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Advice needed please...............
Comments
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Mainwaring says "" I have the right to enter with an EA by appointment for "further marketing" of the property, during the last 3 months of the agreement.""
you have no such legal right - you can write whatever you want into an AST but if any of your clause removes a persons rights under other legislation that AST clause then becomes invalid -
here your Tenant has the legally enshrined right to "quiet enjoyment" and can refuse you or any of your agents entry at any time for any reason other than an emergency (gas leak or flood, or electric danger - something of that sort) visits with EAs are not emergencies.
jo jo
what will happen is that if your landlord knows what he is doing he will issue you with a written Section 21 Notice (a 2 months notice to quit). This quitting notice cannot end before the end of your contract.
once the 2 months is up - you need not leave. the LL then has to apply for possession to the courts (this will take 1-2 months depending on how busy your local court is) The court will award him possession. You STILL do not have to leave (indeed DONT leave - as the local authority will deem you as having made your self voluntarily homeless and will not re-house you) . Then the LL has to go back to court and ask for a Bailiffs Warrant to have you evicted - (another month or so) and the Bailiffs may not arrive for a few weeks if he is busy. At that point the local authority has a statutory duty to house you but it may be in a hostel as a temporary measure.
try not to worry too much - if i was you i would politely tell the LL that viewings are not convenient.
Thanks for the reply and advice. Our lease doesnt expire until december but LL needs the property to be sold by then.
Am sat here having panic attacks about the whole situation. I hate unfamiliar situations or confrontation due to the pnd and am worried for my kids, what sort of a life is this for them?Wins This Year - 2/1 Dog coat.
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... The lease states that I have to allow access to the Landlord, the landlords employees or agents with advance prior notice.
I've just done a quick double take on this, having passed it over earlier. You are obliged, if you have quoted correctly, to let the Landlord and anyone acting for the Landlord [employee or agent] in. Now, 'agent' normally means 'letting agent', to do with the tenancy, and might possibly be stretched to include 'estate agent' to do with selling the property. But, no way could this be extended to include viewers of the property.After the uprising of the 17th June The Secretary of the Writers Union
Had leaflets distributed in the Stalinallee Stating that the people
Had forfeited the confidence of the government And could win it back only
By redoubled efforts. Would it not be easier In that case for the government
To dissolve the people
And elect another?0 -
They cannot throw you out and make you homeless.
Apply to the local housing Authority with the letter of intent from your landlord.
You may have to wait for the eviction order before the local housing Authority rehouse you.0 -
Ring shelter - they will tell you exactly what to do in order to get rehoused by the council.0
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God this all sounds like it will be complicated, not sure I can cope with it all.
Will call about on Tuesday and see if I can find any information out.
Thanks for all your help, in some kind of strange way it helps to know what I am in for!
The joys of being me!Wins This Year - 2/1 Dog coat.
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God this all sounds like it will be complicated, not sure I can cope with it all.
Will call about on Tuesday and see if I can find any information out.
Thanks for all your help, in some kind of strange way it helps to know what I am in for!
The joys of being me!
Just keep telling yourself you can cope and you will handle it! People have enormous amounts of strength in their reserves which are always there ... if only they'd tap into it:happylove Tori Bellatrix :happylove
.·:*¨¨*:·..·:*¨¨*:·..·:*¨¨*:·.0 -
Mainwaring says "" I have the right to enter with an EA by appointment for "further marketing" of the property, during the last 3 months of the agreement.""
you have no such legal right - you can write whatever you want into an AST but if any of your clause removes a persons rights under other legislation that AST clause then becomes invalid -
here your Tenant has the legally enshrined right to "quiet enjoyment" and can refuse you or any of your agents entry at any time for any reason other than an emergency (gas leak or flood, or electric danger - something of that sort) visits with EAs are not emergencies.
jo jo
what will happen is that if your landlord knows what he is doing he will issue you with a written Section 21 Notice (a 2 months notice to quit). This quitting notice cannot end before the end of your contract.
once the 2 months is up - you need not leave. the LL then has to apply for possession to the courts (this will take 1-2 months depending on how busy your local court is) The court will award him possession. You STILL do not have to leave (indeed DONT leave - as the local authority will deem you as having made your self voluntarily homeless and will not re-house you) . Then the LL has to go back to court and ask for a Bailiffs Warrant to have you evicted - (another month or so) and the Bailiffs may not arrive for a few weeks if he is busy. At that point the local authority has a statutory duty to house you but it may be in a hostel as a temporary measure.
try not to worry too much - if i was you i would politely tell the LL that viewings are not convenient.
Sorry, contract's a good 'un. I expect Clark Willmott know what they are doing.
How do you know that a S21 wasn't already issued?
You don't do the OP any favours whatsoever by suggesting this course of action - we go from a tenant who needs to know how best to handle a quite legal non renewal of AST, into a tenant in a hostal with three saucepans.
