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End of tenancy council advise wait for eviction
andycuk
Posts: 61 Forumite
Hoping you guys may be a able to give us some advice following the end of our tenancy.
We have been with a landlord for six months we were told at the start of the tenancy that he only wanted a six month tenancy as he wanted to see what we were like as tenants before committing to a long-term let.
After four months we were told he was putting it on the market to sell. We were issued with a section 21 notice from the letting agent which expires on the day we move out.
It appears that we have just been used as a stopgap as the property was sold within three days of being on the market and no viewings. We believe that there was a buyer waiting in the wings from the beginning.
The landlord has then given us a bad reference with our new letting which has now fallen through, our current landlord was challenged by our new letting agent and immediately began backpedalling this reference has been rescinded. Unfortunately we have still lost the new property because of this reference despite changing it and stating that he lied.
We now have six days until we are due to leave the property and have nowhere to go. We have approached the local council who have told us that we should stay put in the property we are in and wait for a possession order and then an eviction order.
I have to say I find this a little extreme especially as it is advice from the council, however with three children we do not have anywhere else to go.
Has anyone had any experience of this previously or can offer us advise as to where we stand legally with the advice we have been given.
We are obviously concerned with the children at the house what action the landlord could take against us if we do not move out on 13 June, despite the fact that it is his fault that this has come to this.
We have always paid our rent on time and the house has been kept immaculate.
We would greatly appreciate any advice you have to offer.
Many thanks
Andy
We have been with a landlord for six months we were told at the start of the tenancy that he only wanted a six month tenancy as he wanted to see what we were like as tenants before committing to a long-term let.
After four months we were told he was putting it on the market to sell. We were issued with a section 21 notice from the letting agent which expires on the day we move out.
It appears that we have just been used as a stopgap as the property was sold within three days of being on the market and no viewings. We believe that there was a buyer waiting in the wings from the beginning.
The landlord has then given us a bad reference with our new letting which has now fallen through, our current landlord was challenged by our new letting agent and immediately began backpedalling this reference has been rescinded. Unfortunately we have still lost the new property because of this reference despite changing it and stating that he lied.
We now have six days until we are due to leave the property and have nowhere to go. We have approached the local council who have told us that we should stay put in the property we are in and wait for a possession order and then an eviction order.
I have to say I find this a little extreme especially as it is advice from the council, however with three children we do not have anywhere else to go.
Has anyone had any experience of this previously or can offer us advise as to where we stand legally with the advice we have been given.
We are obviously concerned with the children at the house what action the landlord could take against us if we do not move out on 13 June, despite the fact that it is his fault that this has come to this.
We have always paid our rent on time and the house has been kept immaculate.
We would greatly appreciate any advice you have to offer.
Many thanks
Andy
0
Comments
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The advice given by council is correct you stay where you are and wait until the bailiffs kick you out and you are literally living on the street. They may then house you in temporary accommodation. Awful I know but that's how they want it.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Thank you for your reply.
What do we do with regard to rent in the property also can this affect our credit rating and The substantial deposit that the landlord holds against us.
Where do we stand with regards to him accessing the property and throwing our furniture and effects out on the street.
Thanks0 -
I don't understand your surprise. You have nowhere to go. You have a tenancy ongoing till it is ended by a court. Why would the council advise you to leave early.... with children and nowhere to go.
We have approached the local council who have told us that we should stay put in the property we are in and wait for a possession order and then an eviction order.
I have to say I find this a little extreme especially as it is advice from the council, however with three children we do not have anywhere else to go.
Andy
Start looking for somewhere else and hope you find somewhere before the tenancy is legally ended - which is not on June 13th, ir is on whatever date the court decides.0 -
http://england.shelter.org.uk/get_advice/private_renting
The LL will have to take you to court to get you evicted. He is not permitted to access the property without your consent.
Change the barrels in the locks as a matter of urgency. Keep the old ones, and replace them when you eventually leave.
From what you say, your LL has been very foolish and only has himself to blame for the extra hassle of taking you to court.
You need to keep paying the rent. I'm not sure if you will have any court costs.
Unfortunately, we have a rather silly system which means that you need to wait in the property until there is a court order for you to leave, otherwise the council will not re-house you.0 -
Why on earth did the LL give you a bad reference when he wanted you to leave? Makes no sense at all!0
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There's nothing wrong with a property owner renting out a property as a stop-gap awaiting a sale.
Is he evicting you before the 6 months is up? On what grounds?
If the 6 months is up, then I can't see that he has done anything wrong. If the bad reference was completely uncalled for then he is probably the type that would let himself in or try to withhold your deposit, but honestly I don't know what to advise if the council won't help you find alternative accomodation.
Can you afford monthly rent? Even on short notice you should be able to rent another property, but I understand that could prove difficult if you don't get your deposit back quickly.0 -
There's nothing wrong with a property owner renting out a property as a stop-gap awaiting a sale.
Is he evicting you before the 6 months is up? On what grounds?
If the 6 months is up, then I can't see that he has done anything wrong.
According to the OP, the LL lied about his reason for wanting a 6 month contract.0 -
The notice which the LL has served is not an eviction notice and does not require you to leave the property. What it does, is to put you on notice that if you don't leave after it expires, he will go to court to seek an eviction order. If you then don't leave after the eviction order expires, he will have to go to court and seek an order for bailiffs to actually evict you.
Councils are not supposed to make you go through the hoops of waiting for an eviction order, but many do because of the stretches on their resources.
If you leave before the first court order, you will be deemed voluntarily homeless and therefore ineligible for council assistance.
As others have said, council assistance is likely to be emergency accommodation initially and not necessarily a council property thereafter.
If you can find alternative accommodation yourself in the interim period, then it will be far better for you and your family.
Out of interest, did you pay the LL a deposit? If so, was it protected within 30 days and were you also issued with the prescribed information document within 30 days?0 -
There is no minimum standard required to become a LL - any idiot can do it.
I'm sure you would have complained about a landlord who was giving false reference in order to get rid of tenants as well...According to the OP, the LL lied about his reason for wanting a 6 month contract.
Doesn't matter what reason he gave... He was entitled to offer whatever term, and OP was entitled to accept or refuse.Unfortunately, we have a rather silly system which means that you need to wait in the property until there is a court order for you to leave, otherwise the council will not re-house you.
Indeed. The councils are to blame as they pull this to delay having to re-house as much as possible.
Of course that means that tenants who, if they need the council's help, are already in a bad situation end up being liable for hundreds in legal fees.0
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