help, advice needed

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    help, advice needed

    Hello, first time posting here but in urgent need of advice, my LL has given us a notice to quit the property in 2 months time, however he is not selling until August 2012. Is there a way that we can stay in the property on a month to month basis from the ''quit'' day until August? would he then have to give us a new notice to quit? We have an AST and have been with this LL for 12 years so he is quite willing to help us find somewhere new, but to get on the councils housing list i actually need to have an '' eviction'' date....landlord happy enough to let us stay on till August. To get another private residence we need to be on the councils list so that they can help with deposit bond....so confusing i know but i really have no idea on what to do or where to go next.

    #2
    my LL has given us a notice to quit the property in 2 months time,
    It's not a notice to quit, it's a S21(4)(a).

    That allows your landlord to apply to the court for a possession order if you do not leave, after getting that, if you still do not leave, then he would have to ask the bailiff to remove you. All this could easily take 5 months. Your landlord is probably aware of this which is why he has, very sensibly, allowed 10 months for removing you and presumably renovating the property before sale.

    If you are going to rely on the council then it's imperative that you cannot be considered to have made yourself homeless, you are going to have to make the landlord go through the whole procedure.

    We have heard of council officers bringing new keys around to tenants on the day the bailiff comes. Should not happen, but it does.
    I offer no guarantee that anything I say is correct. wysiwyg

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      #3
      Ideally we don't want the landlord to take us through court as he's now elderly (reason he's selling up) and lives in another country and genuinely a nice guy, really don't wanna make things awkward for him, however due to low income we get housing benefit and will need this to continue if we find a private rental we will also need the council to help us with the bond on a new place...but they will not help us if we make ourselves homeless like u say ( if we move willingly )council housing is virtually impossible to get round our area so not holding up any hope of them finding us something before Feb...u could say we're damned if we do and damned if we don't.

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        #4
        Tell the landlord to post on here if he needs help to make sure all the paperwork is correct. We'll be gentle with him.

        He will need to at least commence court proceedings for possession for the council to take the issue seriously. That will cost him £175. Technically, he could ask the courts to order that you repay that to him - doesn't always happen, but is possible so it's only fair that you are forewarned.

        Shall we check to see if the notice he has given you is valid?

        What date did your last tenancy agreement begin?
        How long was it for / was an end date specified?
        Is your rent due monthly?
        Have you paid a deposit?
        Is it protected in a government approved scheme? If so, approximately when?
        What date did you recieve the notice to leave?
        What is the date given - and is it "after xx/xx/2012" or "on xx/xx/2012"

        This web page may help: http://tenancyanswers.ucoz.com/index/being_evicted/0-21

        Comment


          #5
          You sound like a nice guy.

          You could explain the situation to your landlord and offer to reimburse him for the costs of the actions, no need to tell the council of this of course.

          If you have been there 12 years then he must know you quite well and he is probably aware of the council rules as well.
          I offer no guarantee that anything I say is correct. wysiwyg

          Comment


            #6
            Originally posted by kaz32 View Post
            my LL has given us a notice to quit the property in 2 months time, however he is not selling until August 2012. Is there a way that we can stay in the property on a month to month basis from the ''quit'' day until August?
            If your fixed term expires and you/LL don't agree a new fixed term contract, then a statutory periodic tenancy (a.k.a. rolling contract) will automatically arise, under section 5 of Housing Act 1988, if you're in occupation at fixed term expiry. The terms of the expired contract carry through into the periodic tenancy - e.g. rent payable, etc.

            The wording of s.21 notices is somewhat misleading, i.e. "I require possession..." but it's not a notice to quit; it does not end the tenancy at notice expiry, nor does it oblige you to vacate. It merely entitles the LL to apply for a possession order after the notice expires -and that's all it does.

            Assuming the notice served by the LL is valid, he doesn't have to serve another notice; he can apply for possession at any time after notice expiry (even years later).

            As you say, the council will not help you if make yourself voluntarily homeless, so you'll have to wait for LL to obtain a possession order (and then probably for the bailiff to enforce it). As jta says, explain the situation to the LL and I'm sure he'll understand, from what you say.

            Ideally we don't want the landlord to take us through court...really don't wanna make things awkward for him
            If the LL's paperwork is in order, and you don't defend the claim for possession, then there probably won't be a court hearing - the so-called 'accelerated procedure' for s.21 applications is usually completely paper-based, so although it'll cost the LL money to obtain/enforce a possession order, and he'll have to fill in forms and submit paperwork, it's perhaps less of a hassle than you imagine.

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              #7
              OP have you lived in current property for 12 yrs or just had same LL (diff props)?
              Was any deposit or Bond taken at start of current T?

              Current LL may be willing to give you a deposit & ref for new place if you are prepared to move out with 1-2 months Notice and are prepared to allow/conduct viewings by reasonable appt and show property in 'best light'
              Worth asking? Saves him Court & Solic fees (£175+) Get any understanding in writing & dated.

              Comment

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