Family of 4 just served eviction notice.

swinter

Hi i am new to this forum (although have spent many hours browsing) and am just looking for a bit of advice. We have been in our current privately rented accommodation for about 5 1/2 years. In January this year we signed a new 6 month assured shorthold tenancy agreement which is due to expire in a month. The landlord has phoned up last night and said that he was giving me 2 months eviction notice as he wanted to move back in the property.
Now this is the problem. We are currently on housing and coucil tax benefit as i am the ony earner and only work part time and nowhere seems to take people on who are on housing benefit. We also have £2500 in savings.
There is me and my wife to be, a soon to be 3 year old daughter and a 4 month old little boy and also my little dog. Just want to know what my options are as i am panicking a bit now. I dont want to see me and more importantly my family homeless and as i suffer from depression it is a very worrying time for me.
So any suggestions are more than welcome.
And i must say what an exellent site.
Many Thanks in advance.

thesaint

Speak to your local authority and ask them for a list of letting agents/landlords that are willing to consider tenants on housing benefit.

Also approach some housing associations and see if you can be added to their waiting list (If they have one).

Are you on the council housing list? If you aren't, get on that as well.

pickles110564

Speak to the LL explaining that you have been excellant tenant's for the last few years and that you are trying to get sorted out with some new accomodation but are having some difficulties at the moment.
Ask him if he could just cut you some slack until you can find a new home for yourself and your very young family.
I would also follow the excellant advice that has been given above

sparklymessygirl

Hi there,

I don't have much advice to give but thought it might be useful to get a reference or testimonial sorted out with the landlord already, together with copies of rent receipts from the past so that you can demonstrate to a future landlord what a reliable tenant you have been.

You might find some houses for rent on the gumtree website for your area too

Good luck
Sparkly

mystic_trev

pickles110564 wrote: »

Speak to the LL explaining that you have been excellant tenant's for the last few years and that you are trying to get sorted out with some new accomodation but are having some difficulties at the moment.
Ask him if he could just cut you some slack until you can find a new home for yourself and your very young family.
I would also follow the excellant advice that has been given above

Totally agree with the above. If you've not given the Landlord much hassle in the last few years I can't see any reason for some negotiation re your departure date. It looks like he's just going through the normal process of ending the Tenanacy by letting you know before a letter comes your way.

Good luck and I hope you find another place soon.

swinter

Thanks for the replys.
The landlord has said that he needs to move back asap as he has just sold the house he was living in. We are phoning the council today to see what they can do.

mightymouse

Hi

I know I will not get any thanks for this but as a last resort which will blow 'goodwill' out of the water you do not have to move out at the end of the notice to quit period (assuming it has been issued correctly).

I will repeat it is a last resort keep on paying the rent due and looking for somewhere but if pushed I would rather have a Judge look at the details and tell me when to leave than the landlord.

He has done you no favours as he could have given you plenty of warning.

silvercar

mightymouse wrote: »

Hi

I know I wont get any thanks for this but as a last resort which will blow 'goodwill' out of the water you do not have to move out at the end of the notice to quit period (assuming it has been issued correctly).

I will repeat it is a last resort keep on paying the rent due and looking for somewhere but if pushed I would rather have a Judge look at the details and tell me when to leave than the landlord.

He has done you no favours as he could have given you plenty of warning.

He has actually given 2 months warning.

A landlord wanting to possess the property for his own use is one where a judge has a mandatory duty to allow the possession, it is not discretionary.

I don't think this "last resort" would work and could also make you homeless.

pieceoffluff

i would recomend you investigate this 'last resort' in more detail and recommend you look at mine and zzzLazyDaisy's post in the thread below as a starting point

http://forums.moneysavingexpert.com/showthread.html?t=455127

Being served a two month notice for a large family i guess you realise goodwill does not come into a business transaction.

Use the law to your full advantage just as your landlord has.

pieceoffluff

forgot to mention that even if the last resort is not worth pursuing contact shelter as they have been great in giving me advice about my own renting problems

http://england.shelter.org.uk/advice/advice-1010.cfm

clutton_2

""The landlord has phoned up last night and said that he was giving me 2 months eviction notice as he wanted to move back in the property.""

the landlord has to give you two months written notice and it has to be in the prescribed form.

even if the landlord has given you the correctly worded two months notice - legally you do not have to leave at the end of the two months. The landlord must then go to court, and ask for possession - courts are very busy places and he may wait several weeks if not into months before he gets a date set for a hearing. At that hearing, the judge will then order you to leave in 28 days or whatever longer period you can plead for - judges do not like throwing children out onto the street. Even if the judge awards a date for repossession you still do not have to leave - the landlord must then go back to the court and ask for a Bailiffs order - the bailiffs are also very busy people and they may not come to your property to throw you out for another month or two. All this buys you time - but it is stressful. i helped a family who were facing repossession, and we found a landlord who had a house coming vacant in 6 weeks and who was willing to sign a Tenancy Agreement for that future date. The family went to court with this agreement and the judge allowed a further 6 weeks rather than kick a family out onto the street.

Having said all that - if you cannot find a private landlord and you are going to ask the council to rehouse you - they will force you to stay till the bailiffs arrive. If you leave earlier - they will deem that you have made yourselves voluntarily homeless and they will NOT offer you a council property.

This is a truly disgusting, evil and immoral policy - but that is what you have to contend with - rather know the facts now than not know.

if i were you i would go straight to Shelter on Monday and let them help you - this is their area of expertise.

sorry if this is shocking and depressing for you to read .... best of luck

a caring landlady