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Landlord and Tenant Act 1987 compensation

dccantona
dccantona Posts: 14 Forumite
edited 15 May 2013 pm31 1:55PM in House buying, renting & selling
A relative of mine is a protected tenant; circa 30 years. He received notification from his landlord , a housing trust that the property would be put up for auction giving him less than 2 months notice.All they stated was that a board would be put up and to allow a surveyor in. He complied with this and the property was sold. Under section 5b he has never been offered the property and that the notice period was not adhered to;
Section 5B - where the landlord intends to dispose by auction.

  1. Where the landlord intends to dispose by auction, the notice must be served between four and six months before the date of the auction.
    The notice must include the following:
    The notice must include the following:
    1. the principal terms of the proposed disposal, the property and the interest. However, there will be no price or deposit mentioned (nor is the landlord required to divulge the reserve price);
    2. that the disposal is to be by public auction;
    3. that the notice is an offer by the landlord for the contract (if any) entered into by the landlord at the auction with the purchaser, to have effect as if the nominated person had entered into it;
    4. the initial period for acceptance of at least two months. This initial period must end at least two months before the date of the auction; and
    5. a further period of 28 days for the nomination of a purchaser (note, not two months, as in S5A notice). This period must end at least 28 days before the date of the auction.


My question is if they have not followed the procedure and that the law suggests it is a criminal offense with up to £5000 fine what are the options for him. After living there so long this has caused a great deal of stress and though he does not have to move with a new landlord what can he do. Who would initiate an investigation and what are the likelihood of a prosecution.[FONT=&quot]Should he have been given the right to first refusal and does a notice to sell constitute an offer[/FONT]
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