BR and Private Renting

Desperate+Depressed

Hi

I have been privately renting my current house for just over 6 years, and was declared BR in Sept. 2009

I have checked my Tenancy Agreement and can't see any mention of anything to do with BR etc

Out of courtesy, I contacted my Letting Agents and informed them of my BR. I had a telephone call yesterday from the Agents saying they want to come and see me next week to discuss things!

Could my landlord give me my 2 months notice to leave??

......if I'm honest, I'm not too worried if he does! That probably sounds really daft, but I have been asking him for the last 2 years to replace my front door (it lets in the rain, and I've already replaced the hall carpet once). I also mentioned the door when telling them of the BR......so maybe I've got his back up over this????

nervousmother

a landlord can give you two months notice for whatever reason he wants. he does not need a reason. He can gain back his property using a section 21. (assuming the tenant has not just signed a ast)

but.. i doubt any landlord would issue one of these to any tenant who had gone br unelss they were in rent arrears

Desperate+Depressed

Thanks for replying.

I'm not in arrears with my rent......what is Section 21? (sorry to be dim)!

nervousmother

a section 21 is the notice giving you two months notice that he wants his property back. If your in the middle of a tenancy he cant evict you until the end of it. I find it very strange that the agent is going to see you.. if you refused to leave after the end of a section 21 he would have to take you to court and this would cost him money, i wouldnt worry but let me know what the agent has to say!

Desperate+Depressed

Thanks for explaining that.

IF he does give me notice to leave (for whatever reason), I won't be refusing to leave or anything like that.....as previously mentioned, I have asked him to do certain repairs and nothing has been done......

What would I then need to tell my local Council (Housing), to hopefully put me nearer to the top of the housing list?

nervousmother

You would take the section notice to the council, if they are anything like our local council they will tell you to stay in the property until the LL takes you to court, at that point they will put you in emergency housing. (they will contact your LL meantime to try bribe/persuade him to let you stay)

Desperate+Depressed

Thanks again for your advice

brighter_side_of_life

Hi there,
I think you have done the right thing telling your agent - it may have come to light when you renewed your contract (if the agent did a credit check). The worry is just not worth it.

I was worried to - there was a clause in my agreement saying that I will be evicted if bankrupt. I have lived in the house 4 years but worried I contacted the Landlady (by passing the agent). I felt sick with the fear of what she might say and what might happen. But she was really understanding. I have been a good tenent and she said she was happy to let me stay. She appreciated the honesty (also I had never got into arrears on my rent).

I do sincerely hope that the same goes for you. But, if not, never fear, there are landlords out there happy to rent houses (and ones with front doors that dont leak!!) to people with a bankruptcy order. After all, with no debts we can afford the rent and unlikely to let them down.

Try to stay positive, you will get loads of support on this site. Keep us informed.

Hugs and all the best.

alastairq

my agents told me they weren't in the slightest bit interested in whether I was BR or not.....and wouldn't pass on such information to a LL unless specifically requested...and they apparently don't encourage their client LL's to specifically request...

D&D...stay on the bright side.....poke around the tinternet and see what's available?

try Rightmove for info??

nervousmother

The BR clause is in most tenancy ageements to protect the landlord, if a tenant went BR owing £1000's in rent and that tenant included the rent in the BR the landlord needs a quick way to get that tenant out.. why should he have to keep a tenant who has caused him financial hardship.

At the end of the day the agent is there to look after both the tenant and LL's interest, and if the rent is up to date there is no reasonable reason to get you to leave.

Be aware that if you do leave you wont pass the credit checks to get another property through a Agent, you will have to provide a guarantor or 6 months rent upfront..

sparkysi

I have been renting for years and have moved three times in the last two years. In all instances I disclosed information regarding my BR and on no occassion did that information in anyway influence my getting a property. In fact, a lot of agencies have stopped using direct credit checking as a means test for purposes of tenancy.

Every time I have moved I have been asked to provide references and sign paperwork regarding credit checking, not once has a search appeared on my file. I use both Equifax and Experian regularly,

I shouldnt worry too much and I suspect that agency is being overly cautious, the landlord will most likely not give a damn so long as he is getting his rent.