can i stop eviction from my home?

bouicca21

I'd assumed that a section 21 would work for a new owner - but maybe he or she would fall foul of the deposit regulations? Or do the rules re-set when ownership changes?

Surely the current ll would get a better price if he/she sold with vacant possession? Or is the property of a type that really only appeals as a buy to let?

Kynthia

bouicca21 wrote: »

I'd assumed that a section 21 would work for a new owner - but maybe he or she would fall foul of the deposit regulations?

To be fair we don't even know if there is a deposit to protect in this case. However a cash buyer could easily buy the place at a bargain price, not have to worry about mortgage lenders worrying about vacant possession and types of lending, then issue a S21. However there's also a good chance someone happy to be a landlord will buy it and keep the OP. Yes they could ask for a rent increase but unless the OP signs a new agreement it would have to be a S13, and if the OP challenged it I think a process begins to see if it's a fair amount for the property and area (not something I know much about though).

Yorkie1

ihatemyhouse wrote: »

they can not buy a house, then evict you so they can live there, they are buying the house with a sitting tenant, so chances are it will be LL who buys it, if its some one who wants to evict you they will have to try a different route, ie, bribe you to leave

ihatemyhouse wrote: »

they cant do it, that is why most evict before they sell, show me the grounds then to evict someone just because you want the house, you have to prove the grounds for evicting, not just because you want to live in the house,

speak to CAB or housing at the council, if you don't believe me

ihatemyhouse wrote: »

Fine don't believe me, but my advice to the OP is not to move out if they want to live there as they have no legal grounds to get you out

to the ones who don't believe me, phone up the council CAB and ask them, tell them "you have just bought a house with a sitting tenant and they wont leave so you can live there as that is why you bought the house" you need other reason for them to move out,

he can ask her to leave and try notices, at which point 80% move out as they don't know the law, but you don't have to leave till bailiffs turn up, and to do that the judge has to be happy with the grounds to issue the notice, and I want to live in the house is not grounds to evict some one, if you owned it before and want to live there again, then there is grounds for this,

OP, ignore the advice from this poster. As others have said, s/he is wrong (and repeatedly so).

There is no law preventing anyone buying a tenanted house and then issuing an eviction notice because they want to live in it (subject to the rules about longstanding tenancies which are protected).

Yes, deposit (if there was one) rules will have to be complied with, or the deposit returned, but a s.21 can validly be served if the tenancy is an AST.

AdrianC

ihatemyhouse wrote: »

this is why they evict before sales, as it is a lot easier

This is the one bit where you're right. It's easier to sell, and it's easier to buy with vacant possession. Nobody intending to be a buyer-occupier would buy with a tenant in place, unless they were happy to go through the s.21 process.

But, as I said, for somebody BtLing, a long-term sitting tenant may well be attractive. No void, no guesswork as to rent, and you know the tenant wants to stay.

Alleycat

AdrianC wrote: »

FIFTEEN years ago...

I assumed he meant approximately 15 years ago so give or take a year and it could well have been just inside the time frame to be assured.

Manners cost nothing.

G_M

Ignore the information provided by Ihatemyhouse.

He does not understand the law.

He is wrong.

I can't be bothered to list his errors and correct them (others have done so).

The post below shows how/when a landlord could evict you . It makes no difference whether they are the current owner/landlord, or a new one.

Ending/Renewing an AST (what happens when the Fixed Term ends?)(What is a Periodic Tenancy?)(How can a LL remove a tenant?)(How can a tenant end a tenancy?)

jamesd

BADSHOTTOO wrote: »

can the new owners evict me? and if they have the right to evict me how can i prelong the process

Yes, unless you happen to have the older protected tenancy type, which were last granted close enough to fifteen years ago to be worth checking if fifteen years was an approximation.

Assuming that you really do have an assured shorthold tenancy, all it takes to start to get you out is issuing you a section 21 notice with an end date that ends at the end of a rent period at least two months after the notice. Check the rules for more specifics if you're issued with one, it's easy enough for landlords to get it wrong and this is just a rough description.

If you refuse to leave at the expiration of the notice your landlord can then go to court for an eviction order. Six to twelve weeks or so from then a court will tell you to leave in a week or less and the police will attend to help to prevent a breach of the police if you do not cooperate at that time. On that day you will be leaving the property, whether you want to or not.

However, it is entirely possible that what will happen instead is that the buyer will be a landlord who will be completely happy to have a long term and low-hassle tenant. The rent will probably be increased to whatever the market rate is for a similar property in the area, after some light refurbishment. You can check this level with local letting agents.

You do not have to agree to a new AST with higher rent level. If you do not, see the section 21 process because that is what the landlord will do if you refuse. It is possible to negotiate rent, since you've demonstrated that you're likely to be a very good long term tenant for the landlord. That won't matter to some, who'll just take the hassle to get the highest possible rent, but it will matter to many.

If you're on housing benefit your landlord may have difficulty keeping you as a tenant because it is common for many buy to let mortgages to prohibit renting to those on benefits. There are some that allow it but costs may be higher. This is one of the reasons why those on benefits have more trouble finding places to rent.

You are going to get at least two months notice. Not a lot after so long there but you can start checking your options now just in case you do have to leave.