Just received a notice given us 2 months to leave property-please help.

thebaileys

Hello,

About an hour ago I had a knock on the door from the postmam with a recorded delivery, it is from our landlord giving us 2 months notice to leave the property.

He has been living with his partner in her council house, and they have had problems with neighbours and have decided to move to the property we are in.

It has come as a total shock, as he told us it would be long term.

We have a 4 year old son, and we are worried sick as to what we can do.

We have no savings, and did not pay a bond on this property.

All the other propertys we have looked at on the net this morning need a deposit plus one month rents.

Has anyone got any advice please.

Thanks

Procrastinator333

Happy to be corrected, but last time I checked, the 2 months notice is from the rent payment date. So you may have a little more time.

E.g. If your rent is due on 20th of each month, that 2 month notice is effective from 20th July, so you have until 20th September.

concerned43

has the landlord ever lived in your property? - when does your lease expire?

PasturesNew

There are a few things here, which people will post here today. But here's a few top level thoughts to get you going:
- The 2 months' notice has to start/end on a rent day. So you need to dig out your AST and see your start date. If the start date were to be (say) 9th (yesterday) and the notice were to move out on 8th September, then he's missed the boat, the date would legally have to be 8th October as he missed the date.
- In order to issue you with notice, it should be a proper S21. What format is your notice in? Is it a letter? Does it say S21?
- There are other rules/regs which others might point out that might make an S21 unenforceable (e.g. if you'd paid a deposit and if that deposit hadn't been in a scheme).
- Even if it's all legal, he can't MAKE you move out on the date he wants. If you stand your ground and wait to the last minute then there's still a court case, then bailiffs to come (that takes time). If you contact the council and say you'll be made homeless, then they will insist you stay to the bitter end; to leave on the required date, in their eyes, is making yourself intentionally homeless.
- Most houses on the net will be from the sort of landlord who work through agencies and will require a bond and references/credit checks (which might cost up to £200 alone). Speak to the Council, get their advice and see if they have a list of Landlords they work with, also see if you're eligible for their scheme where they lend you the deposit.

Get your AST/paperwork together, you'll need this to check things. Also, when you moved in, were you advised in the agreement that the landlord might want it back, this can alter your 'rights' etc and produce a quicker eviction from the courts (I believe).

All the above is just off the top of my head/randomly and without any solid knowledge, so I stand corrected on any items I've got wrong... but I'd not have typed them if I didn't believe them to be correct.

theartfullodger

When did you move in, when did you last sign a tenancy & what was the initial fixed term??

Why am I asking?? Well, if you moved in 2 weeks ago on a 12-month initial fixed term the Landlord can't normally give you notice-to-quit before the end of the fixed term. Just because he's problems where he lives now is not a reason.

However, if you are now in the month-by-month, rolling-on, "periodic" tenancy (I assume you pay monthly) then 2 month notice from start of next rent day is right - assuming he has worded notice correctly & everything else is right. What "everything else": Well, did you give a deposit, if so were you given notice at the right time as to where you deposit was held etc?? If not, any "Section21" notice 2 quit (which this one probably is) would be invalid...

You don't have to leave at end of notice period anyway: He has to get court order & after that bailiffs - see
http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_shorthold_tenancies#2

Clearly Landlord will have given you Gas safety certificate, and is paying tax on his rental income whilst living cheaply elsewhere in a council property (lucky him- think of the profit) so won't have a problem with HMRC being advised of his rental income...

Cheers!

Lodger

tbs624

You cannot be kicked out if you are still within the Fixed Term: if the FT has expired you rental period runs from the day after that expiry and the notice given by your LL has to tie in with the rental period dates (which may not necessarily be the rent due dates)

If the notice has been dated/served correctly and you didn't move out as requested, the LL would then have to go to court to seek a possession order. Obviously, this won't do you any favours in terms of references for another LL/property. However, the madness is that the Council would not view you as "homeless" unless you do follow that route.

What you could do is talk to the Private Sector Rentals Officer at the local Council - they can give you guidance on any deposit guarantees available if you are having difficulty raising the funds . However, not all private LLs ask for deposits.

Get in touch with your local private LL association, or ask the PSR team for a list of Council-accredited private LLs so that you can avoid using LAs with their exorbitant fees.

tbs624

theartfullodger wrote: »

Well, did you give a deposit, if so were you given notice at the right time as to where you deposit was held etc?? If not, any "Section21" notice 2 quit (which this one probably is) would be invalid...

Good suggestions, as ever AL, but see

thebaileys wrote: »

We have no savings, and did not pay a bond on this property.

Jowo_2

Many local councils have deposit guarantee schemes for those on benefits or low housing or housing need. Have a look at their website to see if they run a similar scheme.

Otherwise the other usual routes for getting together a deposit and first month's rent is to borrow from the bank/overdraft or borrow from friends/relatives.

theartfullodger

Thanks tbs... must remember to read question before answering...

G_M

theartfullodger wrote: »

Thanks tbs... must remember to read question before answering...

When the teacher says "You may turn over your papers and start writing", you should actually do some reading first!

poppysarah

Apply for council housing. There's one coming empty!