Notice to quit from housing association

BigAunty

martinsurrey wrote: »

You can think all you want, but will get nowhere.

...

I agree, should the OP and his neighbours have a conventional assured shorthold tenancy agreement that is typical to a private sector tenant, you have absolutely no chance of staying put by challenging them legally.

This is because if the S21 notice, if this is what you have all received, is served correctly, then when it reaches court, the judge has absolutely no discretion whatsoever, and must award possession to the landlord. There are no grounds to resist, though tenants might get a few extra weeks in the property before the possession notice takes effect if they can demonstrate hardship.

The fact that the stock is owned by a housing association gives you no other additional rights whatsoever if they've let it out on a conventional private sector tenancy agreement, AFAIK.

However, I have come across an instance whereby a local council with private sector leases (stock secured in the private sector and managed by them via ASTs rather than a secure social housing tenancy) believe they cannot evict the tenants through the court as the judge will want them to prove that they've respected their Human Rights and won't award them possession. Not sure that this luxury is extended to private sector tenants in housing association stock, though. You'd need to seek specialist advice on a social housing tenancy forum.

shonzyd

Needsomesunshine wrote: »

They experimented with private renting as a separate business so we are private not social tenants. When I found out it was owned by a housing association they said these houses are not under the same regulations. I qualify for homebuy/ shared ownership but they want to sell privately for full market rate.

Clearly they are trying to get rid of those houses so you need to look elsewhere. Depending on where you live check out your local homebuy agents website. They have both renting and buying options. Even if its intermediate market rent. Albeit im sure a property size you need is hard to come by (presumably you need 4+ bedrooms) but you need to explore all your options.

If the HA are getting rid you have no chance of overturning this, just the same as if a private landlord wanted to sell their property; its their prerogative. And private rents would always be the first to go, their not regulated in the same way as social housing. Im not sure how you did not know who your landlord as when you moved in. You must have signed their tenancy agreement?

Needsomesunshine

Thankyou for your advice. The tenancy was done through a private letting agent & he told us his letting agency owned it! Ridiculous I know but he was put in charge of letting all the new houses on the development which were quite a few. I have spoken to shelter & they have said the same as you so I admit defeat. Thanks anyway.

Fire_Fox

Have you been on the council/ housing associations list for four years? Have you updated your details so that your priority band is as high as possible given you have five children and at risk of homelessness?

agrinnall

I'm surprised that nobody before me has asked whether you paid a deposit when the tenancy started and whether it has been protected in one of the schemes. If it hasn't, or if you haven't been notified of the details, then I believe from previous reading on here that the S21 is automatically invalid.

We also don't know whether you have renewed the tenancy since the original one (and if so, what the end date of the current tenancy is), or if you are now in a periodic tenancy. While a S21 will eventually gain possession for the LL it does have to be issued correctly, and if it hasn't been then that may buy you some time.

sammyjammy

agrinnall wrote: »

I'm surprised that nobody before me has asked whether you paid a deposit when the tenancy started and whether it has been protected in one of the schemes. If it hasn't, or if you haven't been notified of the details, then I believe from previous reading on here that the S21 is automatically invalid.

We also don't know whether you have renewed the tenancy since the original one (and if so, what the end date of the current tenancy is), or if you are now in a periodic tenancy. While a S21 will eventually gain possession for the LL it does have to be issued correctly, and if it hasn't been then that may buy you some time.

No reason to think deposit not protected.

OP said "We have had a rolling tenancy for the last 2 years and have been given 2 months notice to quit."

agrinnall

sammyjammy wrote: »

No reason to think deposit not protected.

But also absolutely no reason to think it is.

sammyjammy wrote: »

OP said "We have had a rolling tenancy for the last 2 years and have been given 2 months notice to quit."

Yes, I missed that one, probably because of later posts asking about the status of the tenancy.

Needsomesunshine

They have confirmed that they will be selling at full market value & that they need to sell to get rid of stock that they purchased when the development was built 5 years ago. They were hoping that the market would pick up but as it hasnt they are cutting their losses. I am going to see a mortgage advisor on Friday to see if i can buy but they are not offering any incentives. I might be better off getting a brand new house at this rate!
Thankyou for your replies

Needsomesunshine

Fire_Fox wrote: »

Have you been on the council/ housing associations list for four years? Have you updated your details so that your priority band is as high as possible given you have five children and at risk of homelessness?

We are not on the council list. We have always paid private rent ourselves.