Do I Have More Time To Find Alternative Accomodation?

newsaver40

Have just been served 2 months notice to move out.

My landlord has sold the flat i live in and i have until the 1st week in January to find alternative accomodation.

Would just like to know, in case i don't find anything by that date (as Xmas seems like it's not the best time to look for renting anywhere) or if i find somewhere, but can only move in say 'in the last week of January' - what would happen?

Legally, how would i stand?

Do i have the right to make the landlord/buyer wait another 2 weeks until i moved out? Or could i get evicted?

Thanks in advance for any replies.

Debt_Free_Chick

In your tenancy agreement .... when did the term of the tenancy end?

moneysavinmonkey

did you not know the house was for sale and had a bit of heads up to find alternative accommodation?? Sorry not a particularly helpful comment just was wondering!!

If you are a fixed contract then that ends on the 1st January then the landlord can ask you to live by then... if you are on a rolling periodic contract then you landlord has to give you two months notice coinciding with the rent period. so you need to tell us what kind of contact you are on and what the date of your rental period is.

It's not too near xmas yet, if you make an effort you can probably move within the next month - if you find somewhere before the 1st of January maybe negotiate with your landlord to let you out of your contract early.

newsaver40

Debt_Free_Chick wrote: »

In your tenancy agreement .... when did the term of the tenancy end?

6 months Tenancy is up in March 2008.

Just renewed it not so long ago.

Debt_Free_Chick

newsaver40 wrote: »

6 months Tenancy is up in March 2008.

Just renewed it not so long ago.

Assuming you definitely signed a new agreement for a six month term, then the landlord cannot repossess the house until the end of that term - whatever the date is in March 2008.

It sounds as though you did sign a new agreement - can you check that somewhere it states that it's an "Assured Shorthold Tenancy"?

And can you double check the fixed-term of the agreement?

I don't want to mislead you, which is why I'm trying to be absolutely sure.

Legally - back to your original question - it seems as though you have every legal right to stay until March 2008. You simply need to pay your rent on time.

Just check those couple of things, post back, and we'll tell you where to go from there

newsaver40

moneysavinmonkey wrote: »

did you not know the house was for sale and had a bit of heads up to find alternative accommodation?? Sorry not a particularly helpful comment just was wondering!!

I did know they were selling (as i had to be around, in order for the estate agent to show people around) but 2 offers had fallen through and no-one had come to view it in ages. So i presumed, i was safe for a while.

Out of the blue, a prospective buyer that viewed the property a couple of months back - put in an offer, it was accepted & the sale had gone through (without me knowing).

My landlord phoned me only last week to let me know and i have been looking since - but property for rent (at an affordable rent for me) is pretty thin on the ground at the moment.
And i'm thinking, it's bound to get worse next month!

Guy_Montag

Generally it's good idea to keep things amicable if possible, how about calling your new LL & pointing out that it may be difficult to find accommodation at that time & could they perhaps change it to the first week in February.

If they refuse, I suggest you check you were served the notice on or before the anniversary day of the day your tenancy started. E.g if it started on the 9th of one month, were you served on or before the 9th November? Tenancies have to start & end on the same day (well the day before, but I'm sure you know what I mean).

You can stay beyond the eviction date, but they can get a court order to evict you, though that may be quite hard in the first couple of weeks of Jan (busy courts & all that). If you do do this, keep paying rent.

Finally I'd support what MSM says, ask your LL if you find somewhere sooner will they let you out the contract early.

nobblyned

If you have just renewed a 6 month AST, until March 2008. Then you have assured tenancy until then, the Landlord can only issue you with 2 months notice to coincide with the end of the 6 month tern

newsaver40

Debt_Free_Chick wrote: »

Just check those couple of things, post back, and we'll tell you where to go from there

I'll dig out the paperwork and get back to you.

Guy_Montag

newsaver40 wrote: »

I did know they were selling (as i had to be around, in order for the estate agent to show people around) but 2 offers had fallen through and no-one had come to view it in ages. So i presumed, i was safe for a while.

Out of the blue, a prospective buyer that viewed the property a couple of months back - put in an offer, it was accepted & the sale had gone through (without me knowing).

My landlord phoned me only last week to let me know and i have been looking since - but property for rent (at an affordable rent for me) is pretty thin on the ground at the moment.
And i'm thinking, it's bound to get worse next month!

Actually I think looking for rentals at this time of year is probably the best time. All the students are happily ensconced in their flats; most real people are fairly settled in the run up to Chrimbo & there aren't many jobs advertised at this time of year (well ones you'd move for), so LL with an empty flat is looking at a long void until at least mid-January when the job market starts moving again - so rent is negotiable.

Anyway, if you did sign an AST up until March, you can tell the LL to swivel. However, what I said about being nice still stands - ask them if they want to make you an offer to move out. Or suggest that you will start looking, & if they will accept you moving out at short notice, you will go asap. (That mean's no crossover of rent).

newsaver40

Debt_Free_Chick wrote: »

Assuming you definitely signed a new agreement for a six month term, then the landlord cannot repossess the house until the end of that term - whatever the date is in March 2008.

Yep, it is an Assured Shorthold Tenancy (ends 5th March) but the notice he has served me is entitled 'Housing Act 1988 Section 21'.

It states that 'by virtue of Section 21(4)(a) of the housing Act 1988, the landlord requires posession of the dwelling house forthwith after the 4th Jan 2008'.
(This was dated 1st November 2007).

I have been on pretty good terms with my landlord (have been one of his best tenants and want a decent reference from him ) so i don't really want to tread on any toes here.......... BUT, i just have a very bad feeling about not finding anywhere by the 4th Jan!