Landlord wants to move back in to property

McKneff

As above, you do have a choice.
Its the law for you to expect 2 months notice.
The next choice is just sit tight till you are evicted. Then apply for social housing.

theartfullodger

El4ine83 wrote: »

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We have no tenancy agreement and need to know our rights? We have rented this property for over 7 years. ...................

You do have a tenancy agreement: But it's verbal, but entirely valid.


That may help your case, landlord as family member is likely to have no complied with all documentation needs - eg no EPC & GSC served prior to moving in.. and thus any s21 notice will be invalid.


He doesn't have to just give 2 months notice. He has to serve either/or/both s21 and s8 notice. If valid such notice does not end tenancy nor require you to leave.



See what notice you ever get them post details.


£5 says he's not been fully declaring all his rent income.


HOW (eg cash, bank transfer..) have you been paying rent, please?

danlewi2

Go to the council then, however I m sure you can find somewhere within a month.

silvercar

El4ine83 wrote: »

We don't really seem to have a choice but to move within the month? And no realistically I can't find somewhere and move with 3 kids in a month.

Most private rentals are available are quite quick. If you look on the rental portals eg rightmove, a lot of properties will be available within a few weeks. In fact, if you were looking not to move for a couple of months you may find landlords less keen.

If you are waiting for a council property, you may find the council won't offer much until you are literally facing eviction. Depends on your area.

At the end of the day, you will need to move whether it is within weeks or months, so you need to take control and start planning.

silvercar

theartfullodger wrote: »

You do have a tenancy agreement: But it's verbal, but entirely valid.


That may help your case, landlord as family member is likely to have no complied with all documentation needs - eg no EPC & GSC served prior to moving in.. and thus any s21 notice will be invalid.


He doesn't have to just give 2 months notice. He has to serve either/or/both s21 and s8 notice. If valid such notice does not end tenancy nor require you to leave.



See what notice you ever get them post details.


£5 says he's not been fully declaring all his rent income.


HOW (eg cash, bank transfer..) have you been paying rent, please?

Why would you think that family members be less concerned with their legal obligations (particularly safety concerns) just because their tenant is a relation?

El4ine83

theartfullodger wrote: »

You do have a tenancy agreement: But it's verbal, but entirely valid.


That may help your case, landlord as family member is likely to have no complied with all documentation needs - eg no EPC & GSC served prior to moving in.. and thus any s21 notice will be invalid.


He doesn't have to just give 2 months notice. He has to serve either/or/both s21 and s8 notice. If valid such notice does not end tenancy nor require you to leave.



See what notice you ever get them post details.


£5 says he's not been fully declaring all his rent income.


HOW (eg cash, bank transfer..) have you been paying rent, please?

bank transfer - entitled RENT

Comms69

so don't move.


Eventually you will be legally evicted.

HampshireH

Why would you think that family members be less concerned with their legal obligations (particularly safety concerns) just because their tenant is a relation? Silvercar

Perhaps in this case because they failed at the 1st hurdle and didn't bother to get the arrangement down on paper and then again in their attempt to give adequate notice. Doesn't bode well but I see your point

lisyloo

silvercar wrote: »

Why would you think that family members be less concerned with their legal obligations (particularly safety concerns) just because their tenant is a relation?

Because they don't think their family member would make difficulties for them? (this isn't implying the tenant is making things difficult).


El4ine - If you want the council to help then don't move out. They will insist you don't make yourself intentionally homeless so don't do anything until you've consulted them.
You have kids but that doesn't necessarily mean you'll end up together if you force their hand. You could end up in B&B in seperate places.

G_M

El4ine83 wrote: »

My landlord (a family member) has just informed us that he wants to move back into the property.
Has he served a S8 Notice using ground 1?
And did he at the start "gave notice in writing to the tenant that possession might be recovered on this ground "?

If not, has he served a (valid) S21 Notice? See
S21 checklist (Is a S21 valid?)

We have no tenancy agreement
You have been given accomodation for 7 years.
You have paid rent for 7 years.
Clearly you have a tenancy agreement (though it may not be written down - silly landlord).

and need to know our rights?
You cannot be evicted unless either
a) you agree, or
b) a court orders you to leave following a S8 or S21 Notice as appropriate

We have rented this property for over 7 years. Local council say we have to legally have 2 months notice (but we have only been given 1 month).
Yes, unless S8 ground 1 is used. see link above

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