Eviction in 7 days

sturman

I gave my Landlord on the 11th of August a 30 day notice that i'm leaving on the 10th September. Unfortunately the house i'm purchasing has been delayed by at least 2 weeks so we can only move on the 29 Sept.
I asked the landlord if i could stay another 2 weeks and i would pay a full month.
The landlord states that he wants us out because he has other tenants.I have pleaded with him but to no avail.Even though we've been good tenants.
My problem is i have nowhere to go and we have three kids.My kids go back to school this week and we were hoing this would be all over by now but unfortunately not.

My question is can he just come and throw us out because we've given notice to leave.I know its not his fault but i have no alternative but to refuse to move.

looking forward to any answers

Stur

BigAunty

See the Shelter website for the process.

Basically, a landlord cannot regain possession of the property unless the tenant leaves of their own volition or has a court order.

If the landlord does win the court case and the tenants still refuse to leave, they then have to return to court to book court appointed bailiffs to enforce it - end of the road for the tenant.

Therefore you can stay put and it will take anywhere from a month or two, up to around 6 months to regain possession legally, depending where you are in the whole process.

mchale

BigAunty wrote: »

Therefore you can stay put and it will take anywhere from a month or two, up to around 6 months to regain possession legally, depending where you are in the whole process.

Correct, but bear in mind you can get sued for any legal cost's incurred in gaining vacant possession.

sturman

That was quick!! The landlord states that because i gave him a letter saying i'm leaving that overides everything and he's going to take possesion.I've looked on shelters website and it doesnt say anything about my rights if i gave him a letter saying i'm leaving.
I will fone Shelter in the morning.....Although i dont think i'll be sleeping tonight

Many thanks
Stur

BigAunty

mchale wrote: »

Correct, but bear in mind you can get sued for any legal cost's incurred in gaining vacant possession.

Are these just the modest court fees rather than the landlord's own solicitor charges, for example?

Tiddlywinks

To be fair to the others that may well be screwed by your lack of planning, the LL may well have tenants lined up that have also given notice and may find themselves without a home... you want everyone to change their plans because you handed in your notice too soon.

Plus, who's to say that the completion date won't move again? Why should the LL / new tenants be messed around? You should have left giving notice until completion day and then worn the cost of the last extra month of rent.

How about going to stay with relatives, friends for the short time... or put furniture in storage and move into a Travel lodge.

dancingfairy

Am pretty sure he can't just rock up and turf you out even if you gave notice, just like he couldn't if he gave you notice, he'd still need to go through the courts ec. He's likely to be pretty narked off to be fair but it would be much better for him to accept your'e not leaving and try and go along with it than to line up alternative tenants and have to let them down at the last minute (in my opinion anyway).
Could you move in with family or friends at all for a week or 2?
Why did you give notice before you've exchanged? couldn't you have pushed for a longer period between exchange and completion to give you time to serve your notice on your landlord? It just seems a risky gamble to have taken (and one which appears to have gone badly wrong ).
df

sturman

Also having looked through my Deposit protection scheme bumf, it says that my deposit can only be used for loss of rent and any damage to the property, is that correct?? if so he shouldnt touch any..

BigAunty

sturman wrote: »

That was quick!! The landlord states that because i gave him a letter saying i'm leaving that overides everything and he's going to take possesion.I've looked on shelters website and it doesnt say anything about my rights if i gave him a letter saying i'm leaving.
I will fone Shelter in the morning.....Although i dont think i'll be sleeping tonight

..

I'm fairly sure that your notice letter is irrelevant in the scheme of things and that if you stay put, he must go through the usual possession process through the courts after he has served you formal notice and the notice has expired.

A tenant must either leave or the landlord gain a court order, that is it. I don't think your letter carries any weight in the legal sense that he thinks it does.

While you are on the Shelter website, do look at the section for landlord harassment and illegal eviction. Clearly your landlord is frustrated because the next set of tenants will be let down.

dancingfairy

Loss of rent is presumably if after staying past the expiration of your notice you don't pay any rent. I don't think it covers losss of rent for another tenant that he may have lined up. Damage to the property - that's impossible to tell from here and also depends on whether you return the property to the same state of cleanliness as when you got it. Have you got a signed inventory with details of all the fixtures and fittings and the state of them at the start of the tenancy as the landlord will have a difficult job tryng to make any deduction without any proof.
df

sturman

Tiddlywinks wrote: »

To be fair to the others that may well be screwed by your lack of planning, the LL may well have tenants lined up that have also given notice and may find themselves without a home... you want everyone to change their plans because you handed in your notice too soon.

Plus, who's to say that the completion date won't move again? Why should the LL / new tenants be messed around? You should have left giving notice until completion day and then worn the cost of the last extra month of rent.

How about going to stay with relatives, friends for the short time... or put furniture in storage and move into a Travel lodge.

obviously someone who doesn't have kids. Maybe the people who are moving in here could tell their landlord the same thing.When your dealing with Families stuff happens.I did it early because i was trying to do the right thing.