Urgent problem regarding moving to new house

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    #16
    Originally posted by Royal_flu$h View Post
    Yes, the son is living with him.
    If this is the case I cant see how the council are going to get out of re-housing them - are they prepared to see a 9/10 year old living rough or are they going to put him in care?

    Dave

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      #17
      No offence taken LesleyAnne, though that comment did make me laugh!

      I did double-check whether it was a 21 or an 8 and it's definitely a 21. There are "other factors" to which I have not been privy to receive as to why the landlord wants the current tenant (formerly tenants) removed. Frankly, it's not my business to know, but it was definitely a section 21. Thinking about it now, what you've said makes a certain amount of sense: if he is being forced out (which ultimately is what a section 21 boils down to) and he hasn't been able to find a place, then it can't be voluntary homelessness. The letting agent mentioned something about benefits and how he's not using them to pay his rent (his guarantor paid this month) so that would constitute it? I don't know.

      I've just sent the LA an email suggesting that if they haven't had the ex-partner's written notice, they could try getting hold of it and that might speed things up a bit, as well as absolving her of any responsibilities for time the guy decided he might want to stay there. I also suggested the idea that they ask her to backdate it to the beginning of July, meaning when 16th August rolls around, the AST is up immediately. I don't know if that would constitute fraud though? I did ask whether it would be legal! It would also rely on the ex-partner being complicit.

      We will definitely be checking everything over before we move in. There were things that needed doing on our first inspection which I'm guessing probably won't be done if he lingers there, and I daresay more things will arise if the tenancy end is antagonistic. We've actually been trying to get a second viewing since the day we first viewed it! We liked the property so much that we immediately secured it and asked for a second viewing so that we could measure up for things like my piano and curtains! At every turn we've been set back by the tenant not letting us in (now's not a good time/he's not answering his phone - those sort of excuses). I probably should have suspected something then, but we have actually had about 4/5 appointments to view the property cancelled, culminating with the last one on Wednesday when this news was brought to our attention! But yes, we will certainly be double and triple checking every detail before we start moving our stuff in.

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        #18
        Tenant does not have to accept viewings and is quite within their rights to refuse you/agent access, even if the tenancy hasn't turned sour.

        I don't think it is wise to backdate the notice - others here more legally qualified than I will comment in due course, but as this is likely to go to court, not a good idea to attempt to fiddle any documents which might be relied upon. If the ex is willing and able to give written notice, don't implicate her and yourself in any further dealings with the tenant. I appreciate you are keen to push this along, but the current tenancy is between the tenant, ex and current LL, with the LA in between trying to ease things along. I think you have done all you can, so just sit back and await the outcome for now. If everyone pushes the tenant too hard, he may just fight back and sit it out to the bitter end!

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          #19
          Once notice is given in writing by a joint tenant on a statutory periodic tenancy, the tenancy ends at the expiry of the notice.

          If any former tenant remains, they are a trespasser.

          A landlord can get a court date for possession usualy within 7 days and it is likely that an immediate possession order will be granted. As LesleyAnne says above, bailiffs can be busy if they are needed to physically evict (as they most likely will) but, like the hearing date, bailiff will be much quicker for trespass than for a 'Housing Act' eviction.

          IMHO, 2 weeks from application to bailiff is do-able, 3 weeks perhaps more realistic.

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            #20
            Snorkerz,

            That sounds much better. What is the notice the joint tenant would need to give? - royal can then add 3 weeks to it to get an indication of when the property might be available.

            Dave

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              #21
              Valid notice has to be 28 days. However, a landlord can accept defective notice (ie shorter) if he chooses to.
              I am not sure whether 'defective' notice would be binding on the other tenant though

              Comment


                #22
                My reading of OP is that T is still in fixed term until 16 Aug, so absent T cannot serve unilateral Notice to end the whole T until SPT begins on 17th. Whilst required Notice is only 1 Tenancy period (month if rent due pcm), it does have to comply with SPT rules for service & expiry dates and therefore cannot expire before 16 Oct.
                £ to a penny, Council have advised T to wait for repo order to assist rehousing. Intentionally homeless for not using HB for rent is guff, s21 is a 'no fault' Notice. If T has young son living with him Judge is likely to grant 28-56 day 'stay' on order. Even if T did not attend orig hearing granting min 14 day, he would be able to apply for an extension.

                I think OP should seek alt accom & return of all fees etc rather than 'live in hope'.

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                  #23
                  Many thanks to everyone for all the responses. I did suggest to the letting agent the idea of acquiring written notice from the absent tenant and their response was that the landlord had served notice on the tenants as named on the agreement. I'm not quite sure what that meant but I'm going to assume it's not a route they're going to try and pursue.

                  Mariner, my impression of this situation is that the tenant isn't doing this JUST to be a monumental pain, but mainly because he has nowhere to go. Now I'm not sure quite how valid that statement is, or how much effort he is putting in to finding himself a place, but I get the impression he's not doing it purely out of spite. I could be wrong, but that's what my gut says. Not that it makes much difference either way!

                  As to searching for alternate accommodation, assuming our current landlord lets us stay on a month by month basis (which I think should be fine...I'll find out in the morning) we won't need anywhere else to live. We're not just moving because we enjoy shelling out for a moving company to lug my piano up and down stairs! Where we are currently is completely fine for what we do (my partner's a teaching assistant, I'm a pianist, teacher, magician and DJ) but we fell in love with this cottage on the coast, and figured with me starting a teacher training course (Primary PGCE) in September, with such a drastic change of lifestyle, if we didn't move now, we probably never would. Actually, the full story is (possibly ironically) we actually had no plans to move at all! We were "window shopping" property, found this one place that was in our budget, arranged a viewing and we got it. So actually, "living in hope" is an inconvenience, as we'd rather not move once we're both back to teaching/working/studying full time in September, but it shouldn't be more than that. We're assured that eventually (if he doesn't move out of his own volition before the 16th August) the tenant will vacate. Hopefully, the eventually will be sooner rather than later.

                  That having been said, if our current landlord does need us gone by the end of the month, we may have a slightly bigger problem!

                  Comment


                    #24
                    Originally posted by Royal_flu$h View Post
                    Mariner, my impression of this situation is that the tenant isn't doing this JUST to be a monumental pain, but mainly because he has nowhere to go.
                    royal,

                    Spot on, what would you or I do in his situation? I suspect we would both do the same because the best hope of a new home is from the council who are saying - stay until the bailiff is about to arrive.

                    Dave

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                      #25
                      Absolutely. Realistically, if I was served 2 months notice, I'd probably be able to find somewhere quite quickly, as I'm in an area where accommodation isn't scarce (particularly if you aren't fussy). We're also in a fairly upmarket 2 bed flat that's 5 minutes walk from the city centre. If we were really pressed (i.e, "Section 21" pressed) we'd be able to find somewhere, at the very least, nearby, as we both drie. We could also live fairly comfortably in a one bed place, providing the living room was big enough for a piano! In fact, when I was a student, I got my piano in alongside a double bed, so wouldn't have a problem!

                      HOWEVER, where we are moving to (20 minutes outside where we are at the moment) accommodation is VERY rare, and apparently, this guy needs to stay in that immediate area for work purposes and his son's school. Whatever I think of his reasoning (I actually think that one excuse is much better than the other), that is his current mindset and, from an entirely objective point of view, I can see where he's coming from. Doesn't change the fact that it is potentially going to cause us some major inconvenience!

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