End of tenancy council advise wait for eviction

andycuk

What about the inventory company? They have been in touch to make appointments to do a pre check before final one on day we move out (or not now as the case may be!!)

lighting_up_the_chalice

Bluebirdman_of_Alcathays wrote: »

Don't contact him. Inform the local plod of the situation, and that you believe an illegal eviction may be about to take place.

Worth googling and printing out the judgement from Naughton v Whittle and Chief Constable of Greater Manchester Police.

lighting_up_the_chalice

andycuk wrote: »

What about the inventory company? They have been in touch to make appointments to do a pre check before final one on day we move out (or not now as the case may be!!)

Up to you. If you are happy with a pre check out check, fill yer boots. If not, just tell them so. Personally, I'd welcome the opportunity for potential deposit issues to be pointed out before they become cost critical, but you may feel differently.

G_M

andycuk wrote: »

He told us that he spoke to his solicitor and we aren't able to stay longer as this house has to be empty for completion on July 1st.....

Where do we stand in regards to this?

TIA

His solicitor is advising him of the law relating to his sale of the property. NOT the law relating to tenancy.

He is legally obliged to hand over the property empty at Completion. That does not mean he can evict you though! So he is extremenly stupid to be making a legal commitment to sell and empty property when he does not have an empty property.

That is his problem, not yours.

You could, of course, offer to leave before July 1st if he makes it easier for you eg
* helps you find a suitabe property
* provides good references
* pays your new deposit
* pays your removal expences
* pays your 1st months rent
etc

That way, he avoids being sued by the people buying his house on July 1st when he fails to Complete.

On the day that the tenancy is meant to end what do we do? Do we call him? Write to him? Let him know prior our intentions to stay put?

By the sound of it, this is an owner /landlord with little understanding of the law. So to protect yourself, I would change the locks.

Whether you do/say nothing, either before or on the day the S21 expires is up to you. Or you could write a polite note saying
"Dear Mr LL

Unfortunately the property we had hoped to move to has unexpectedly fallen through, so we will have to delay our onward move.

Hopefully another property will become available, though as you can imagine there are only a few suitable properties within the area. Since you seem keen for the tenancy to end, any assistance you can offer would be gratefully received, and would help us each to achieve our objectives.

Yours sincerely

Andy

andycuk

lighting_up_the_chalice wrote: »

Up to you. If you are happy with a pre check out check, fill yer boots. If not, just tell them so. Personally, I'd welcome the opportunity for potential deposit issues to be pointed out before they become cost critical, but you may feel differently.

We are more than happy for the pre check out...... Just didn't understand how it's going to work now in regards to the final check being completed 13th!!! As we will be staying put

lighting_up_the_chalice

andycuk wrote: »

We are more than happy for the pre check out...... Just didn't understand how it's going to work now in regards to the final check being completed 13th!!! As we will be staying put

With any luck, that delay will be minimal. But it gives you the opportunity to correct any issues identified (or prepare a defence).

G_M

lighting_up_the_chalice wrote: »

Worth googling and printing out the judgement from Naughton v Whittle and Chief Constable of Greater Manchester Police.

http://www.landlordlawblog.co.uk/2010/07/21/unlawful-eviction-case-%E2%80%93-the-police-finally-brought-to-account/

http://nearlylegal.co.uk/blog/2010/07/illegal-eviction-and-the-police/

mrginge

As an aside, if you have a factually incorrect reference provided by the LL to a third party and evidence that the reference resulted in you being denied a new tenancy, then you may have a case for deformation.

Something that you may wish to discuss in further details with a solicitor.

princeofpounds

As has been pointed out, your tenancy continues, (or more accurately becomes a statutory periodic tenancy, which is almost the same thing), until it is ended by a court order or by your agreement.

If the LL has already exchanged and needs to complete then he is a fool, as he will not be able to with you in occupation. In any case, I is not your problem, but it raises the chances of an illegal eviction attempt but also potentially a cash 'bribe' to get you to move out somehow. If he isn't just saying that to bluff you into moving.

Tell the inventory company not to come, preferably in writing, as the tenancy is not yet going to end, so it would be pointless for them to attend.

As one of the previous posters highlighted, what the council appear to be doing is called gatekeeping. They are not supposed to be doing that any more, so find the relevant section of the localism act and return to them, make a complaint if necessary (and I don't mean counter-productive shouting in the office!). But remember that they only have a duty to find you something, not something you might actually like, so keep your powder dry if you think a little more time may allow you to sort yourself out.

Remember you can get further advice from Shelter.

Good luck, keep in touch

bris

Once you go down the route of letting a court evict you, you will have serious trouble ever getting a private let again.

The council are fobbing you off and when you are evicted you will just get another excuse off the council and find yourself in a hostel anywhere they can put you for a long time.

Not all councils use this method, most, at least the two I have properties spread over, take the notice period as the time to deal with it, never has anyone ever been told to wait to get evicted.

The councils who use this sharp practice are not the ones who have to deal with the after affects being evicted leaves you with.