Yeh, well done, you are really changing the tenants life for the better.
Suggest that the OP discusses the situation with the LL with a view to staying on a periodic tenancy if the place doesn't sell, or even remaining as a tenant with the new purchaser if they choose to rent.
Whatever happened to people discussing things?0 -
God this all sounds like it will be complicated, not sure I can cope with it all.
Will call about on Tuesday and see if I can find any information out.
Thanks for all your help, in some kind of strange way it helps to know what I am in for!
The joys of being me!
This, unfortunately, is happening to a lot of people.
Try to view it in a different light. There is no shame in going through the process because you have done nothing wrong. I will repeat that: you have done nothing wrong.
So, you now know the process, read blue_angel's recent thread where she went right through the whole process.
Stick around here, get your support here. Don't feel powerless and alone. Enjoy the process as a learning curve, something good usually comes at the end. If you drop out of the process and start stressing about looking for new places/seeing them/knowing you don't have a deposit etc it will only depress and drain your energy. So forget all of that. And just sit tight and go through the process.
Remember: you have done nothing wrong. And that's important. So don't kiick yourself about it. This is happening to hundreds/thousands of people around the country. This is an increasingly every day occurrence.
OK, a few years ago, getting evicted etc was shameful, that's because back then you got evicted usually because you hadn't paid the rent. Now it's because your landlord is broke and bailing out. The shame is clearly and squarely on the landlord's shoulders. Shame on him. Deep, deep shame on him.
So remember: YOU have done NOTHING wrong.
Stick with it. Stick around here. It'll be all right at the end .... really.
Along the way you won't be bullied. No nasty men will turn up at your door threatening you. Along the way you will be met with kindness and understanding because: you have done nothing wrong.
So. Get yourself a nice hot mug of cocoa and just treat the next year or so as a free course in the ins/outs of the system.
Good luck!
P.S. Did I mention .. you've done nothing wrong?0 -
Captain_Mainwaring wrote: »Sorry, contract's a good 'un. I expect Clark Willmott know what they are doing.
How do you know that a S21 wasn't already issued?
You don't do the OP any favours whatsoever by suggesting this course of action - we go from a tenant who needs to know how best to handle a quite legal non renewal of AST, into a tenant in a hostal with three saucepans.
Yeh, well done, you are really changing the tenants life for the better.
Suggest that the OP discusses the situation with the LL with a view to staying on a periodic tenancy if the place doesn't sell, or even remaining as a tenant with the new purchaser if they choose to rent.
Whatever happened to people discussing things?
The issue here is that the OP doesn't have the means to move. Doesn't meet the criteria that letting agents accept. Doesn't have a second deposit (which is likely to be higher too) when a first is already being held. The OP doesn't have the moving costs.
While a BTL property is a business to a landlord - and this implies they've gone into it with a sound financial footing, planning and reserves, options and contingencies, a tenant is just looking for somewhere to live and isn't blessed with the financial options available to more affluent people.
If the OP had a spare £1000 sitting around and a good credit record, there'd have been no need to post. She could just have thought "darn it, oh well, start looking for somewhere else then". Instead she's between a rock and a hard place when she thought she had finally settled her family.
As she says, her 8 year old son has moved 7 times so far in his life. This constant moving isn't good for the fabric of society and people's sense of belonging.0 -
PasturesNew wrote: »The issue here is that the OP doesn't have the means to move. Doesn't meet the criteria that letting agents accept. Doesn't have a second deposit (which is likely to be higher too) when a first is already being held. The OP doesn't have the moving costs.
While a BTL property is a business to a landlord - and this implies they've gone into it with a sound financial footing, planning and reserves, options and contingencies, a tenant is just looking for somewhere to live and isn't blessed with the financial options available to more affluent people.
If the OP had a spare £1000 sitting around and a good credit record, there'd have been no need to post. She could just have thought "darn it, oh well, start looking for somewhere else then". Instead she's between a rock and a hard place when she thought she had finally settled her family.
As she says, her 8 year old son has moved 7 times so far in his life. This constant moving isn't good for the fabric of society and people's sense of belonging.
And perhaps the LL doesn't have the means to pay the mortgage or whatever - it's not important what the reason is.
It's tough on both sides but there it is. I'm trying to suggest that in the first place rather than being confrontational about the situation and demanding this and demanding that, that the two parties try and discuss what is clearly a difficult situation on both sides. Consider that if the landlord is just about to lose the place but could come out with a sale, that a tenant who has said they will take it to the wire may just encourage the LL to allow the property to be repo'd - the tenant is then directly out on their ear - if the LL knew that the prospective purchaser may be happy to take the place with a tenant and save agents fees etc, it may even expedite the sale - who knows? Discuss it first before forcing a situation.0
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