Asked to leave our private rent HELP!!

poppysarah

If you have a contract until August then it's until August. Unless they want to pay you £££ to leave early.

The mortgage issue is NOTHING to do with you.

Get the shelter number and give them a call.
If you get any harrassment from LA or LL then contact the council's private sector housing team for additional help.

newbutold

d_rok69 wrote: »

I will move if they give back the deposit and i can then move into the lovely flat i have found but i do think we should be offered some kind of compensation or moving costs and i have been told we arent entitled to any

I would tell them that you will agree to end the tenancy earlier as requested, but that you do not expect to be out of pocket as a result. You expect your full deposit to be returned and that the landlady meets your removal costs. Failing this you will see out the rest of your contract.

As long as you pay your rent on time your employment status is irrelevant.

I certainly would not be taking another property from remix, giving the bad & false advice they have given you about the landlords right to terminate the contract.

theartfullodger

You do not have to allow viewings, or surveys, or estate agents round or the landlord.

In your shoes I'd write the landlord, copy agent, a calm polite letter pointing out that you have no intention of leaving until a court order is obtained

Cheeky monkeys!!

d_rok69

im trying to talk to CAB but they never answer their phone

princeofpounds

Remax is a letting agent. In fact, if memory serves they are a franchise rather than a proper chain.

Anyway, d_rok, don't panic. But please be precise with the details.

My understanding is that you had a fixed term AST contract for 12 months running from 25/2/11. You then presumably renewed that contract for a further 6 months fixed term, to expire in August?

If that is the case, the owner cannot get you out of the house until August on any grounds, unless you stop paying rent or otherwise damage the property.

A tenancy can only generally be ended by the landlord in one of three ways:
- Section 21, followed by a court order. This is used when the fixed term of the tenancy is finished. It must be served in a very precise manner but cannot be defended if done properly. The landlord can start this process by serving the notice (and may already have done so - check your paperwork) but they cannot apply for a court order until August so there is no immediate worry on this score.

- Section 8, followed by a court order. This can be used at any time only if the tenant is making major breaches of the tenancy agreement (like not paying rent for 2 months), but can be fought. Given you are not breaking the tenancy then this is not a problem for you.

- Mututal agreement with the tenant.

The stuff about the mortgage lender is irrelevant to your tenancy. That is her problem, not yours, and it might be a lie anyway to give you a 'reason' to believe you have to move on.

Note that serving notice does not end the tenancy. Only a court order does that. It is merely a notice of the landlord's *intention* to repossess the house.

You have almost total power until August. So decide what you want to do - you might want to stay for as long as possible (there is every chance you could spin this out beyond August, with a little stress). Or you might want to negotiate a move if you are financially compensated and you secure a decent onward move.

Then write to the LL, copying the A, saying (in simple clear unemotional terms):

- You have a valid tenancy agreement until August
- You understand the landlord may wish to sell but you wish to continue your tenancy as contractually agreed.
- If you want, you might wish to suggest that you are willing consider a negotiation to move, but point out that the alternative accomodation shown by Remax was totally unacceptable.


You will probably get a whole load of bluster back, but for now you can stand your ground.

d_rok69

I have just been advised by an independent estate agent that they can give me two months notice to leave at anytime and I am not entitled to any compensation or moving costs. They did say the thing about her mortgage company seems like a lie but they can end my the nancy at anytime with two months notice

jjlandlord

d_rok69 wrote: »

I have just been advised by an independent estate agent that they can give me two months notice to leave at anytime and I am not entitled to any compensation or moving costs. They did say the thing about her mortgage company seems like a lie but they can end my the nancy at anytime with two months notice

Well remember not to deal with that agent in the future as he obviously does not know much...

HappyMJ

d_rok69 wrote: »

I have just been advised by an independent estate agent that they can give me two months notice to leave at anytime and I am not entitled to any compensation or moving costs. They did say the thing about her mortgage company seems like a lie but they can end my the nancy at anytime with two months notice

.....and that would be wrong advice. They can give you at least 2 months notice now but that notice would be to ask you to leave no earlier than August 2012. Did you mention you had an AST that ran until Agust 2012 to the independant estate agaent?

Even if a landlord does give you valid 2 months notice it does not mean you have to leave in 2 months or else..... The landlord would have to apply for possession after that date has expired. Then you would go to court and explain you have nowhere to live and the judge will most likely give you another month to leave of your own accord. The landlord then has to apply to get bailiffs in to get you out this takes another month or so.

dawyldthing

are you on a rolling contract now after the 12 months or did you extend 6 months at the end? I bet there linked. There has to be a valid reason, sounds like the independent are linked with the other one

dancingfairy

That may or may not be correct. IF there is a break clause in your contract then they could give you the 2 months notice. If there is no break clause then you can stay until the end of the fixed term. Anyway they would still have to serve the correct notice (not a phone call for a start) and they would have to give you notice from the 24th/25th? of this month to expire 2 months later so 24th May at the absolute earliest.
Just because they believe something doesn't mean they can override the law. Grr.
df