in rental, landlord wants a valuation?

sniggings

I've been in my rental now for about 5-6 years, my contrat has never been resigned after the first year, so I guess I'm on a 1 month notice.

I have just received a letter from the agent saying landlord wants a valuation for insurance? this is the first time this has been asked for, I'm guessing it's more for a valuation for selling? or am I getting worried for nothing?

If I were given notice, as I am on JSA atm so not deposit and unlikely to pass a credit check, what are my chances of getting help from the council? I'm single so I know I'm at the back of the list but I would hope being made homeless and very little chance of finding a private reantal I would get some help?

Any help welcome, thanks.

BASFORDLAD

You are getting far to ahead of yourself. Wait and see what happens.

If he did sell you be on 8 weeks notice.

No need to panic unless he is going to sell,but it could be as they say.

Hump

Assuming you're in England/Wales and that the landlord does not live in the same building as you - then the notice period would be a minimum 2 months under s21 of the Housing Act 1988 or 2 weeks or 2 months under s8 of the same act depending on the grounds used.

The trick here is not to panic - decline any offer to increase the rent (unless it's fair and you can afford it) and insist the landlord serves a s13 notice - this buys a bit more time if you find yourself likely having to leave.

Fire_Fox

Who is doing the valuation? If it's for insurance it should not be an estate agent, rebuild costs are not the same as market value.

If you are in England or Wales the landlord must serve you two months notice to quit coinciding with a rent period. You would usually need to be evicted through no fault of your own (you must pay rent to the end) to be deemed homeless by the council. The council can give you a paper bond for deposit. Have you applied for social housing or are you assuming you are at the back of the list?

sniggings

I'm in England.

The agent is an estate agent so if they turn up for the valuation would this be allowed or would it be a clue that it was a valuation for sale? I need to ring to arrange the time for the valuation.

I have just filled in the online application for housing, I'm guessing I'm at the back of the list for two reasons, a year ago I rang and asked the question, from the housing officer and was told as I was single, non disable, etc etc I shouldn't even waste my time in filling in the application as I stood next to no chance of ever moving up the list, also on the appliation there are loads of boxes I can't tick, such as being disable, not living in over crowding etc etc atm I am waiting for the application form to be processed then I will know a bit more and if enough points I can start bidding on rentals that come up, but my guess is I will not get any help until I am on the streets, which leaves me with the problem of what I do with my belongings.

G_M

Given what you have said, you are unlikely to be re-housed by the council unless you are actually homeless/on the streets.

That means the LL must have
1) given you the correct Notice (probobly a S21 Notice of 2+ months)
2) applied to court when you did not leave after that time
3) waited for a court date (2 - 10 weeks)
4) obtained a court order for possession
5) and possibly sent round bailiffs (another 2 weeks?) to evict you.

If you leave before all that, the council will say you are 'intentionally homeless' ie you chose to leave.

As for the 'valuation'. If an estate agent is doing it, this does indeed sound like a market valuation, not a re-build cost valuation for insurance. However, the LL may
1) just be interested in the value of his property
2) be thinking of re-mortgaging and need a valuation for this
3) yes, be thinking of selling
4) be thinking of selling to another landlord who would continue your tenancy

So - don't panic!

Yet!

Fire_Fox

You don't have to agree to the valuation at all, tenants have the right to quiet enjoyment. No they cannot just turn up you would have to be given written notice. You could also agree to the valuation but then refuse to allow any viewings if the place does go up for sale. You may have to change the locks if that happens, we have had cases on here if estate agents conducting viewings without the tenant's knowledge!

sniggings

G_M wrote: »

Given what you have said, you are unlikely to be re-housed by the council unless you are actually homeless/on the streets.

That means the LL must have
1) given you the correct Notice (probobly a S21 Notice of 2+ months)
2) applied to court when you did not leave after that time
3) waited for a court date (2 - 10 weeks)
4) obtained a court order for possession
5) and possibly sent round bailiffs (another 2 weeks?) to evict you.

If you leave before all that, the council will say you are 'intentionally homeless' ie you chose to leave.

As for the 'valuation'. If an estate agent is doing it, this does indeed sound like a market valuation, not a re-build cost valuation for insurance. However, the LL may
1) just be interested in the value of his property
2) be thinking of re-mortgaging and need a valuation for this
3) yes, be thinking of selling
4) be thinking of selling to another landlord who would continue your tenancy

So - don't panic!

Yet!

Thanks for that, very helpful, I would hate to have to put the landlord thought all that, even those they have not hardly spend a penny on the property for my 5-6 years and the 5 years before that (it was a friend passed on the property to me), I have always paid on time etc but guess getting evicted is the only option to give me the best chance of housing, if I was asked to leave.

sniggings

Fire_Fox wrote: »

You don't have to agree to the valuation at all, tenants have the right to quiet enjoyment. No they cannot just turn up you would have to be given written notice. You could also agree to the valuation but then refuse to allow any viewings if the place does go up for sale. You may have to change the locks if that happens, we have had cases on here if estate agents conducting viewings without the tenant's knowledge!

I have changed the locks a couple of years ago, the agent had a habit of giving the keys to electric service guys etc without even first arranging for access, the last straw was me coming in from work and my neighbour telling me 2 guys were in my flat whilst I was at work eating fish and chips whilst "checking the boiler".

thelem

I think it's very early to assume that your landlord is about to evict you, but if he does have you considered looking at rooms in shared houses? They are a lot cheaper than small flats, and you get to split the bills, council tax etc with your housemates.

Fire_Fox wrote: »

You could also agree to the valuation but then refuse to allow any viewings if the place does go up for sale.

Bear in mind that if you do do that, then the landlord will have no choice but to evict you if he wants to conduct viewings in order to sell. On the other hand, if you allow viewings then the landlord may not want to evict you for as long as possible (and may even sell to a new landlord).

Hump

The other point is 'did your tenancy start after the 6th April 2007 and did you pay a deposit?'

If yes & yes then has it been protected in an authorised scheme e.g. DPS, TDS or mydeposits AND have you been notified by the landlord?