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

jonewer

RAS wrote: »

She needs a lawyer, fast.

Seconded.............

RobertoMoir

Well she will probably have to move in the end but as others have said, she has rights as a tenant and the LL has an obligation to do things properly - and this certainly isn't "properly" by any definition. You've had good advice to pass on to her already. She has rights and protection under law, but she needs to start asserting those rights.

Fire_Fox

kerryjoe20 wrote: »

**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

I know this is a very emotive situation and I think we all feel angry on behalf of your friend, but try to stick to the legalities. Forget what was or was not promised verbally, just screw the bar-steward for some of the proceeds of the sale and/ or make sure she is getting what she is entitled in child support.

Your friend is a tenant and she has the legal right to be in the property, the legal right to a copy of the gas safety certificate (if any gas), the legal right to quiet enjoyment, the legal right not to be harassed or forcibly evicted, the legal right to written notice in the prescribed format and for the prescribed time period, the legal right to written notice of a rent increase.

We are confident of the legislation, but all think she needs some professional advice on this. A letter in legalese would be best, but whatever is done MUST be in writing by recorded delivery so you have a paper trail. Keep posting and I know everyone here will do our level best to point you in the right direction throughout. Try not to panic ....

Wee_Willy_Harris

As it's her ex who is telling her to get out, and quickly, my guess would be that her presence may be holding up/risking the sale. Tell her to sit tight. I wouldn't usually suggest deliberately upsetting your landlord, but in this case.....

clutton_2

go to the governments land registry site and for £4 you can find out whose name is on the register as to who owns the house... him or her&him.....

if it is both names she is in a much stronger position ....

are they divorced or separated.. this will make a difference

but as others have said.. she needs a lawyer fast......

RAS

kerryjoe20 wrote: »

**Also he told her it was going on market but wouldnt see them homeless ,

Has he offered alternative accomodation?

kerryjoe20 wrote: »

**is was after he put the rent up mind,

He cannot just put the rent up, (first time or second time) he has to do so using the correct legal documents.

kerryjoe20 wrote: »

**he originally said he bought the house as an investment for his sons future .

Where did they live before they divorced?

kerryjoe20 wrote: »

she had NO choice but too let people view the house as he owns it ( SO SHE WAS TOLD )

She is legally entitled to quiet enjoyment of the property during her tenancy. There is no obligation to let in estate agents, potential tenants, potential purchasers, surveyors or even the landlord.

kerryjoe20 wrote: »

then 2 days after viewing it was sold apar losing him £ 30k

Well, she can down load the sale details from the Land Registry.

kerryjoe20 wrote: »

**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.

There is a proper legal process, which starts with a properly served S21.

Has she got a gas certificate from this joke of a landlord? If not, he cannot even legally serve an S21.

kerryjoe20 wrote: »

**Now she will be homeless

Not for a while yet.

She needs to start saving but it is likely to be 6 months at least before she has to move.

BitterAndTwisted

Once this ex is acquainted with the information that it could take up to six months before he acquires vacant possession he will most probably lose the sale. It could only be a cash buyer under the circumstances, so perhaps he could be persuaded to provide some inducement to ease the OP's friend's onward move.

Losing £30k on the sale and making his ex homeless is an interesting way to provide for his sons' futures.

If there hasn't been a formal separation agreement it's time to get one sorted asap

Debt_Free_Chick

Is this the former matrimonial home? Did he own this house when they were married?

franklee

With the S21 it's always worth looking through the paperwork a tenant has been given to see if a S21 has already been served. It's quite common for some agents and landlords to serve the S21 early on in the tenancy as a precaution. That way it's available to be actioned (by applying to court for possession) should it be needed later on. It's easy for tenants to miss that bit of paperwork amongst the rest or not realise it can still be actioned months or years later if the tenant hasn't signed a new tenancy agreement but remained on a periodic tenancy. That can sometimes explain why a LL thinks he can ask the tenant to leave in a short time like two weeks.

Blackpool_Saver

sounds a bit funny as his solicitor would have checked if there was a tenant in the property.... somehow I think we are not getting the full story