it may be more due to their fees
  • you are more likely to have it awarded against you because you don't have a valid defence

The only thing that may save you is that the s21 notice needs to be valid. That means they have given 2 months notice, more than 4mo after the commencement of a tenancy and not before the end of a fixed term tenancy.

If valid, by failing to leave you will be in breach of a legal notice to return possession of the property to the landlord.

In all honesty, unless you have dependents or pets, your best bet is to find a storage locker and a shit Airbnb/couchsurf for a few weeks until you can track down a new gaff. It'll be expensive, but potentially less than costs will be. If there are pets involved, see if a friend can have them for a bit while you look (I've had to do that). If there are dependents, specifically young children, disabled or elderly people for whom you are a carer, get onto the council yesterday as at risk of being homeless. See what they can do for you.

Good luck mate.

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Posted by Legitimate-Cut6909 3 weeks ago

Thank you

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Posted by StunningAppeal1274 2 weeks ago

Yes you will get landed the costs. Just be civil. A landlord moving in to their own homes is one of them times the courts will favour them anyway.

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Posted by NewPower_Soul 2 weeks ago

What are the costs likely to be?

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Posted by Alpharius1701 2 weeks ago

If it's anything like my last experience desperately trying to find somewhere in time, £391, paid at £30 a month. It's certainly not justice imo, I didn't have a choice and I couldn't just be homeless or I'd have lost my job.

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Posted by Double_Revolution_46 2 weeks ago

The Council advise you to stay. If you have nowhere to move to. They then pay Court Costs if he goes legal, i.e. applies for pocession.

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Posted by Double_Revolution_46 2 weeks ago

But you must speak with the Council as ypu will be made homeless if ypu have nowhere to go.

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Posted by Legitimate-Cut6909 2 weeks ago

See that's what I thought. I'm not sure why people are telling me I have to pay the cost when I said in my post about going to the council I knew they'd pay the cost look.

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Posted by Double_Revolution_46 2 weeks ago

This advice is free to you under the Early Legal Advice Scheme.

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Posted by Double_Revolution_46 2 weeks ago

0345 345 4345 it mainly if on Universal Credit. Ypu must approach the Council. They tell you your rights.

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Posted by Double_Revolution_46 2 weeks ago

The Council pay it. I am going through it now. He is a letting agent, basically the Enemy!

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Posted by Saliiim 2 weeks ago

Yes you will be liable for his costs.  It's better to find somewhere and move out before it gets to that point.

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Posted by Double_Revolution_46 2 weeks ago

Speak to Housing Options

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Posted by Double_Revolution_46 2 weeks ago

At you local council

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Posted by Double_Revolution_46 2 weeks ago

You on UC

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