My sister has been given 2 weeks notice - advice needed!

meggiemoo_d

Hi,
My sister was given 2 weeks notice to leave the house she has been living in for a year yesterday. Just wondering if anyone knows the legalities of that. I've tried looking in the contract but its really confusing. Under the housing act it says she should be given 2 months but I wasn't sure if that was only during the first 6 months (contract is rolling on from 9th of July when it ended). The contract also started on the 9th of January 2006, so surely the notice would've had to be given before the 9th of Jan this year to be counted for this payment month. He gave it on the 27th.

She has a baby and a toddler, so obviously we need to get it sorted ASAP!!

The landlord is saying that she owes money, which she says she doesn't and is up to date with rent etc.

Does he have to get a court order in order to kick her out earlier than the 2 months?

Any advice would be gratefully received!

black-saturn

The legal requirement is 2 months I'm afraid. The eviction notice she has will not stand in court. It also has to be proved that she received it i.e. it must have been hand delivered to her or sent by recorded delivery.

Alfie_E

meggiemoo_d wrote:

Does he have to get a court order in order to kick her out earlier than the 2 months?

A landlord needs a court order to force out a tenant. I believe that, if the rent is up-to-date, a court is going to be in no hurry to force a mother and children out of their home. And, although faster than it used to be, getting a court order is still a very slow process. If the the landlord tries to force your sister out without a court order, he or she is committing a criminal offence, and your sister should call the police.

deary65

Read this thread,don't let the other posters confuse your thinking.Your sister has a lot of rights.
http://forums.moneysavingexpert.com/showthread.html?t=359128

meggiemoo_d

It was hand delivered to the property but she arrived just as he was leaving and now won't answer his phone to discuss it.

black-saturn

Normal scenario is that after the 2 months is up he will have to get a court order. The courts will usually try and help a family with children so the courts will usually give them another 2 months then he will have to apply for another court order. At this one the court may give him the rights to his property or may give them a further 2 months (depending on how he's feeling I think). Your sister should stay where she is as if she leaves to sleep in someone elses house she will be seen as making herself intentionally homeless. She should get her name on the council list ASAP and also make an appointment to see a housing officer there. A court will usually let a family stay where they are until they have been offered council accommodation or until they are offered temporary accommodation.

meggiemoo_d

Don't know if she'd get a council house as she lives with her boyfriend who (allegedly) works. Anyone know the ins and outs?

black-saturn

If they are soon to be made homeless they will be intitled to one but they may be in for a long wait. It all depends on how many properties the council have in her area.

chant1l

To be fair this sounds like you have had a section 8 eviction notice.
1) the court will rarely dispute that it has been served and invariably takes the landlords word that it has.
2) The court date need only be set no earlier than two weeks from service.
3)At this point it sounds like the landlord wants your sister out, be absolutely sure that your sister hasnt built up a shortfall somehow, if she has she can pay him to just below the one month in arrears level and she could be ok in court depending on her payment record. If she has paid in bits irregularly he may still pursue for repossession....

devils_advocate

meggiemoo_d

Forget any irrelevancy about whether an assured shorthold tenancy contract is contrary to the human rights act. Also, other posters when trying to help have speculated about what legal form the notice has taken, and advised you accordingly. If the notice is in a different form, their advice is also not relevant.

So the first thing to do, is to find out the wording of the notice she received, and who exactly has sent it (eg the landlord themself, a local court etc.) Without this info our advice would be misleading at best, and wrong at worst, unless by alucky guess we hit the right circumstances.

So I would recommend your sister to go to the local CAB as soon as possible, to get advice on her particular situation. If the landlord is trying to get your sister to move off his own bat, any further visits from the landlord MIGHT constitute harassment, which as a civil case COULD result in a large award of damages against him. I understand that there could also be a housing officer at the local authority who will be able to deal with private tenants problems, such as harassment, (rather like a trading standards officer for landlord and tenant,) who also may be able to help, especially if they were brought in at an early stage in the process.

In broad terms, your sister is entitled to 2 clear months notice, always ending after a rent day, unless she is more than 8 weeks in arrears with the rent, where on successful application to the courts, the landlord could get accelerated possession.

PS she also has a right to quiet enjoyment which means that the landlord is not allowed to enter the property without her permission, even if he gives notice of the visit.

real1314

deary65 wrote:

Read this thread,don't let the other posters confuse your thinking.Your sister has a lot of rights.
http://forums.moneysavingexpert.com/showthread.html?t=359128

surely she's got very few if the landlord has your "notice" clause in the AST?

referring to your own speculative opinions on the untested impact of HRA (which only applies to public bodies) on an AST which involves a private company/individual does not help the OP.

To the OP; she is entitled to 2 months notice (assuming she pays monthly), the LL has to apply to the court to evict, but she is still required to pay her rent whilst occupying the property. Ultimately the LL can get her out.