My landlord has given me notice... help???

franklee

BitterAndTwisted wrote: »

This is all very interesting blue_monkey but what has it got to do with this thread? The OP hasn't asked for advice about becoming eligible for LA housing, they have a new property to move into

Only if the landlord lets the OP go early. Otherwise blue_monkey's post sets out the stages the landlord will need to go through if the OP won't be able to afford moving to a private let. I feel for the OP over this, there is little worse then being promised a long let and then being asked to move after only six months. Therefore I would hope the landlord will be flexible on the OP's leaving date, if not the OP knows from blue_monkey's post what to bargain with and explaining the ropes to the landlord should help her see flexibility is in everyone's interest. If the OP loses the friend of step dad's house it will be messy for everyone.

Kit603

chez000 wrote: »

Has the landlord actaully served a s.21 or just written a letter saying she wont be giving the tenant another 6 month tenancy?

As blue monkey mentioned even if notice is served correctly you dont have to leave the property until after it has been to court, which can take months - obv this would cost you in fees.

Given that evicting someone can take a long time I think that this puts you in a very strong position to negotiate with your landlord esp is she wants the property back soonish

The estate agent had me sign the S21 in advance when I moved into the property and after speaking to other local estate agents it seemed like common practice

clutton_2

""you dont have to leave the property until after it has been to court, which can take months - obv this would cost you in fees.""


it costs tenants nothing if they choose to stay in a property after their notice h as expired.. its the LL who pays the court fees. and the judge will probably not award costs against the tenant

Zazen999

Hi

I'd explain the two choices you have; either refusing to leave and causing a MASSIVE hassle to the landlord as per blue monkey's post - or [and thankfully you now have an alternative] move out a month earlier but you will need the last month's rent for the deposit.

Be really lovely about it and you never know.....she might go with it.

chez000

clutton wrote: »

""you dont have to leave the property until after it has been to court, which can take months - obv this would cost you in fees.""


it costs tenants nothing if they choose to stay in a property after their notice h as expired.. its the LL who pays the court fees. and the judge will probably not award costs against the tenant

Fair point - costs can be awarded against tenants and that was what I wanted to make the OP aware of, I realise I didnt explain that at all

blue_monkey_2

Yes, I was trying to be helpful and explain to the OP what would be expected of her if she did not get the other place and had to go back to the council. I did not know anything and it was a long and stressful 7 months.

We did not have any costs awarded against us, the LL paid them - I did look at the forms (you can download them online) and there was nothing on the form about us paying costs. I think that they can be awarded to the LL if rent is owed as you can put on there what you are claiming. If the rent is owed by the time it gets to court you will then get a CCJ too but there is a chance to pay them before it goes in front of the judge. I did not attend the court, I just sent a letter to the court with the forms to say why we would not be moving out and that I would continue to pay rent until then.

heating-eng

i am a landlord and i was in a simlar postion where i had to ask a tenant to leave ..but they wouldnt leave .they just carried on paying there rent every month and refused to leave .in the end i had to take court action which took me about 10 months to get them out and cost me around £5000 in fees ..so what i am saying is if you dont want to move they cannot just throw you out ..you have more rights than the landlord ..

hope this helps

franklee

Kit603 wrote: »

The estate agent had me sign the S21 in advance when I moved into the property and after speaking to other local estate agents it seemed like common practice

Yes (nicknamed the Sword of Damocles). Thing is once the S21 is served just after the tenancy starts "as a precaution" a tenant really has no idea if it will be actioned or not. It could have been far worse your landlord could have announced she wanted to action the S21 in the last week of your fixed term, at least she gave you a full two months warning which she need not have done. Really tenants need to be aware of the S21 being served and it's implications as per my sig.

One thing, was the S21 served after your deposit was protected and you were given the prescribed information? Also was it served after the tenancy started, that is after you were given the keys? If not the S21 may be invalid. Also it may be invalid if the agent or landlord offered you could stay after the S21 was served, but harder to prove.

If you want to post the dates, start of fixed term, end of fixed term and date on S21 as the LL must get these right.

Finally the S21 should have been given to you to retain, not given to you to sign and then taken back although they may do that with a copy. So if you weren't given it to keep (posted to you, put through letter box or handed over) that's invalid.