Landlord is terminally ill and has given notice!

stashingcash

Hi there,

I'm fairly new on here but desperately need some advice and wondering if someone can help...

My husband, toddler and myself have lived in our home under an AST for just under two years, we love this place, no problems at all from our end, always paid on time and house is looked after very well.

The last few months have been a struggle to scrape the rent together but we have managed. Not a penny to spare though! Anyway, today i get a call from our letting agent saying our landlord has a terminal illness and is giving us 2 months notice starting monday as he needs to move back this way to be closer to his family and wants to live in this house.
I am sure he is well within his rights. The problem is we dont have any savings, and wont get our deposit back until the day we vacate (and it'll be a cheque!) so theres just no way we can afford the deposit on a new place. Husband earns £50k+ but we are in debt up to our eyeballs and are barely covering the minimums each month.

If we were to go to the council would they turn us away because of hubbys earnings? Would they have to provide emergency accom because of our little girl? Would they house us temporarily or tell us to go away?

I am worried that if we leave on 14th November as agreed, then we havent actually been "thrown out" (I believe its called a section 21?) and the council will say we have made ourselves intentionally homeless. How can I refuse to leave the landlords house the poor man is on his last legs!

Can't sleep for worrying!!

thegirlintheattic

To be housed as an emergency you'd have to stay until a court evicts you, this would place your LL under considerable stress and could take months. Your within your rights to do this though.

stashingcash

I thought so. I would never do that to him, poor man just wants to be near his kids. Doesn't leave us in a great position though does it.... I wonder if he wrote a letter to accompany and application it would help? Surely there must be some flexibility or we will be on the streets for xmas :-(

arbroath_lass

Does your current letting agent have anything else suitable? Maybe they could work something out for you? Providing all your deposit will be returned.

Londonsu

Why dont you ask your Landlord if he could help with a deposit on a new place maybe reducing your rent for the last months of your tenancy or by giving you your deposit back early.

It would be better then putting him through the trauma of having to evict you in the final months of his life so he may agree if you tell it like it is - not as a threat 'gimme the money or we wont move' type of thing

I would also look at getting advise on your debts MSE or Consumer forms have debt advise forums someone may be able to help you.

G_M

I don't know who I feel more sorry for....

The Local Authority will almost certainly need you be actually evicted by a court and made homeless. That means ignoring the LL and forcing him to take you to court - the last thing he needs at this time.

In fact 'a call from your letting agent' has no legal standing anyway. Unless it is followed up by a S21 Notice it would not even allow the LL to apply to the court. If the agent has done it wrong, this means you can stay, but the poor LL is up the creek without...

The best solution all round is for you to make clear you do not wish to cause the LL stress, and want to move asap, but you need help - either early return of your deposit to use on next place and/or offer of a new plcae from the agents, forgoing the (sometimes expensive) credit checks etc.

If all parties are reasonable, and willing to compromise (you, the LL, and the agent) then perhaps everyone can avoid undue costs and stress.

paddedjohn

Im with G_M, to leave on their terms you should negotiate with the agents for the best deal possible. Although sad, its not really your problem about the LL, he wants to be near his family but you need to look after your own, your prority is housing your family and until an s21 notice is issued then you dont have to do ahything.

Emmzi

I agree, I would have a discussion with the agency about why you cannot move as you have no deposit or movers fees and the only thing you can do is wait for the full eviction process so the council will rehome you. (Probably into a B&B but them's the chances)

However if he were willing to refund the deposit and waive the last 2 months rent you would be in a better position to move.

They can only say no. In which case your have no choice but to sit tight.

firsttimetom

Agree with the other posters.

I would go in to the branch and talk to the person in charge of the lettings - ring ahead and book an appointment with this person, but do the discussions face to face in branch and not on the phone.

If you have been good payers, and good tenants in general and if you are going to be renting your next property through them (which you may have to) then the agent will be more willing to help you out.

ceridwen

I'd go for the explaining (gently) to the agency what the problem is and see if the landlord/agency between them can work out a deal that wont disadvantage you.

Obviously - its priority that you have to leave and I winced at the thought of the posters who were urging you to "look after your own interests first" when the house IS the landlords home and he is a dying man. I certainly agree that, as he has been perfectly fair to you to date by the sound of it, then its fair enough to leave asap and make it as easy as possible for him (ie as he certainly wont need any further stress added to his illness).

Good on you that you are taking the attitude that of course you must find somewhere else in the circumstances.:T

I wonder whether it would be worth your while contacting your local Councillor and explaining the circumstances that you are in re an urgent need to be rehoused and asking if they could contact the Council officials on your behalf and explain that it is not possible for you to stay put and await eviction - because its not fair or possible to put the landlord through this in the circumstances. I would have thought there must be some sort of leeway possible that your Council could be persuaded to use in view of the fact that its literally impossible for you to sit tight after the expiry of the notice period.

I am guessing that a Council could exercise leeway rather than playing "jobsworth - abide by the rules for the sake of it" if they were given proof that the circumstances are as stated. That is - a letter from the landlords doctor stating how ill he is and that this house is his home. I am sure a reasonable landlord would provide such a letter and a doctor would do one for him in the circumstances. It would be perfectly reasonable for a Council to require proof of these circumstances - as there must be people who "try it on" to push unfairly for Council accommodation and they will need evidence that this is genuine.

I'm sure it is genuine from what you say.

ViolaLass

OP, just wanted to say that while legally, you could screw the LL and refuse to leave, I am pleased that you recognise that this is morally unpleasant, to put it mildly. You make society a nicer place. I have no advice to offer beyond that which you've been given already but I wish you luck.