Rant about Landlord - being evicted

moneysavinmonkey

Spoke to landlord on the phone this evening.
She's given us notice and wants us out by the 31 October 2007;
I have asked for two months notice (which we are entitled to I think)
but she says that as our tenancy has gone to a month-to-month basis
she only needs to give us one month notice and is doing us a favour by
letting us know in plenty of time.

Only trouble is it is not enough time!! Started looking tonight at places
but only ones we liked aren't availble until 9 novermber 2007.
Added to that i have my professional exams starting on the 31 October 2007
so is really bad timing.

I tried to say that i think we should have two months but she stood by her guns and stated that her lawyer drafted the agreement to be one month only that it was legal.

She needs the flat for her mum and said that she needed us to move out by then or we would be making her mum homeless.
I pointed out that we didn't have any family in the area so we would be homeless if we had to move out without time to find anywhere else.

we are going to view a house tomorrow and my landlord wants me to phone her afterwards!!

so annoying, moved here with my boyfriend for our first flat together and we have been so happy. Really made it our home and it's only 10 mins walk to my work.

Just forumlating plan of action as i'm sure it's not right that we don't get a full 2 months to find somewhere else

Any help, advice or sympathy from MSEers would be appreciated !

janiefet

If you have an assured shorthold tenancy she still needs to give you 2 months notice.......do you have a tenancy relations officer at your local council? If so, go and see them and ask them to speak with her. You could go and see a solicitor yourself, but if you are working it will probably cost you money! If you do go though make sure they specialise in housing law.

moneysavinmonkey

Thanks - Yes it was an assured shorthold tenancy we signed but the 6 month period ran out so it is just 'month by month' now - but i still think we need 2 months notice.

have had a look at council website and looks like there is a number I can give a ring... obviously won't be anyone there until monday though! no citizens advice bureau in the town where i work/live apart from a drop in clinc on a wednesday... just trying to work out what to say to landlord when i speak to her tomorrow....

I work full timme so wouldn't qualify for any legal help so is going to cost me time+money to get it sorted through a solicitor... so i'd rather sort it myself if i can. is bad enough finding time to find somewhere - time i don't really have with exams coming up!

Does anyone have a link or info on the law that says you have a statory right to 2 months notice - presuming this is right.

msmicawber

When you say that your tenancy has moved to a monthly basis, does that mean that your tenancy expired, and you've got an extension on a monthly basis?

I don't know the legal ins and outs (it's best to speak to the CAB or check Shelter's web site for that), but most people will accept 9 days over the tenancy end date unless they have a particular reason for not doing so - e.g. the property's being sold, or they're moving back into their property because they've got to be out themselves by the 31st, etc.

If the landlord won't give you a 9 day extension, then could you move into a B&B in the interim? How much stuff have you got? If it would fit in a garage, why not advertise at work for a colleague to store your stuff for you for 9 days for £x. I've done that for colleagues - and I've happily taken a decent bottle of wine as rent :beer:

Depending on where you work of course, you could advertise for someone to take you as lodgers for the 9 days, or ask if anyone's got a caravan you could rent temporarily.

I'm not being unsympathetic as I know it's hard enough moving from one property to another at the best of times, I'm just trying to throw some suggestions your way.

janiefet

It is right....you do have to give 2 months notice (I was A TR officer for a LA). It doesn't matter that you are now a "Statutory periodic tenant" ie have a tenancy running from month to month.....you still have a leagl right to 2 months notice. The notice has to be in writing and contain certain info also.......it is a complicated matter which is why I think you need to see your local council. Do a search on google regarding stat periodic tenancies........it might give you more info.

janiefet

Check the shelter website....it gives accurate and up to date info.......things such as when your tenancy started, and how you pay rent ie weekly or monthly, all depend on when your written notice must end.

Lavendyr

Absolutely, if you signed an Assured Shorthold Tenancy lasting an initial 6 months and did not sign anything else thereafter, you are on a periodic tenancy and the landlord is required to give you 2 months notice. She is being unreasonable. However if her reference could stop you getting another let it may be best to try and be accommodating with her as far as possible - then again, if there's nothing available, there's nothing available. You have a copy of the contract presumably, double-check it, go to your local CAB if you need advice but don't let her pressure you. Good luck!

moneysavinmonkey

Thanks for the replies. so far agreeing with what I think...

considering plan B's like finding somewhere else temporary although we have quite a lot of stuff + some furniture! Just can't bear to think about that really now especially as is going to be just right before my exams are... and i have to travel to london for those as well so i won't be around at that time. (my exams are only once a year and a really big deal to me + have cost my employer a lot and my career depends on passing them!)

Concentrating on plan a for now which is how to make the landlord see that she is wrong!

Signed an AST last august, was for 6 months and then after that spoke to landlord and she said just to go onto a rolling contract.... it says...
"if the tenant stays on after the end of the fixed term his tenancy will continue but will be run from month to month (a periodic tenancy). This periodic tenancy can be ended by the Tenant gving at least one month's written notice to the landlord"

it doesn't actually say anything about how much notice the landlord must give but from what you are saying the two months is a statutory thing and it doesn't matter what the contract says??? where can i find a concrete source for this and i will e-mail it to my landlord!

janiefet

Housing Law overrules the contract.......(S21 Housing Act !......either 1988 or 1996.....sorry I cant remember). Do not worry what your contract says......the law is on your side and not hers.

moneysavinmonkey

Lavendyr wrote: »

However if her reference could stop you getting another let it may be best to try and be accommodating with her as far as possible

good point, i hadn;t thought about that. i think try and play it as nice as possible for as long as i can... maybe mention to her that it would help if she could give a good reference - obviously it's in her interest for her to help us to find somewhere else!

liz545

This is what a section 21 (eviction notice) needs to look like: http://www.kingston.gov.uk/notice_requiring_possession.pdf and she needs to give you a written copy of this. The Residential Landlord's Association explains the process here: http://www.rla.org.uk/landlord/possession_proceedings/possession_overview.shtml?gclid=CIe45Pjdw44CFRcGEgodFyKzxA but for some reason I can't find a gov't link to the housing act itself!