helpppp please ending a 12month contract

[kelliebull]

hi

i am a tenant i am renting a property and have a 12 month contract but we both landlord and myself want to end contract but want to keep it legal but i am hoping to get a council house but council can not help me unless i can provide them with a 2 months notice from my landlord is it possible for my land lord to issue me a 2months notice before the contract is up which ends on 31/11/2010???

thankz

[Snorkerz]

The council will not provide housing before you are evicted by court order. All they will do is tell you that you must stay in the current property. If you leave when you don't have to, they are not obliged to house you.

No one can force you to leave the property without a court order.

[P.Pilcher]

Your landlord, with your agreement can end the contract at any time, but if he does, your local authority is bound to smell a rat and refuse to re-house you. I expect that the only thing which they will accept is a section 21 notice, giving you at least two months noice which does not expire until the fixed period of your AST has ended i.e. after the 31st. November 2010. To make matters worse - and they aren't really supposed to do this - is that they will then further refuse to rehouse you until your landlord has taken you to court, obtained the necessary possession order to evict you and then calls in the bailiffs to do this. The bailiff's letter you receive will then be accepted by the LA as evidence that you HAVE to be re-housed.

P.P.

[mind the gap]

Is there a break clause in your contract which would allow the LL to serve you notice at 6 months?

And is there some pressing reason why you need to move out of that property so soon?

[kelliebull]

thank you both for your advice

can the council not rehouse me eventho i am in danger at the property and have a 2 year old child i have been broken into twice since i moved in and had harrasment from LL from the beginning off my tenancy???

thanks

[Snorkerz]

thank you both for your advice

can the council not rehouse me eventho i am in danger at the property and have a 2 year old child i have been broken into twice since i moved in and had harrasment from LL from the beginning off my tenancy???

thanks

Unfortunately, the council has limited housing stock and has to prioritise that for the genuinely homeless.

Your local police station can advise on crime prevention and the councils 'private tenancy officer' will help with the harrassment.

If your landlord is willing to allow you to surrender the tenancy, you might be better off searching for a different property in the private sector.

[kelliebull]

ok thank you

ok so what can i do when agreement has ended is it possible to be rehoused than or shall i just go for private rent again???

[Snorkerz]

The landlord can issue you with a section 21 notice, which gives you 2 months notice that he wants possession. This can not take effect before the end of the fixed term. The council will insist that you don't go at the end of the term, so the landlord will have to go to court to get a possession order. The judge will give you 14 days to leave - that is probably when the council will start taking your needs seriously.

If the landlord won't evict you, the council won't entertain re-housing you.

To move into another private rent, you can end your current tenancy at any time providing you both agree.