Rental Dilemma

seven2seven

Hello all ,

normally only post on the Bankrupts section (undischarged).........but I now need some help in a new direction.

My Landlord informed me yesterday that his Letting/Estate Agency going broke and he needs to realise assets. The house we rent is in his wifes name. My questions are , we are on a Assured shorthold tenancy that runs out in a couple of weeks so are we obliged to just up and move (they are obviously happy for us to stay and pay rent until it is sold) or do we have some "rights"............does a new purchaser have to take us on as tenants (I guess not but never hurts to ask)??

If we do need to move , my OH works part time , I have no employment at present , we get Tax Credits and Housing Benefit and such , how do we pay :-

(a) for the cost of the move

(b) for the deposit on the new property

(c) will we have a problem renting due to Bankruptcy

(d) will the council help us

(e)...........just where do we go from here ?????

I feel like the proverbial person that is being kicked while he is down at the moment so any sound advice would be most welcome.

Thanks (and Im sure if this is in the wrong place then I will get directions to the proper thread)

PasturesNew

Under an AST you have to be given 2 months' notice, from a rent date, to move out. While sometimes you are issued this in the 15 seconds after you sign the AST, most often you are not. So check your paperwork and see if they issued you with a Section 21 when you signed up.

If there is no Section 21 then they have to issue you with one, which they can do at any time, but the 2 months always starts from the next rent day, if they issue it the day after a rent day that would give you 3 months as it wouldn't count until the next rent day.

While you are in the property you don't have to allow anybody in except for emergencies; it's your home. This would make it difficult for him to sell. So if you don't let anybody in then he is more likely to issue a Section 21. But if you let people in the chances are it won't sell quickly and you'll be there longer, but have the disruption of viewings.

For [a] and As it will be harder to sell something that's let, you could cut a deal with him where he pays your moving costs for you and releases your deposit early to put down on another property. If he wants you out so he can market it then he might just go for that.

If you decide to stay and let viewings happen, then lay down your rules from the start for these. Perhaps pick some slots where viewings can occur (rather than leaping about every time the EA wants to bring somebody round). e.g. Viewings can occur on Thursdays from 5-8pm and Saturday mornings from 9.30-1pm BY APPOINTMENT ONLY and with 24 hours' notice. But you can make up what's acceptable to you as your requirements. It's your home.

For [c], [d], [e], I don't know enough to have an opinion so will refrain from adding more fluff to this response.

silvercar

contact the council they may be able to help, you should also let your OR know as they may be able to change your I&E forms to allow for different expenses.

The council should accept you as unintentionally homeless. Whether you are also classified as a priority depends on other things like if you are disabled or have children. Differnet areas operate differently, but they could offer you emergency temporary housing, they may offer you hostel accom or a B&B. In my area the council will provide bonds to private landlords where tenants can't come up with deposits.

Generally speaking you may be better finding a private landlord through local papers, newsagents windows, websites etc. Your bankruptcy will be a problem for some landlords, as not all will see that dealing with your debts in this way makes you more able to afford your rent.

Best of luck!

seven2seven

Thanks for the quick responses (would I expect anything else on Martin's Forums). Will do the dreaded Council visit and set up some "rules" with the Landlord.