notice 4 weeks??

norfolkshops

hope this is the right place to say this ok

first of all my daughter lives in a private rented accomodation,her land lord is going to give her 4 weeks notice to leave,i was wondering will her local council help her finding another house on the council

plus reason for notice ending of tenency,she as 2 kids 5 and 12

any help please with this

angelavdavis

Is she on the council list? Was she originally housed in private rented accommodation via the council or is this a rental that she set up herself?

norfolkshops

yes she is on the council list and no to the first and yes to she set up herself,now her private landlord as give her 4 weeks notice end of tenacy

rachyrach2k

by law the landlord has to give 2 months notice if he wants to evict her

paintpot

norfolkshops wrote: »

hope this is the right place to say this ok

first of all my daughter lives in a private rented accomodation,her land lord is going to give her 4 weeks notice to leave,i was wondering will her local council help her finding another house on the council

plus reason for notice ending of tenency,she as 2 kids 5 and 12

any help please with this

What type of tenancy agreement does your duaghter have? The usual is an Assured Shorthold Tenancy agreement (AST). If your daughter has an AST then the landlord has to issue two months notice not one month and there are very strict rules in terms of the details of the notice required.

Please post back more info on the details of your daughter's tenancy. In addition, if it is an AST, is she within the fixed term tenancy or has it rolled on to a monthly tenancy known as a statutory perioidic tenancy and give us the start and end dates of the tenancy.

norfolkshops

as far as i know she as no agreement with the lnlord i am sure of this ,she add one once but for only six months but now they did not give her any more agreements,hope that helps

Zelie

She's now on a rolling contract. The landlord may not evict her without two FULL month's notice. This means that he has to give her a section 21 notice before the next rent day. Tell her to check her paperwork to see if she already has a section 21 notice as some landlords give them out with the initial tenancy agreement. Even if she already has it, she is entitled by law to two full months notice.

paintpot

It does and it doesn't help! I assume from what you say that she had a 6 month written tenancy but that then ran out? If that is the case it sounds like she has a 6 month fixed term tenancy (AST) and it has now rolled onto a statutory periodic tenancy (SPT) which is what I suggested in my original post. A SPT happens by law after the fixed term has ended, therefore your daughter does not get a new signed tenancy hence possibly why you do not think you have one.

If I am correct, you do have a legally enforeable tenancy and your landlord must give your daughter notice in the correct manner. He/She cannot just "send a letter!"

Can your daughter find the original tenancy agreement?

On what date does your daughter pay rent e.g if monthly 1st of each month?

How frequently does she pay rent e.g. monthly, weekly?

When did your daughter move in?

Did your daughter pay a deposit or bond and if so for how much and do you know whether the landlord protected the deposit in a deposit scheme?

These are all really important questions to be able to help your daughter fully.

ETA Zelie's post crossed with mine and their post gives you an understanding of what the landlord needs to do but with the answers to my questions myself and others can tell you exactly what the landlord needs to do and anything they have omitted to do that they should have.

norfolkshops

hope this helps she as been in her premisis for about 3 years and she pays her rent weekly mostly on a tuesday-she did put down a bond but she as no reciept of it as when she moved in first the landlord not the owner has died since then plus she as to find her tenancy agrreement(sorry about bad spelling)hope you can understand it-plus it looks like the landlord as 2 give her 2 months notice now plus i dont understand He/She cannot just "send a letter!"

paintpot

norfolkshops wrote: »

hope this helps she as been in her premisis for about 3 years and she pays her rent weekly mostly on a tuesday-she did put down a bond but she as no reciept of it as when she moved in first the landlord not the owner has died since then plus she as to find her tenancy agrreement(sorry about bad spelling)hope you can understand it-plus it looks like the landlord as 2 give her 2 months notice now plus i dont understand He/She cannot just "send a letter!"

Hi, this could be a rather complex situation.

Your daughter needs to try and find the tenancy agreement in order to be able to establish her rights fully.

She may pay her rent weekly but it's what's in the written agreement that is important. Do you know whether her rent was written in the agreement as being paid weekly or monthly.

The landlord cannot just send a letter as I said before. As Zelie said, for an AST or SPT, (sorry if these terms are confusing you) the landlord has to serve a S21 notice not a letter, it will say S21 on it. You say you think your daughter has been given two month's notice. Can you get that notice or letter (whatever it is) and see if it's a S21 and tell us what it says. There are VERY specific laws that dictate the details and dates on this notice and if these are wrong then the notice is defective.

Your daughter may be well advised to try and find all of her papers and to go to the Citizens Advice or the council have private sector rental officers who can view it and give her advice.

There are other legal technical issues here aswell. If the old landlord died and there is a new landlord, it may be the case that your daughter should have been served another notice known as a S48 notice (this has NOTHING to do with eviction so don't worry about that) but I am not going to complicate matters for you now with that.

Tell us a bit more about the two months notice your daughter has received if you can and see what you can tell me about the rent dates mentioned in the written tenancy she originally had.

Just try and tell us as much as you can. Don't worry about the spelling.

norfolkshops

thank you for your advice ,i am talking to my daughter tomorrow and ill let you know asap thank you and tc