Family of 4 just served eviction notice.

aaroncaz

I'd like to add to this, if you do get made homeless, the council(mine would) will place you in temp accomodation,hostel, etc.....................It may be worth contacting a social worker, they should have a list of landlords who take HB.

pieceoffluff

clutton wrote: »

"All this buys you time - but it is stressful.

can confirm that at the very least the process would buy you alot of time. the neighbours i refer to in the other thread were served there 2 month notice mid january...they're still here

clutton_2

if you came to me as a prospective tenant with bank statements showing that you had paid the rent on time for the last year; with a deposit in cash; with someone who was willing to act as you rent guarantor and who was working and who was willing to put this in writing; with utility bills and passports; pay slips and maybe even a personal reference or two - i would certainly be very willing to house you.

i know its hard to find good accommodation with young children, but most decent landlords look for long-term tenants, who are self-reliant, who organise their own lives well, and who can then be trusted to pay the rent.

If you have been in the same place for 5 years, this is a HUGE recommendation to a future landlord. Don't despair. Why not try a little advert yourself in the local paper or postcards in local shops "Good home 3 beds, required for loving family with excellent track record as tenants - refs and deposit available. "

the sooner you get somewhere else the better - as i know from some of my own tenants experiences with earlier landlords who tell me just how stressful all this "waiting for eviction" can be - good luck.

Swinter - your landlord sounds like he is new to landlording if he thinks he can just make you leave cos he has sold his house !!

For further peace of mind, there is absolutely nothing stopping you changing your locks. Keep the old ones for replacement when you leave.

franklee

While I agree with everything in clutton's post #11 I'd just like to add a little more detail:

clutton wrote: »

""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.

It may well be the written notice has already been given. It is quite fashionable for landlords to give notice automatically at the start of the fixed term, indeed you do this yourself IIRC. If so then the phone call may just be a reminder or notification that THIS TIME the notice is going to be actioned.

So swinter it's worth checking if you are going to get two months written notice starting now and the phone call was a warning this is in the post. The alternative being that written notice was served, e.g. at the start of the fixed term, and the phone call was just letting you know it's meant this time.

clutton wrote: »

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..

Yes, but the landlord may apply for accelerated possession (still not that fast, but it is faster and dosn't need a hearing), especially if he's using a Section 21 notice. If so then swinter, it's important that you challenge this to force a court hearing and buy yourself more time.

I would say that you need professional help from the likes of Shelter and the council and agree with clutton's post #11.

clutton_2

excellent points from franklee- yes, have a look at your original tenancy agreement and see if you can find a Section 21 notice - if you have, then get to Shelter asap on Monday - if you cannot don't panic. A landlord has to serve the Section 21 notice to quit on exactly the correct day of the month and give you two months notice to quit. The notice has to contain some prescribed phrases, and unless he is a professional landlord he may not realise how to do this correctly.

i have just seen a landlord finally get tenants out who he first started to evict last August - he kept on getting the Section 21 notice wrong and his possession docs wrong also - and it was thrown out by the judge 3 times before it was legally presented to him.

Yes i have used a Section 21 in my ASTs and have only ever once had to invoke it - but even then we came to an amicably negotiated settlement whereby the tenant left the house voluntarily before court proceedings were necessary.

Gold_Shogun

Swinter :-

What area are you currently in, and presumably you wish to remain in the same area ? ... Without wishing to offer any false hope, it MAY be that I might be in a position to assist in some way, and from your description, you certainly sound like potentially good Tenants for ANY Landlord.

prudryden

Speak to the owner first before doing anything out of the ordinary. You have a 5 1/2 year history of good references behind you - worth its weight in gold when looking for a new place. It's like building a business - it can take years to build a good reputation, but that reputation can be destroyed in one minute.

clutton_2

"You have a 5 1/2 year history of good references behind you - worth its weight in gold when looking for a new place."

absolutely spot on Pru

thesaint

Can I just point out (I haven't seen anyone state this,apologies if i've missed it), but if you decide to stay until the court evicts you, you will be liable for the court fee's and bailiffs costs.

For the double whammy, this will also *uck up any chance of a reference.

You will have to leave, so use your 'rights' sparingly.

anniecave

have you looked on any local noticeboards (eg in supermarkets, shops, post offices etc) for houses available? Even if they say working people only it's worth phoning up and asking whether they would consider you anyway, if you've proved yourself reliable and will have a regular income. That's the most important thing as a landlord is concerned.
All the best with getting yourself a new place.