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

NEH

I can sympathise, we came back from a break staying with my brother to find out we had been served notice with two months to go due to landlord being forced to sell...

One month later and we still haven't found anything...

It is a shock and finding the time and energy to find somewhere is so hard...

Thanks PasturesNew and Procrastinator about the date thing, does that apply in Scotland as our payment date is the 17th of the month but we have been told to be out by the 10th/11th...or should i say that the agency have told us that but the landlord is flexible as to when we leave knowing money coming in is better when he hasn't had any viewers to buy the place...

PasturesNew

NEH wrote: »

... about the date thing, does that apply in Scotland as our payment date is the 17th of the month but we have been told to be out by the 10th/11th...

I'm replying just to say I'm not replying.
I've no idea about Scotland.

Others here will know though.

thebaileys

Thanks to everyone for taking time to reply. I feel really stupid saying this but we have no tenancy agreement. The landlord is a family friend, who previously lived in the property and left to move in with his partner. Looking back we should have realised the risks, but at the time we were living in a damp property and my partner is waiting for a double heart by pass it seemed like our only way to get out. We moved in on the 25th may 2009 and rent due 25th of each month. Thanks again

olly300

thebaileys wrote: »

Thanks to everyone for taking time to reply. I feel really stupid saying this but we have no tenancy agreement. The landlord is a family friend, who previously lived in the property and left to move in with his partner. Looking back we should have realised the risks, but at the time we were living in a damp property and my partner is waiting for a double heart by pass it seemed like our only way to get out. We moved in on the 25th may 2009 and rent due 25th of each month. Thanks again

Go to Shelters website for Scotland - http://scotland.shelter.org.uk/ and have a read.

Also as said you need to contact your council if you have a child and a partner who is sick then this would help you get a council property.

Procrastinator333

thebaileys wrote: »

Thanks to everyone for taking time to reply. I feel really stupid saying this but we have no tenancy agreement. The landlord is a family friend, who previously lived in the property and left to move in with his partner. Looking back we should have realised the risks, but at the time we were living in a damp property and my partner is waiting for a double heart by pass it seemed like our only way to get out. We moved in on the 25th may 2009 and rent due 25th of each month. Thanks again

I'm a bit lost, are you in England or Scotland? I don't know about Scotland, but in the UK I don't think it matters if you have an agreement or not.

There are basic rights for bothe landlord and tenant in statute. If you moved in on the 25th, I believe a periodic tenancy is formed from that date. Hence I think you can't be asked to leave until 25th September.

Here is a bit more info:

http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/RentingAHome/DG_4001366

poppysarah

thebaileys wrote: »

my partner is waiting for a double heart by pass it seemed like our only way to get out. We moved in on the 25th may 2009 and rent due 25th of each month. Thanks again

speak to council and any health care professionals /occupational health. They can help you get rehoused.

pinkshoes

thebaileys wrote: »

Thanks to everyone for taking time to reply. I feel really stupid saying this but we have no tenancy agreement. The landlord is a family friend, who previously lived in the property and left to move in with his partner. Looking back we should have realised the risks, but at the time we were living in a damp property and my partner is waiting for a double heart by pass it seemed like our only way to get out. We moved in on the 25th may 2009 and rent due 25th of each month. Thanks again

In which case, you'll have until 24th September to move out, so a bit more than 2 months.

If you speak to your local council, they'll be able to help you out with a loan for the deposit, as someone I know has just done this.

Try not to panic!

princeofpounds

Yes I'm a bit confused about the scotland thing too... but if you don't have a paper agreement you still do have a contract. It's called a statutory AST (meaning assured shorthold tenancy as defined in law) and it is there precisely for this reason.

Shelter can give you more advice but basically:

you cannot be evicted in the first 6 months no matter what as long as you pay your rent and don't act badly. This is your fixed period.

after that you are on a statutory periodic where you must be given 2 months notice to coincide with a rental period.

the notice of eviction sent by the landlord must be a proper section 21 (google it). if it is filled out even slightly incorrectly a judge will reject the eviction, so often amateur landlords mess up the first attempt. however, eventually they will get it right so unless you fail to find somewhere else it's best to mentally decide to move on and get on with it.

you can ONLY be evicted by court bailiffs acting under a court order. The timeline will be 2 months notice, then a few weeks waiting for court, then a few more weeks waiting for bailiffs, so you will not have to move anywhere all that quickly.

thebaileys

Hi,

Thanks again for your replys,

The paperwork landlord has sent is section 21, it all seems to be filled out correctly.

I know quite a few people have replied saying that the council would only class us as homeless if we stay put until the baliffs come, but to be honest I would not want to do this, as Im quite sure it would cause bad feeling etc...

My partner is not on sick etc... and works full time even though he is of ill health. So not sure if we would get any help.

My Dad has offered to put us up, until we can save a deposit etc... so thankfully we will not be exactly homeless.

Thanks Again to everyone who has taken time to give us advice.

tbs624

princeofpounds wrote: »

Yes I'm a bit confused about the scotland thing too... but if you don't have a paper agreement you still do have a contract. It's called a statutory AST (meaning assured shorthold tenancy as defined in law) and it is there precisely for this reason.

In Scotland it is an SAT , but if the LL has not given the T an AT5 it is likely to be an Assured Tenancy IIRC

princeofpounds wrote: »

Shelter can give you more advice but basically:

you cannot be evicted in the first 6 months no matter what as long as you pay your rent and don't act badly. This is your fixed period.

after that you are on a statutory periodic where you must be given 2 months notice to coincide with a rental period.

the notice of eviction sent by the landlord must be a proper section 21 (google it). if it is filled out even slightly incorrectly a judge will reject the eviction..

Googling s21 wont help much if the property which the OP is renting *is* in Scotland, as s21 refers to the Housing Act 1988 in E/W only.

Different rules in Scotland under the Housing (Scotland) Act 1988- s33/ Form AT6 necessary

OP - your LL should be registered with the local Council - is he? You need to get some local advice as it sounds as though he/the LA does not know what he is doing.