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Can i choose where to go if i am going to be made homeless on the council?

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  • Grumpy_chap
    Grumpy_chap Posts: 18,244 Forumite
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    JenP85 said:
    My landlord sadly passed away three month ago and their son is who has inherited the house has decided to sell. He's given me 30 days notice. 

    The son may well be acting in the capacity as Executor.

    30 days notice is quite short.  What notice is required as per your tenancy agreement?
    Have all the processes been followed that allow an S21 to be served and valid?
    Even after whatever notice is served, you can hold out until the process has been through the courts and you are evicted.  I understand that will not be comfortable for you, but the process does buy you time to find a suitable alternative - you will retain more control if you are able to find a private sector solution than being housed by the Council on an emergency basis if evicted.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    edited 22 October 2023 at 8:58PM
    Died 3 months ago?
    Hmm I would be checking I'd probate has actually been granted first...
    And as he's not given you the proper notice etc you are not at risk of eviction for a long time 
    I personally at this stage would not be correcting the landlord. I would let him go all the way to issuing proceedings in the county court.
    That then means the process has to start again and it will buy you a long time 
    (That is what I would do)
    https://probatesearch.service.gov.uk/

    As this is a housing case there are still "duty solicitors" who give help and advice at court with these kind of cases (often only to be seen at the magistrates courts)
  • Op, if you leave at 30 days, you will be making yourself intentionally homeless and the council will do little to help you. 
    Just tell the new landlord they have to do everything by the book - I suspect you’ll get 4-6 months more until a court evicts you. That’s the only way you will get help from the council, but even then it may just be a bedsit.
    2006 LBM £28,000+ in debt.
    2021 mortgage and debt free, working part time and living the dream
  • You can go and get any tenancy you like anywhere in the world as long as landlord/agent accepts you and you can pay the rent.
  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    Op, if you leave at 30 days, you will be making yourself intentionally homeless and the council will do little to help you. 
    Just tell the new landlord they have to do everything by the book - I suspect you’ll get 4-6 months more until a court evicts you. That’s the only way you will get help from the council, but even then it may just be a bedsit.
    Why would you tell the landlord to do anything as if he makes a mistake then the court isn't going to sanction that 
  • silvercar
    silvercar Posts: 49,525 Ambassador
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    Grizebeck said:
    Op, if you leave at 30 days, you will be making yourself intentionally homeless and the council will do little to help you. 
    Just tell the new landlord they have to do everything by the book - I suspect you’ll get 4-6 months more until a court evicts you. That’s the only way you will get help from the council, but even then it may just be a bedsit.
    Why would you tell the landlord to do anything as if he makes a mistake then the court isn't going to sanction that 
    Some people don't go out of their way to be antagonistic. 
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  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    silvercar said:
    Grizebeck said:
    Op, if you leave at 30 days, you will be making yourself intentionally homeless and the council will do little to help you. 
    Just tell the new landlord they have to do everything by the book - I suspect you’ll get 4-6 months more until a court evicts you. That’s the only way you will get help from the council, but even then it may just be a bedsit.
    Why would you tell the landlord to do anything as if he makes a mistake then the court isn't going to sanction that 
    Some people don't go out of their way to be antagonistic. 
    It isnt about being antagonistic but if your going to struggle to find some where else to rent and could end up in some homeless shelter then with the right actions you wont be going for a good length of time
    Hmmm in a B&B in 6 months time or a B&B in 12 months time  , i think the choice is quite simple

  • FreeBear
    FreeBear Posts: 18,193 Forumite
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    JenP85 said:
    My landlord sadly passed away three month ago and their son is who has inherited the house has decided to sell. He's given me 30 days notice. 

    The son may well be acting in the capacity as Executor.
    In which case, I would be wanting to see a copy of the Grant of Probate to make sure he had the authority.

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  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
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    FreeBear said:
    JenP85 said:
    My landlord sadly passed away three month ago and their son is who has inherited the house has decided to sell. He's given me 30 days notice. 

    The son may well be acting in the capacity as Executor.
    In which case, I would be wanting to see a copy of the Grant of Probate to make sure he had the authority.

    i would put a little wager on that he doesn't have this yet
  • theartfullodger
    theartfullodger Posts: 15,693 Forumite
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    edited 23 October 2023 at 10:59AM
    silvercar said:
    Grizebeck said:
    Op, if you leave at 30 days, you will be making yourself intentionally homeless and the council will do little to help you. 
    Just tell the new landlord they have to do everything by the book - I suspect you’ll get 4-6 months more until a court evicts you. That’s the only way you will get help from the council, but even then it may just be a bedsit.
    Why would you tell the landlord to do anything as if he makes a mistake then the court isn't going to sanction that 
    Some people don't go out of their way to be antagonistic. 
    Some do, e.g. some landlords, agents, MPs antisocial media posters...
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