Help needed urgently

Strapped

Personally, I'd try to avoid the CCJ as she'd find it very difficult to rent somewhere else afterwards! :eek:

liz545

5h and 6h are the break clauses, but they still require 2 months' notice, not the 1 month that the estate agent has told you. Has she been given written notice to leave? Just telling her that they want her out isn't sufficient, she needs written notice and it needs to be given on or before the rent due date. She should talk to Shelter and they'll be able to inform her of her full legal rights, and then talk to the landlord and try and negotiate how much she's willing to pay to get her out of the property early. Don't be bullied - I know it's easier said than done, but the landlord is trying to break the contract here, and the tenant has all the power. Oh, and go and buy a chain lock from B&Q. Only a couple of quid, but it'll prevent the landlord entering the property whenever they want!

ruggedtoast

clutton wrote: »

irrespective of what it says in the AST a landlord (who is NOT subject to repossession notices) cannot get any tenant out of a property without a court order.

So, even tho he gives you two months notice, you do not have to leave - he will then have to apply to the court for a Possession Order, and even then you dont have to leave. he will then have to go back to the court for a bailiffs warrant and only when the bailiffs knock on your door with court order in their hand do you have to leave - however - by that time, you will have a CCJ. But this whole process takes time - maybe a couple of months or more so, you will have some breathing space.

i would spend £3 on the Land registry site and find out who your landlords lender is, and then contact them to see if they are instituting Reposession Proceedings against him. Then at least you will know if speed is of the essence or n ot - if he is being repoed - you may well have to leave pretty damned quick.

This is correct - the landlord cannot ask the tenant to leave without 2 months notice. If the tenant refuses to leave then they LL must obtain a court order forcing them out. Squatters have more rights than the landlord is attempting to afford your sister.

If the house is repossesed then the bank may usually obtain a repossession order for vacant possessions from the court, the tenant can unfortunately get very little notice in these cases.

If the LL wants your sister out then she should agree to allow her to be released at any point within the 2 month notice period. Then she can just find a nice place to move to and go when it suits her, rather than having to pay two rents during her notice period.

poppy10_2

They deffo need to give two months notice in writing.

Don't worry anyway, with the market the way it is, the LL probably won't be able to sell for months and months anyway. Just tell your sister to do her best to discourage any potential buyers who come to view the place.

clutton_2

your sister does not have to show any potential buyers round. i suggest she writes to the l andlord, or maybe ask someone at CAB to help her write one, or someone on here. LL clearly does not know the law.

speedtwin

I knew a tenant who wrote to to the agent and said they wanted 4 days writen notice before they would allow any viewers round and it would only be convienent between 7am and 8am.

Dont know how it ended up though

saucy77

Well I think we can safely say that she is definately making it hard for the landlord to sell, and even arrange the plumber to come the time the agent sent their photographer.

That is a good point about so much notice to be given for viewing, as she and her partner both work during the day, and there is nothing to stop the landlord showing it when she is not home.
I will mention about the lock, that way she will know if anyone has been to view or not.
And I will contact shelter for her tomorrow as I didn't get the chance to do so today.

Judging from the photo's on the agent's website, it won't sell quickly for the price she's asking, but we shall see.

I will update you on the progress tomorrow.

Thank you all for your input.

jaype

If they can prove that the landlord iss showign people round as and when during the day (should this ever happen...) then that's breaking the law. Once you are paying for a place you have full and reasonable enjoyment of it, and the landlord is not allowed to come and go as they please. Shelter will advise, I'm sure.

CYBERCIDERSAVER

why not get someone you know to "buy" the place

You know how dragged out these proceedings get. Ask for a quick sale (ie 4 weeks) but then drag your heels for months!!!!!

Oh and pay the asking price of course

:rotfl::rotfl:

People should have more fun at other peoples' expense. Especially bad LLs!!

saucy77

Have spoken with Shelter, how helpful they were!

Have managed to calm my sister's fears and have just drafted a letter of complaint about the repairs that need doing to the property.
18 issues in total!!!
But the contract does state that the LL can give her 2 months notice after the 24th of this month, but my sister doens't actually have to leave as her tenancy does state 12 months, although she would have to fight this.
But if the LL wants to end early, then she can apply for charges at least. Have just found out that the LL sprung it on her that she wanted to sell the place 6 weeks into her contract, but so far so good.

Surveyor is going round tomorrow, and sister is fully armed with a list of things that she is going to point out.

Will let you know how she gets on. Fingers crossed eh?