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    • tc1992
    • By tc1992 11th Oct 17, 3:57 PM
    • 121Posts
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    tc1992
    Can anyone confirm how long i have before my landlord evcits me (she's selling)
    • #1
    • 11th Oct 17, 3:57 PM
    Can anyone confirm how long i have before my landlord evcits me (she's selling) 11th Oct 17 at 3:57 PM
    Hello

    My landlord's agents phone me on monday to tell me that they are selling. I am currently on a 12 month contract. The payment for the very last month of the contract went through yesterday.

    Since i have not been served formal notice does that mean I have the rest of this (contract) month and then 2 month more. I believe that legally you need to give 2 months. There is no time stated in my contract, it just says that "he shall serve any notice(s) with the provisions of the Housing Acts"

    So if that is the case i have effectively 3 months more here, have i got this right?
Page 1
    • Comms69
    • By Comms69 11th Oct 17, 4:11 PM
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    Comms69
    • #2
    • 11th Oct 17, 4:11 PM
    • #2
    • 11th Oct 17, 4:11 PM
    Around 6-8 months if you decide to stay put


    s.21 notice is just notice of intention to go to court. it doesn't end a tenancy
    • LEJC
    • By LEJC 11th Oct 17, 4:15 PM
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    LEJC
    • #3
    • 11th Oct 17, 4:15 PM
    • #3
    • 11th Oct 17, 4:15 PM
    Your contract is not being renewed so I read that as when your tenancy period ends at the end of this contract,that is the day you should vacate.

    However you are quite at liberty to stay put until eviction,or your choice of date to move out....whichever is sooner
    Last edited by LEJC; 11-10-2017 at 4:18 PM.
    frugal October...41.82 of 40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...18.64 spend
    • Alter ego
    • By Alter ego 11th Oct 17, 4:17 PM
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    Alter ego
    • #4
    • 11th Oct 17, 4:17 PM
    • #4
    • 11th Oct 17, 4:17 PM
    Your contract is not being renewed so I read that as when your tenancy period ends at the end of this contract,that is the day you should vacate.
    Originally posted by LEJC
    I read that it rolls over to periodic when the contract ends.
    Ignore me if you like, it's not the real me anyway.
    • LEJC
    • By LEJC 11th Oct 17, 4:23 PM
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    LEJC
    • #5
    • 11th Oct 17, 4:23 PM
    • #5
    • 11th Oct 17, 4:23 PM
    I read that it rolls over to periodic when the contract ends.
    Originally posted by Alter ego
    That is true....but in the absence of anything that either of us can really read,I would possibly advise the OP to contact the LA or LL to establish the date they wish her to vacate without the need to go down the eviction route....unless she wants or needs to.

    An amicable agreement is always better...but I do understand that in some circumstances to gain onward housing things need to progress down a more formal route.
    frugal October...41.82 of 40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...18.64 spend
    • Comms69
    • By Comms69 11th Oct 17, 4:24 PM
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    Comms69
    • #6
    • 11th Oct 17, 4:24 PM
    • #6
    • 11th Oct 17, 4:24 PM
    That is true....but in the absence of anything that either of us can really read,I would possibly advise the OP to contact the LA or LL to establish the date they wish her to vacate without the need to go down the eviction route....unless she wants or needs to.

    An amicable agreement is always better...but I do understand that in some circumstances to gain onward housing things need to progress down a more formal route.
    Originally posted by LEJC
    She's not even been served with any notice.....
    • Comms69
    • By Comms69 11th Oct 17, 4:32 PM
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    Comms69
    • #7
    • 11th Oct 17, 4:32 PM
    • #7
    • 11th Oct 17, 4:32 PM
    Will you need a good reference for somewhere else to rent?

    Eviction timing depends on the workload of your local court system.
    I've only participated in it once but I served notice in August 2015 (I forget the exact date) and we were down the final stage bailiff's warrant at the start of November 2015.
    So that was barely three months, start to finish.
    Originally posted by Quizzical Squirrel


    Surprising really, given that the notice is 2 months, and the court order is 14 days, so 14-18 days to get a hearing and bailiffs - almost unheard of.
    • Comms69
    • By Comms69 11th Oct 17, 4:39 PM
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    Comms69
    • #8
    • 11th Oct 17, 4:39 PM
    • #8
    • 11th Oct 17, 4:39 PM
    No, we didn't get the bailiffs in, we only applied for the warrant. That was enough for the tenants to throw in the towel since the last thing they wanted was police involvement.
    I think the warrant would have taken another 2 weeks.
    Originally posted by Quizzical Squirrel


    What have the police got to do with it?


    Bailiff turns up, you hand over the key and leave.


    In any case, I see, that's the warrant and then another 2-4 (or more) for execution
    • Comms69
    • By Comms69 11th Oct 17, 4:44 PM
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    Comms69
    • #9
    • 11th Oct 17, 4:44 PM
    • #9
    • 11th Oct 17, 4:44 PM
    We would have asked the police to attend because of the nature of the tenant.
    I don't think this applies to the OP!
    Originally posted by Quizzical Squirrel


    Ah I see.


    I think whilst a valid experience, it's not typical
    • Cakeguts
    • By Cakeguts 11th Oct 17, 5:27 PM
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    Cakeguts
    Are you sure that your landlord isn't going to sell to another landlord?
    • 45002
    • By 45002 11th Oct 17, 5:50 PM
    • 422 Posts
    • 381 Thanks
    45002
    Hello

    My landlord's agents phone me on monday to tell me that they are selling. I am currently on a 12 month contract. The payment for the very last month of the contract went through yesterday.

