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notice by landlord

we are on a month by month renting contract through an estate agent and the landlord has give us notice saying he wants us out by January ( he is moving back into the property)
we have been saving to purchase our own house but there is nothing within our budget , and renting would be double what we pay now ( lucky to have low rent for past few years )
if we are unable to find anywhere to purchase or to rent privately would the council deem us homeless in January? Or would it be a case of " you have funds if x amount you find somewhere with no help from us"
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Comments

  • theartfullodger
    theartfullodger Posts: 15,805 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 9 September 2019 at 2:04PM
    They might deem you homeless: But you REALLY don't want to be rehoused that way - likely homeless hostel or homeless B&B.


    Presumably this is a s21 notice? If so, even if valid (many are not) it does not end tenancy nor compel tenant to leave. Only a court then bailiff can do that. Likely timescale for that is 7-8 months - see..
    https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_long_a_section_21_eviction_takes



    To check if s21 is valid see..
    https://nearlylegal.co.uk/section-21-flowchart/


    If invalid don't tell landlord - that just speeds up him serving a valid one.


    Of course he might wish to bribe you to move out - if so I'd be asking £5k+



    Artful: Landlord
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    edited 9 September 2019 at 2:19PM
    peppapig14 wrote: »
    we are on a month by month renting contract through an estate agent and the landlord has give us notice saying he wants us out by January ( he is moving back into the property)
    we have been saving to purchase our own house but there is nothing within our budget , and renting would be double what we pay now ( lucky to have low rent for past few years )
    if we are unable to find anywhere to purchase or to rent privately would the council deem us homeless in January? Or would it be a case of " you have funds if x amount you find somewhere with no help from us"



    Even if the council accept you as homeless, it's unlikely they would provide you with any real help (edit OP now mentions a child - so they would be entitled to longer term accommodation)*. The fact is you have money, you have incomes, you should house yourselves.
  • the notice has been verbal by the landlord as we get on well. I'm not even sure if the estate agent is aware
    I agree a hostel would not be great, especially as we have a 5 year old
  • I hope you are able to sort this out. good luck
  • we are trying hard to find somewhere especially as we have a 5 year old daughter. I'm just concerned if we don't find anywhere
  • Comms69
    Comms69 Posts: 14,229 Forumite
    10,000 Posts Third Anniversary Name Dropper
    peppapig14 wrote: »
    we are trying hard to find somewhere especially as we have a 5 year old daughter. I'm just concerned if we don't find anywhere



    3 montsh to find a place to rent?
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 9 September 2019 at 2:32PM
    peppapig14 wrote: »
    the notice has been verbal by the landlord as we get on well.
    Well, you and the landlord can of course agree to end the tenancy on any date you both agree - provided you agree. If you do it this way it is nonetheless wise to get an 'Early Surrender' agreed in writing with a specified end date.

    Doing it this way, the council will certainly categorise you as 'intentionally homeless' and will wash their hands of you.

    The alternative is for the LL to serve either a S21 Notice, via S21 Notice (Form 6a), or a S8 notice using perhaps Ground 1 (assuming it applies).
  • yes but just verbally, his current house is on the market as he is moving into out flat
  • pinkteapot
    pinkteapot Posts: 8,044 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    What did you say in response?

    As others have said, he has to serve a valid notice on you (in writing). If you don't leave on the date it specifies, he then seeks possession through the courts which takes further time.

    Why don't you think you can find a rental in the next three months? If you know you've been paying well below market rent then you're probably going to have to accept that you'll now have to start paying the going rate elsewhere. You'll still have benefited from the savings you've made living at this property...
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