Tenants for 6 yrs now landlord says 2 weeks to vacate property?? help

kerryjoe20

Hope someone can help, I have a friend who is renting a property off her ex husband and is the father of her 2 sons, youngest is 18, she works fulltime and has been paying rent for 6 years. Her ex (the landlord) put her rent up from £460 to £500, which is fine.....recently he said he had to put her rent up from £500 to £1000 or he would have to sell the property. My friend couldnt afford this, an estate agent rang the other day and said the property has been sold, and my friend has 2 weeks to vacate the property with her 2 sons. This obviously caused my friend great stress and her family, I would like to know legally where she stands. She doesnt have a lease agreement but can prove she has been paying rent. Thanks

Jowo_2

Assuming the landlord doesn't live in the same property, he is obliged to give 2 months notice, timed to expire with the rental period.

However, since there is a legal obligation for a father to provide for his family, she should see a solicitor asap about the legality of the sale and her entitlement to any money from the sale of it. Was he paying anything towards the upkeep of the children, alimony, etc?

Get her to contact Shelter asap to outline his obligations to her

Fire_Fox

If she has been paying rent she is legally a tenant and has all the rights that implies. I hope he has a gas safety certificate??? Has he been paying income tax??

The landlord must serve a section 21 TWO MONTHS notice to quit coinciding with a rental period (this assumes rent is paid monthly). This may be a case where changing the barrel of the lock would be advisable, which is not something I usually advocate. I would certainly suggest that she seeks some sort of legal advice ASAP - Shelter, CAB or a solicitor. A recorded delivery letter to the estate agent and/ or ex-husband's conveyancing noting that a tenant is in situ might make people advise the ex to back off.

"Notice by Landlord

To end a shorthold tenancy the landlord must give at least two months' notice under Section 21 of the 1988 Housing Act. For notices - see Agreements & Forms

The notice cannot take effect for at least six months or until the original agreed term has expired.

Where the tenancy has become a periodic one the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 20th of the month, the two month notice period must end on the 19th of the month in question.

There is nothing to say you cannot give more than two months' notice. Therefore a landlord could service a two month Section 21 notice soon after the granting of a six month term to take effect at the end of that term."
http://www.landlordzone.co.uk/notice_to_quit.htm




This is the same quote I always post, so apologies to those for whom it is old hat!!

"The tenant has the right to quiet enjoyment of the property for the duration of the tenancy along with the legal right to live in property as if it was their own home. This means that they have the right to a peaceful existence without undue disturbance. Harassment is a criminal offence under the Protection from Eviction Act 1977 and may result in the landlord being fined, or even imprisoned in extreme cases. Harassment can take the form of:

Entering the property without permission.
Changing the locks without giving the tenant warning or new keys.
Cutting off utilities such as gas water and electricity.
Tampering with mail or possessions.
Verbal or physical abuse or threats.
Enter the tenant's home whilst the they are out."

http://www.themovechannel.com/guides...tenant_rights/

Wee_Willy_Harris

As a tenant, she is entitled to AT LEAST 2 months notice under Section 21 of the 1988 Housing Act. Although quite a simple proceedure, it HAS to be absolutely spot on to be valid and is often served incorrectly. Even after the 2 months, she can still legally remain in the property until a court order is granted. Even then, she can only be physically removed with a further warrent by a court appointed bailiff. Altogether, this could easily take between 4 - 6 months, and possibly longer. Either way, the "2 weeks" notice, if served as you describe, isn't valid.

I'm surprised the house was sold without her knowing anything about it? No viewings etc? Might be worth checking this out as the ex may have sold it to another family member/frriend for personal financial reasons.

Contacting Shelter is good advice, take it.

clutton_2

As a full time professional landlord i am very sorry to hear what is happening to you....

i hardly ever suggest this... but for peace of mind.. change the locks immediatley.... you have many legal rights as a tenant even though you have no written contract....

a tenant CANNOT be forced to leave without a court order and that takes anything up to 4-6 months from today.. Evenonce a court order is in place, you still do not have to leave, and the LL will have to go back to court to get a Bailiffs warrant.... try not to panic.....

since your ex clearly knows nothing about being a landlord in the legal sense, he will not know how to issue you with proper notice, and so he cannot force you out... if he attempt to force you to leave you can claim harrassment under the Protection from Eviction Act (1977 ? anyone ?) and it is a criminal offence......

Are you the joint owner of the property ? If you are - then you need a solicitor to represent you very quickly...

Any man who gives his 2 kids 2 weeks to find somewhere else and thinks he has sold their home above their head ... needs challenging....

Fire_Fox

"What if I only have a verbal agreement?

Most landlords will give you a written agreement but, even if you don't have one, you still have rights. If the landlord accepts rent from you for living in the property, then any verbal agreement you have made counts as a legal agreement. It will be either a tenancy or a licence (see below).

Your landlord can't take away your basic rights simply by not giving you a written agreement. The rules apply to everyone renting a home and don't have to be written down. However, verbal agreements can be more difficult to enforce if there is any dispute, so it's worth asking your landlord to put it in writing. It will be in her/his interest as well as yours to ensure that both sides understand their rights and responsibilities."

http://england.shelter.org.uk/get_advice/renting_and_leasehold/renting_agreements

RAS

Kerry

which country are you in?

There are two issues

1. Ending a tenancy with the proper notice
2. Whether the wife has any right to any of the capital from the house sale.

She needs a lawyer, fast.

BitterAndTwisted

If I had a fiver to bet with I'd wager that the phone call from the "Estate Agent" was no such thing. No estate agent taking photos of the interior? No viewings? No survey? Not terribly likely to have been sold at all in my opinion.

OP's friend should sit tight, change the barrels of the locks and get proper legal advice asap.

Meantime, I'd be stashing some extra savings away for a future move

kerryjoe20

For the sake of peace she let estate agent show people around while she was at work as she couldnt afford the £1000 rent he is now asking, plus she was so upset and didnt know what to do. I used to work for a solicitor so I knew it was wrong. But thanks for advise, il pass it on gratefully.

Fire_Fox

kerryjoe20 wrote: »

For the sake of peace she let estate agent show people around while she was at work as she couldnt afford the £1000 rent he is now asking, plus she was so upset and didnt know what to do. I used to work for a solicitor so I knew it was wrong. But thanks for advise, il pass it on gratefully.

Has he served her with written notice of the rent increase? If not ignore it. More details here on prescribed format
http://www.landlordzone.co.uk/legal-residential-rentals/rent-increase.htm

kerryjoe20

**Also he told her it was going on market but wouldnt see them homeless this was after he put the rent up mind, he originally said he bought the house as an investment for his sons future ..... too what it is now ....she had NO choice but too let people view the house as he owns it ( SO SHE WAS TOLD ) then 2 days after viewing it was sold apar losing him £ 30k and the estate agent of all people phoned her and said she had 2 weeks to get out of the property as instructed by her ex husband. Now she will be homeless