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Private rental help!

Hi, I don't know if anyone can help.

Myself, my partner and my two children have been living in a private rented house for five years now. Last week my landlady told us, out of the blue, she's decided to sell and we have until 5 may to move out. She also upped our rent by £100 for the last two months we're there. We started on an assured short hold tenancy but has become a monthly rolling thing as she's never updated it. We've never missed a months rent either.

Renting isn't a problem, however getting the deposit etc together is in such a short space of time is. We simply haven't got that sort of money just like that and I'm slowly having a bit of a melt down about it.

Does anyone know of anyone that could help us in the government, councils etc? We can't get a loan either as I'm a full time housewife and my other half has defaults which expire in August this year (bit late!)

Any help would be greatly received

Thank you

Lizzy

Comments

  • Werdnal
    Werdnal Posts: 3,780 Forumite
    Part of the Furniture Combo Breaker
    Has the landlady issued you formal written notice? Until she does so, she cannot just tell you to move out.

    When/if she issues notice, this too does not mean you actually need to leave on the date the notice ends. To end your tenancy the LL first has to issue a Section 21 notice seeking possession. This must run for 2 full months, be dated and served correctly and is only valid if she has correctly protected your deposit. Have you received notification of deposit protection?

    The council will only help you if you are unintentionally homeless, as you will be if you sit out the whole process and force the LL to evict you. If you just up and leave on the strength of the LL verbal instruction to move out, then you will forfeit any compulsory council assistance.

    How did the LL implement the rent increase and have you started paying it yet? There is a specific process she needs to follow to increase your rent, but if you have already accepted the increase, then by default, you cannot challenge it!

    Have you checked whether you would be entitled to any additional benefits to enable you to afford to move? Are you already claiming housing benefit etc?
  • Lizzyellis
    Lizzyellis Posts: 2 Newbie
    edited 10 February 2013 at 10:40PM
    She came over to collect rent (as she did every month) and told us she was increasing our rent by £100 because she was improving the property and then told us it was with a view to sell it in the next year or so. My partner told her he didn't think she could up it by so much so quickly to which she said shed never upped our rent before so this was in effect the past five years worth!

    The next day she put a written note telling us after previous consideration regarding last night conversation she has now decided to sell straight away, and that this was our notice to be out on or before 5 May.

    My other half is on £40k a year so we do not received any benefits but we have not got the money to find the rent here, the rent, deposit and fees elsewhere so quickly, thus my dilemma.

    I don't want to rock the boat with her too much as her husband is not a very nice man. Lame sounding I know but I'm not sure what he'd do.
  • If you require help from your local council to move they will not assist you until you have been served with a valid section 21 notice.
    You must not be in any rent arrears.

    Valid notice needs to be in writing and in the proper format and by law needs to contain information on where you can get help. I would assume, although I am just guessing, that rent increases must follow another legal format to be valid, and simply telling you will not be legal.

    The best thing you can do would be to contact your local council housing office and tell them you believe you are being illegally evicted. Take all of your documents (Tenancy agreement, deposit information etc) with you along with the written letter she gave so that they can obtain copies.

    When we did this our council took it out of our hands. They wrote to our Landlord and warned her against illegally evicting us. They also assisted us in securing alternative accomodation. As, once you have reported them you can probably be sure they will issue you with a valid section 21 notice. But the council have powers to fine Landlords if they do anything illegal and having them on your side will put your mind at ease.
  • sandsni
    sandsni Posts: 683 Forumite
    Regarding the deposit for the next place, did you pay a deposit to the LL when you moved in? In which case you would be due to get that back (provided the house has been left as you found it, minus normal wear and tear) when you move out, so it could go towards your new deposit. Social Services might be able to provide you with a crisis loan if the next deposit is more than you get back.
  • sandsni wrote: »
    Regarding the deposit for the next place, did you pay a deposit to the LL when you moved in? In which case you would be due to get that back (provided the house has been left as you found it, minus normal wear and tear) when you move out, so it could go towards your new deposit. Social Services might be able to provide you with a crisis loan if the next deposit is more than you get back.

    Even a timely returned deposit will be received too late to use for a new property (which they will want fully cleared by the day that you move in).

    and you can probably count the number that are returned timely on the fingers of one hand

    tim
  • sandsni
    sandsni Posts: 683 Forumite
    Even a timely returned deposit will be received too late to use for a new property (which they will want fully cleared by the day that you move in).

    and you can probably count the number that are returned timely on the fingers of one hand

    tim


    Maybe Social Services would give a crisis loan for the whole deposit until the original deposit was returned, at which time the OP could pay back the crisis loan?
  • cattie
    cattie Posts: 8,844 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Social Services do not provide loans. It is DWP who can provide crisis loans, providing applicant is on a means tested benefit. But as this couple are on over £40k per year, they will not qualify for any means tested benefits.

    OP, as you have been advised to sit out your tenancy until you are officially evicted, can't you possibly save like mad between then and now to get a deposit together, as you have quite a healthy income?
    The bigger the bargain, the better I feel.

    I should mention that there's only one of me, don't confuse me with others of the same name.
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