    Since i have not been served formal notice does that mean I have the rest of this (contract) month and then 2 month more. I believe that legally you need to give 2 months. There is no time stated in my contract, it just says that "he shall serve any notice(s) with the provisions of the Housing Acts"

    So if that is the case i have effectively 3 months more here, have i got this right?
    by tc1992
    Have a read of this

    https://forums.landlordzone.co.uk/forum/residential-letting-questions/77351-time-to-repossess-statistics?p=1001883#post1001883

    Good luck...

    ,
    MSE censored my signature Again, No reason given
    • FBaby
    • By FBaby 11th Oct 17, 6:01 PM
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    • 41,337 Thanks
    FBaby
    Indeed, if they haven't served you with a S21, it might because they are hoping that the sell will attract another LL who would be happy to keep you if the current LL confirms you have been an excellent tenant.

    Unfortunately, for the same reasons more and more LL opt to sell, less and less investors are interested in property, but hey, it's great because there will be more properties available for residential mortgage. Too bad for those who can't afford to become owners and had no issues renting from a good LL.
    • csgohan4
    • By csgohan4 11th Oct 17, 6:05 PM
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    csgohan4
    We would have asked the police to attend because of the nature of the tenant.
    I don't think this applies to the OP!
    Originally posted by Quizzical Squirrel


    Actually if the bailiff's can't get he tenant to leave, the police can move the tenant physically, as long as the bailiff's have a Possession order
    "It is prudent when shopping for something important, not to limit yourself to Pound land"
    • tc1992
    • By tc1992 11th Oct 17, 6:44 PM
    • 121 Posts
    • 17 Thanks
    tc1992
    thankyou for the replies, i need to have a proper look at this.

    Just to clarify, there is no problem / agro between me and landlord / agents. They simply have decided to sell. I have a house bought in place, and i obviously want to get in there before my time here runs out. The process has started pretty much as of this week and I hope I can get it done and moved in, within 8 to 10 weeks. Hope, of course

    I am on a 12 month contract, which goes automatically to 1 month rolling contract as of November 10th. So i believe they still need to give me notice. I really do not want to go down the staying put whilst out of contract route
    • Thrugelmir
    • By Thrugelmir 11th Oct 17, 7:13 PM
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    Thrugelmir
    Property takes time to sell. In your interest to be mutually cooperative with the LL. Then you can time your exit.
    Financial disasters happen when the last person who can remember what went wrong last time has left the building.
    • LEJC
    • By LEJC 11th Oct 17, 7:22 PM
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    LEJC
    thankyou for the replies, i need to have a proper look at this.

    Just to clarify, there is no problem / agro between me and landlord / agents. They simply have decided to sell. I have a house bought in place, and i obviously want to get in there before my time here runs out. The process has started pretty much as of this week and I hope I can get it done and moved in, within 8 to 10 weeks. Hope, of course

    I am on a 12 month contract, which goes automatically to 1 month rolling contract as of November 10th. So i believe they still need to give me notice. I really do not want to go down the staying put whilst out of contract route
    Originally posted by tc1992
    You don't have to stay until they give you 2 months...remember that if your house completes earlier you only need to give the one month notice...

    It does sound as if you may be able to juggle the move on well and at the moment there would be no need to consider eviction as such.

    Try and keep your LL up to date with your progress in the hope that they keep you updated with theirs and hopefully everything remains amicable

    Keep pushing your solicitor or whomever is dealing with your house move it's always better to be the one who is able to leave the rental first as it saves you needing to arrange somewhere temporary if the sale of where you are now goes through super quickly.
    frugal October...41.82 of 40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...18.64 spend
    • Mrs pbradley936
    • By Mrs pbradley936 11th Oct 17, 7:28 PM
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    Mrs pbradley936
    I read that it rolls over to periodic when the contract ends.
    Originally posted by Alter ego
    I think that is true unless you are informed to the contrary, as it is I would think that if your term is fixed from the outset then that may not be the case.
    • Alter ego
    • By Alter ego 11th Oct 17, 7:35 PM
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    Alter ego
    I think that is true unless you are informed to the contrary, as it is I would think that if your term is fixed from the outset then that may not be the case.
    Originally posted by Mrs pbradley936
    There is no "unless," it rolls over- end of.
    Ignore me if you like, it's not the real me anyway.
    • LEJC
    • By LEJC 11th Oct 17, 7:46 PM
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    LEJC
    Alter ego...I think I get what mrs bradley is trying to say...and it might have been what I was implying earlier also...

    As the tenancy has not yet come to an end...the OP has the right to leave on the last day of the tenancy...otherwise yes if they stay it automatically becomes rolling.

    Perhaps we just arn't reading echothers comments in the way they were intended....
    I'm not out to challenge you..sometimes the spoken word flows easier than the written one!
    frugal October...41.82 of 40 food shopping spend for the 2 of us!

    2017 toiletries challenge 179 out 145 in ...18.64 spend
    • Mrs pbradley936
    • By Mrs pbradley936 11th Oct 17, 8:06 PM
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    Mrs pbradley936
    There is no "unless," it rolls over- end of.
    Originally posted by Alter ego
    Yes it has changed- it used to be routine to give a Section 21 at the same time as a fixed term. Now you have to do it least 4 months into the tenancy.
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