Facing eviction and homelessness

Pixie5740

No it doesn't sound as though your landlord is willing to be flexible even though she wants you out in order to sell.

See G_M's guide for Ending/Renewing an AST to learn the legal ins and out of serving notice. You might find his guide about Deposits useful too.

How short are you on deposit and first month's rent? How long would it take you to save up the money you need and could you sell anything or borrow the money from family to get you there quicker? An overlap between rental properties is very common and something most tenants have to suck up at some point.

It might be worth negotiating with your current landlord and asking for your deposit back now in order for you to be able to move out otherwise you might have to go with the council's advice and wait until you are properly evicted. I wouldn't necessarily mention that the letter she has given you isn't proper notice (or at least it appears not to be) at this moment in time.

ripplyuk

OP, since you get some housing benefit, it can be paid on two properties for 4 weeks if you have to move quickly to secure a new tenancy. There's some information about it on Shelter's website. Obviously, you'll still have the shortfall to pay, but it might help you a bit.

GDB2222

theartfullodger wrote: »

She won''t be the first landlord who tells tenants and agent she is "selling", tenant goes (sadly usually when asked.) then miraculously she changes her mind & re-lets it.

Her reply is not that of someone wanting to sell with vacant possession. I think you are dealing with a liar & a crook (who quite possibly doesn;t declare her rental income).

Was deposit protected & "prescribed information" served on you within 30 days of you paying it? (if not any s21 will be invalid).

Do you have an address for her for you to "serve notices" in England or Wales? (Could be c/o agent: If no address in EorW then rent is not due).

"Her reply is not that of someone wanting to sell with vacant possession. I think you are dealing with a liar & a crook (who quite possibly doesn;t declare her rental income)."

Wow, that's an amazing feat of extrapolation. The LL says that she doesn't want the property handed back with next to no notice, so you conclude that she doesn't declare her rental income. A perfectly sensible explanation is that she wants to market the property from 1 April, and she doesn't want to have a void in the meantime. Or she's got decorators lined up for the start of April, so she doesn't need the property sooner.

The OP has come here with some serious concerns, so let's not get all silly about it.

Guest101

GDB2222 wrote: »

"Her reply is not that of someone wanting to sell with vacant possession. I think you are dealing with a liar & a crook (who quite possibly doesn;t declare her rental income)."

Wow, that's an amazing feat of extrapolation. The LL says that she doesn't want the property handed back with next to no notice, so you conclude that she doesn't declare her rental income. A perfectly sensible explanation is that she wants to market the property from 1 April, and she doesn't want to have a void in the meantime. Or she's got decorators lined up for the start of April, so she doesn't need the property sooner.

The OP has come here with some serious concerns, so let's not get all silly about it.

Given she's already marketing and evicting due to lack of interest, it would seem sensible to negotiate an early surrender.
The LL is clearly not the most honest, we already worked that out, so anything is possible.


I'd argue she'd want to sell before the new SD came into effect, but perhaps she's not that with it.

benjus

GDB2222 wrote: »

"Her reply is not that of someone wanting to sell with vacant possession. I think you are dealing with a liar & a crook (who quite possibly doesn;t declare her rental income)."

Wow, that's an amazing feat of extrapolation. The LL says that she doesn't want the property handed back with next to no notice, so you conclude that she doesn't declare her rental income. A perfectly sensible explanation is that she wants to market the property from 1 April, and she doesn't want to have a void in the meantime. Or she's got decorators lined up for the start of April, so she doesn't need the property sooner.

The OP has come here with some serious concerns, so let's not get all silly about it.

Maybe, but a more reasonable landlord would not expect the tenant to be totally flexible while not offering any flexibility themselves. Someone is likely to lose out financially here - there's probably going to either be a void period with no tenant, or the tenant is going to have to pay rent in two places at the same time. The LL seems determined that she isn't going to lose a penny.

I bet she'd like the tenant to stay there until the day of completion (or a few days before), then obediently shuffle off. And if the tenant can't find a new rental that starts on that exact date - that's the tenant's problem, not hers.

fairy_lights

GDB2222 wrote: »

A perfectly sensible explanation is that she wants to market the property from 1 April, and she doesn't want to have a void in the meantime. Or she's got decorators lined up for the start of April, so she doesn't need the property sooner.

In other words, she's trying to have her cake and eat it.

dktreesea

OP, your approach to this would need to differ according to what outcome you want from your situation. If you want to be able to jump the queue and get a council house, then the previous posters' advice is sound. You have to sit tight, wait until the High Court Bailiffs come around to enforce the eviction, and then only can you go to the council and claim you are homeless. This course of action is not without its risks. Despite councils only being allowed to put up families in B&B temporary accommodation for a maximum of six weeks, there's some abuse of this, especially down in London. If you are offered accommodation and turn it down, you may not be offered any alternative accommodation and may end up with the council not obliged to house you at all.


If, on the other hand, you want a private let, then you need to keep onside with your landlady so you get good references, will need to get together a suitable deposit, which could be for the whole of the lease (paying the first six months up front is not as rare as it would first appear) and will need to move quickly so you have something else before the moving out day. This can involve an overlap period when you are paying rent on two places at once. The plus side of this approach is you may be able to live in the area you want to live and avoid disruption, e.g. not having to move your children to new schools/nurseries.

GDB2222

fairy_lights wrote: »

In other words, she's trying to have her cake and eat it.

This is crazy. Whilst the LL should have served a S21 notice, that merely indicates she's not very competent. It doesn't mean she's a rogue.

I really don't see what's so awful about asking for rather more than a week's notice. She may regret that decision later, but it's perfectly reasonable.

Guest101

GDB2222 wrote: »

This is crazy. Whilst the LL should have served a S21 notice, that merely indicates she's not very competent. It doesn't mean she's a rogue.

I really don't see what's so awful about asking for rather more than a week's notice. She may regret that decision later, but it's perfectly reasonable.

Indeed and if she has decorators in place for April 1st then she's going to be surprised when she doesn't get access. - hence compromise.

theartfullodger

GDB2222 wrote: »

"Her reply is not that of someone wanting to sell with vacant possession. I think you are dealing with a liar & a crook (who quite possibly doesn;t declare her rental income)."

Wow, that's an amazing feat of extrapolation. The LL says that she doesn't want the property handed back with next to no notice, so you conclude that she doesn't declare her rental income. A perfectly sensible explanation is that she wants to market the property from 1 April, and she doesn't want to have a void in the meantime. Or she's got decorators lined up for the start of April, so she doesn't need the property sooner.

The OP has come here with some serious concerns, so let's not get all silly about it.

Thank you for your kind comments:

I am a landlord, have met many landlords & have seen what many landlords do (yes, there is a spectrum of what they do: I make no claims regarding my own personal behaviour): Are you asserting, 100% that the landlord definitely has declared all her rental income, correctly?? I was merely suggesting she " .... quite possibly doesn;t declare her rental income ..."

Just the possibility - but then you knew that - I was not stating landlord did definitely not declare.... How come you (YOU!) appear to claim to know what the landlord did in this case??

I'd love (as in £10 to an agreed housing charity) to see your proof the landlord does declare all her rental income.

If you come up with the proof I'll gladly donate & PM you a screen-shot evidence.

Cheers & best wishes to all, including those who disagree with me....