Rights as a PO after L left property

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    Rights as a PO after L left property

    T vacated a month ago after our relationship fell apart & has moved back to parents, we've both been at the property for 2 years where I've paid the rent every month (even as a PO) but a week ago T was served a Section 21 that expires a few days before Christmas?

    I'm struggling to find a property to rent due to CCJ history, Landlord/Agents refused to give me a sole tenancy because of this.

    How/What options do I have to try secure even a few more months in the property so I can sort myself out?

    #2
    You already have a few months? You're at the start of a 4 months notice.

    Notice doesn't end tenancy. If you don't voluntarily leaves, landlord will have to go to court and get possession order and then enforce that via bailiffs or High Court Enforcement Officers. That would take time. You're at a much bigger risk from your ex serving notice to end the tenancy which would take only 1-2 months.

    Have you spoken to your landlord and ask why they want possession if rents up to date etc. (assuming it is)? Why can't or won't the landlord offer you a tenancy?
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

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      #3
      Of course but the further I go without moving residence the harder it's going to be as Christmas closes in.

      LL has apparently served the S21 due to apparently wanting to sell up. Having asked the LL why he won't offer me a tenancy is because he's got multiple properties & only allows rental via estate agents who are failing to negotiate with me due to CCJ.

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        #4
        The basic problem is that as a permitted occupant you basically have no rights, your occupation of the property is simply recorded as having been allowed, usually because tenancy agreements don't allow adult occupants other than the tenant.

        Assuming the tenant doesn't come back and physically remove you (or lock you out) your landlord will have to somehow bring the tenancy to an end.
        The notice doesn't in itself end the tenancy, so the "hard" deadline isn't the expiry of the notice, it's when the court awards a possession order.

        My guess is that your ex won't want to defend the notice, so the issue won't get to court and the landlord will be awarded a possession order after Christmas (there's a possibility that the government will halt possessions over Christmas entirely again).
        That will probably take up to a couple of months and then the bailiffs will take a few weeks to end the tenancy.

        So you probably have a few more months, but if you have issues getting past a credit check now, it's unlikely to change much with some extra time.
        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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          #5
          What was the CCJ about?
          Can you offer to pay the next 6 months of rent upfront?

          Surely jpkeates if the ex-partner agrees to end the tenancy - then that is it - in one day (if L and ex-T collaborate to remove the OP - which ex-P would obviously want to do because they remain liable for the rent). Why would L have to go to court/bailiffs. They simply have to lock the OP out.

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            #6
            So is no-one paying the rent at the moment? If the landlord accepts rent from you, then you may have a tenancy of your own.

            What are the CCJs for? Are they satisfied?

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              #7
              OP said they've always been the one paying the rent.

              Originally posted by clc95 View Post
              we've both been at the property for 2 years where I've paid the rent every month (even as a PO)
              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

              I do not answer questions through private messages which should be posted publicly on the forum.

              Comment


                #8
                Originally posted by AndrewDod View Post
                Surely jpkeates if the ex-partner agrees to end the tenancy - then that is it - in one day (if L and ex-T collaborate to remove the OP - which ex-P would obviously want to do because they remain liable for the rent). Why would L have to go to court/bailiffs. They simply have to lock the OP out.
                Yes, that is definitely possible.
                Hence my comment "Assuming the tenant doesn't come back and physically remove you (or lock you out)..."
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  could try upfront rent? it sucks but letting agents seem to like having the whole 6months ast paid for upfront especially if you have no guarantor

                  Comment


                    #10
                    Originally posted by bobthebuilder2 View Post
                    letting agents seem to like having the whole 6months ast paid for upfront
                    Any competent letting agent would avoid a tenant who needed to pay 6 months upfront because they've been evicted.

                    Comment

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