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New rules and eviction
Just trying to understand the new rules around eviction.
Relative has been renting same property for 8 years now. Their landlord was using an agent. But they've been self managing for a little while now.
New landlord wants to sell and has offered relative first refusal, but due to personal issues currently can't get a mortgage but in few months might be able to.
Landlord has mentioned selling by Sept, which I believe is optimistic at best.
No formal eviction notice has been sent just the email about wanting to sell by sept.
Now relative is getting anxious as they have young children and local jobs, so don't want to relocate.
Told them to sit tight and wait for the formal eviction , section 8 3a????
Am I correct in saying the landlord now needs to give them 4 months notice? Which if it's given in next couple of days takes us to the end of September?
And if relative does decide to move they need to give 2 months in line with their rent dates?
They also need to check the deposit was reprotected? When they switched from agent managed to landlord managed? Because if it hasn't then the landlord can't evict until it's returned in full?
And they can also apply for 1 -3 deposit as penalty for non protection?
Have I got that all correct? I've been a tenant myself for 30 years but in social housing so this is all new territory for me, but I want to try and support my relative
Comments
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Assuming England then the relevant ground for a section 8 would be ground 1A which gives 4 months notice of the landlord’s I tenant to apply for a possession order.
If your relative wants to end the tenancy then they’re required to serve two months, aligning with the rent payment dates, of notice.1 -
It sounds like the Landlord might be a reasonable person in the fact they have offered the property to your relative first.
If, your relative, can get their personal circumstances in order and ready to start the process of a purchase that would probably be the best for both parties even if that is some months away. Discussions along those lines would be best to go down from the little known so far.
If the deposit is unprotected, then yes if must be returned before any process of eviction starts, but again if they want to buy the property maybe don't poke the bear too early on that one.
If your relative does not want to buy the property then yes they can delay this process a little on what you have inferred with the deposit but ultimately they will have to find somewhere else to live whether that's in 4-8 months that's the reality.
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Sorry yes it's England
Yes the landlord is reasonable, and relative doesn't want to cause problems and will move if they have to. My aim was just to establish the facts as relative is getting anxious.
They'd love to buy the property and are speaking with financial advisor but we're unsure if the Landlord will wait as they've mentioned wanting to sell and split the proceeds with their sibling. The landlord inherited the property a few years ago.
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Is this your relative in the thread below?
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No not my relative, to my knowledge they're not on here hence why I was asking on their behalf. And also to try and calm them down with actual facts
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I think my advice to your relative would be much the same as I said in the other thread. Assuming your relative understands the notice periods and formal eviction is all just a process and they accept that they will need to be moving one way or another, then the LL should be very flexible to secure a willing departure and vacant possession for sale rather than being particularly concerned with notice periods.
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They'd love to buy the property and are speaking with financial advisor but we're unsure if the Landlord will wait
The Landlord has little choice in the matter. If he kicks things off formally now he can only apply for the possession order in four months time. He then has go through the court process and hope he is successful. Time-wise at least, the ball is more in your relatives court than the Landlord's.
Why not advise your relative to cover both bases? Have a look at what is on the rental market with the thought that they have to move whilst also trying to put themselves in a position to buy the place.
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This is very much my opinion. But I am very aware my knowledge on the subject is weak hence asking on here.
They are looking at alternative rentals unfortunately to get themselves in the correct position to purchase requires more self employment records the FA said they need a minimum of a yr they currently only have 8 months. So they can't physically do anything until that time has passed
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Yes they're very aware if they can't get a mortgage they'll need to move, they have no wish to be awkward. Just wanted to be aware of facts and legalities
Also hopeful the landlord will be accommodating if the need to move does arise.
As I said previously this is more of a fact finding mission to be certain of their rights
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The landlord is unlikely to get an offer until the property is vacant even if he were to start advertising it for sale before then. If he has not yet given formal notice, then it will be a minimum of 4 months before it is vacant. And then who knows how quickly it would sell. In 4 months time your relative will have the required 1 year of s/e accounts to apply for a mortgage. Sounds to me like the timings would work. Not to mention if they buy the property direct from the landlord, they're saving him estate agency fees. It sounds to me like it would be worth the landlord selling to them.
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