Served Notice

palmski

Good day all
Ok heres the story today my Landlord came and served us 8 weeks notice to leave their property.(We live in the south West) Only because there situation has changed and they need to move back in.
The problem is we have 3 children that live with us and just about break even every month.
We have had our name on council list for some time but not a priority as i am working and we are suitably housed. My wife does not work due to youngest just starting school, So she is currently looking. However my problem is we are left with little money each month to live on. Estate agents want £1000 + just to keep a house for you and we just cannot get that sort of money also we have poor credit scores due to previous relationships. We got our current house via a friend of a friend. I am told though that they did secure our deposit in a scheme however cannot guarantee that happened.
What are my options.
Will council now move us up list?
Can we get help with agent fees and deposit?

Or any help i am grateful as you can imagine the heartache we are going through right now.

CKhalvashi

palmski wrote: »

Good day all
Ok heres the story today my Landlord came and served us 8 weeks notice to leave their property.(We live in the south West) Only because there situation has changed and they need to move back in.
The problem is we have 3 children that live with us and just about break even every month.
We have had our name on council list for some time but not a priority as i am working and we are suitably housed. My wife does not work due to youngest just starting school, So she is currently looking. However my problem is we are left with little money each month to live on. Estate agents want £1000 + just to keep a house for you and we just cannot get that sort of money also we have poor credit scores due to previous relationships. We got our current house via a friend of a friend. I am told though that they did secure our deposit in a scheme however cannot guarantee that happened.
What are my options.
Will council now move us up list?
Can we get help with agent fees and deposit?

Or any help i am grateful as you can imagine the heartache we are going through right now.

You can't do anything legally for another 4 weeks, as the council then have a duty to speak to you when you have 28 days to leave. It may be worth looking in the paper at local lets (not through agent) and also speaking to the agent you're with now (if you have one), to see if there's anything they can do to help.

The council have to accept you onto the register, however can allocate properties as they feel the applicants are best suited (long term homeless over risk of homelessness, even when the latter has more points, for example), however you need to see someone from housing to clarify the situation you're in, being careful not to make yourself intentionally homeless at the same time.

Regarding the deposit, ask for reference numbers, as it's actually a legal requirement for the deposit to be stored in one of three schemes.

If there's more info you need, please reply to this, and I'll get back to you later on today.

CK

palmski

I will look everywhere Shop windows local paper etc, But also Rightmove but there is nothing in our price range.
We went direct with LL as to save agent fees etc(I know stupid right seemed a good idea at the time)

CKhalvashi

If you can get a good enough reference, you stand enough of a chance, however there is always a risk that even with this, a LA may not touch you.

If OH can get into work quickly, you may have a good chance of getting somewhere faster.

As there are children involved, the council have more of a legal duty to house you. Start bidding on properties with immediate effect, too.

CK

G_M

First let's check if the Notice you've received is valid!

* What kind of tenancy do you have?
* Is it a Fixed Term and if so, when did it start and how long for or when will it end?
* Or has the FT ended and is it Periodic? If so, what are the Period start/end dates? (Read this post to understand Periods)
* What date did your LL serve the Notice?
* What kind of Notice was it? A verbal 'chat? A formal S21? (S21 (1) or S21 (4)?)
*What end date is on the Notice?

You can contact each of the 3 deposit schemes yourself to check it is registered. Read Deposits here.

palmski

We originally signed a 6 Month contract when that ran out its just been rolling, We have never had any further discussions regarding an agreement and have been here for 13 months now.

The notice came today hand delivered by LL with todays date on. Typed from home computer giving 8 weeks due to change of their circumstances we are to leave by 26th Oct . Opening line from notice reads...We write to give you notice in accordance with the housing act 1988- Section 21. Also attached was an inventory but we never had an inventory when we moved in. I said this to LL he said i know we have done this today from memory. Is this right/Fair how can LL possibly remember all marks stains and wear. Inventory was unsigned also.

chris_m

What date did your original term start? It's important to be sure since you have to be given a minimum of two full rental periods as notice.

That inventory will be of little/no use whatsoever if it comes to any dispute over deposit deductions, being neither signed/dated by both parties nor produced at the start of the tenancy - don't tell the LL though, let them find out the hard way ;-)

palmski

chris_m wrote: »

That inventory will be of little/no use whatsoever if it comes to any dispute over deposit deductions, being neither signed/dated by both parties nor produced at the start of the tenancy - don't tell the LL though, let them find out the hard way ;-)

Thats great news but they have the deposit and will deduct before they release it.

chris_m

palmski wrote: »

Thats great news but they have the deposit and will deduct before they release it.

You mean it's not in a deposit scheme?

If it is, the money shouldn't be released until agreement has been reached, with scheme arbitration if need be, and the deposit split between the landlord and tenant according to that agreement.

If it's not in a scheme, then, irrespective of dates, IIRC that S21 is invalid.

G_M

palmski wrote: »

We originally signed a 6 Month contract when that ran out its just been rolling, We have never had any further discussions regarding an agreement and have been here for 13 months now.

The notice came today hand delivered by LL with todays date on. Typed from home computer giving 8 weeks due to change of their circumstances we are to leave by 26th Oct . Opening line from notice reads...We write to give you notice in accordance with the housing act 1988- Section 21. Also attached was an inventory but we never had an inventory when we moved in. I said this to LL he said i know we have done this today from memory. Is this right/Fair how can LL possibly remember all marks stains and wear. Inventory was unsigned also.

Answer the questions if you want help!

* What kind of tenancy do you have? periodic
* Is it a Fixed Term and if so, when did it start and how long for or when will it end? periodic
* Or has the FT ended and is it Periodic? If so, what are the Period start/end dates? (Read this post to understand Periods) ?????
* What date did your LL serve the Notice? 26/8/12
* What kind of Notice was it? A verbal 'chat? A formal S21? (S21 (1) or S21 (4)?) ????
*What end date is on the Notice? 26/10.12 probobly insufficient but till you answer impossible to say!)

You can contact each of the 3 deposit schemes yourself to check it is registered. Read Deposits here.
Check! The schemes are there to protect your deposit!

Hump

You really need to complete the answers to G_M above - plus did your original fixed term tenancy start on the 27th day of a month?