help please, staying over move-out date.

cybervic · 6 July 2017 at 12:01PM

In April, we received a notice by agent that asking us to leave on 19/July (landlady is moving back). We then found a place end of May for us to move in on 15/July. We were told last week that the future landlord received a buying offer he can't refuse so we have to look for another place instead.

I then informed my current agent last week there is a chance we may not be able to move out before as per the notice stated, and this morning we received an email from agent saying "your landlady sympathises with your situation, however, if vacant possession is not given at the end of the tenancy, she will have no other option then to go to courts to seek possession through eviction."

My partner and I have already taken days off this week to look for a place. We think we should be to move out by 1st week of August the latest (and of course we will be paying the extra rent accordingly). We have never missed any rent and have always been a good tenant looking after the place and never causing any trouble. Will we be evicted on 19/July? Will lose our deposit because we overstayed? What kind of trouble we will get into if we could not move out before 19/July? am very worry whats gonna happen so would appreciate any advice please.

Thank you.

Guest101 · 6 July 2017 at 12:07PM

cybervic wrote: »

In April, we received a notice by agent that asking us to leave on 19/July (landlady is moving back). We then found a place end of May for us to move in on 15/July. We were told last week that the future landlord received a buying offer he can't refuse so we have to look for another place instead. - Did you sign a contract for the new place

I then informed my current agent last week there is a chance we may not be able to move out before as per the notice stated, and this morning we received an email from agent saying "your landlady sympathises with your situation, however, if vacant possession is not given at the end of the tenancy, she will have no other option then to go to courts to seek possession through eviction." - that's the usual process.

My partner and I have already taken days off this week to look for a place. We think we should be to move out by 1st week of August the latest (and of course we will be paying the extra rent accordingly). - Indeed, you must continue to do this We have never missed any rent and have always been a good tenant looking after the place and never causing any trouble. Will we be evicted on 19/July? - no, definitely not Will lose our deposit because we overstayed? - no What kind of trouble we will get into if we could not move out before 19/July? - none am very worry whats gonna happen so would appreciate any advice please.

Thank you.

A tenancy can only ever be legally ended, by either you the tenant OR a court.

A LL notice is just notice that if you don't move, they will go to court. It happens hundreds of times every single day. Don't panic.

saajan_12 · 6 July 2017 at 12:13PM

You can check the notice was valid in thefirst place, but assuming it was, it is still jsut notification that the LL may go to court to seek possession. When it expires, they must go to court to get an eviction notices, and then apply for bailiffs, giving you another 3-8 weeks. If by the time it goes to court, you have a proposed move out date in the near future, you may be able to ask for the eviction date to accomodate that.

If I were you, I'd focus on finding somewhere else and worry about the notice if / when the LL applies to court.

McKneff · 6 July 2017 at 12:15PM

Please stop worrying.

All the avove is good and accurate advice

Red-Squirrel_2 · 6 July 2017 at 12:16PM

It takes ages to go through the courts, and its expensive.

If you keep your landlady informed, and let her know when you have a firm moving out date, then if she's a reasonable person she should be fine with that.

These things happen, its part of being a landlord, she shouldn't expect you to make yourselves homeless for her convenience. She shouldn't be without a place to stay herself because she should never have banked on you leaving precisely at the end of the fixed term.

andrewjb3 · 6 July 2017 at 12:20PM

Note also that any attempt to remove you on the 19th (or, indeed, any time after that apart from by a court bailiff) is illegal. If it happens, it would be perfectly reasonable to lock the doors and call the police.

The agent should be well versed in all of this procedure. It's possible that the landlady thinks she can just turn up and throw you out. (She can't!)

cybervic · 6 July 2017 at 12:26PM

Thank you all, we are half better now hearing the advice.

google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?

Guest101 · 6 July 2017 at 12:31PM

cybervic wrote: »

Thank you all, we are half better now hearing the advice.

google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?

The accelerated process means the case doesn't cover other issues (typically rent arrears) the focus is simply - is the notice valid, if so, possession order. However the average time to evict some is 40 weeks. That varies by area, but no. She submits papers on the 19th July, you then get served papers, have 14 days to acknowledge and reply, then a court date is set (somewhere around 4-12 weeks time), then a court order is made, typically 14 days, then bailiffs are employed and they act typically another 6-12 weeks.

You wont even see a court by the time you move out. Your deposit is safe, but yes she can ask for the £255 fee back for going to court

Now please answer my question - did you sign a contract for the new property?

AdrianC · 6 July 2017 at 12:34PM

cybervic wrote: »

google says there's a "accelerated procession order," Can she refuse to extend, and submit her case to court on 19/July using our deposit or made us pay for any inconvenience caused?

She can pass you the bill for any efforts she makes to end your tenancy through the court, yes. But they'll be fairly minimal in two weeks, simply because it won't get to court that quickly. Your deposit is, I presume, protected...?

cybervic · 6 July 2017 at 12:37PM

Guest101 wrote: »

Now please answer my question - did you sign a contract for the new property?

Thanks, at least we know where we stand now.

We didn't sign the contract because Landlord want to process it when it was nearer to the date and we naively agreed. We paid our deposit and referencing fee and got it all back already.

Guest101 · 6 July 2017 at 12:40PM

cybervic wrote: »

Thanks, at least we know where we stand now.

We didn't sign the contract because Landlord want to process it when it was nearer to the date and we naively agreed. We paid our deposit and referencing fee and got it all back already.

Ok, I mean you may have had a claim, but lets leave that aside for now. (you have 6 years to bring a claim)

For now don't panic, concentrate on finding somewhere new

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help please, staying over move-out date.

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