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Landlord selling..

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208 views 3 replies latest reply: 15 April 2016
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Tenant

hi looking for advice 

we have 2 year AST contract up in December 2016

they have sold the property to a first time buyer & given me section 21 for 1st of June to be out by. 

we are a family of 5 nearly 6 due 31st of May. 

No estate agents will give us the time of day been trying and trying but can’t even get to a viewing they are put of by us having 4 children only allowed to look at 3 beds cos we get part help with housing benefit. Also finding one within same area as we need the support from my aunty (only family we have)

Been to the council they have said the only thing that will go against us for social housing is we haven’t been in the area for 2 years (been here 15 months) 

housing prevention team  Are coming back to me this week. 

Literally stressed so much with a baby due, house to pack, 3 kids already (twins are 4 and 2 year old) husband also been transferred to a different depot which is 45 mins away from home. 

Would just like some answers as to where we go from here? I’m not up for the whole court thing waiting till we get court orders etc I will have a newborn and being settled somewhere soon would be ideal I don’t have the time or energy to fight nor time to be going to CAB etc I am on my own all day everyday pretty much with only 2 mornings with the twins at school so I’m limited to what I can do plus being heavily pregnant. 

Any information would be great thank you. 

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Agent

Hi Min88

Without seeing your tenancy agreement it is hard to give you accurate and detailed advice but hopefully some of the below will help:

Although you have a 2 year AST is there a Break Clause or Notice Clause that enables you and/or the Landlord to serve notice before the terms expires?

If the answer is ‘yes’ then the owners are entitled to serve a Section21 notice on you but, under UK law, this must be at least 2 months notice and in line qwith any other scheduling terms set out in your tenancy agreement (e.g. some require notice to be in line with the rent due date).

If the answer is ‘no’ then they cannot serve notice to terminate the tenancy before the full term has expired.

Regardless, although most people do happily vacate in line with a Section21 notice this you are not breaking the law if you are unable to. Under UK law you are entitled to remain in a property until evicted. Any Landlord or Agent needs to understand, especially with a large family, the need for suitable housing and that an eviction proceeding is not a personal matter but simply a legal process. However, you do need to understand that evictions can cause issues if you wish to rent another priavte rental property or return to the private rental sector later. You can also incurr legal charges during this process.

Eviction is also about the only way the local council will rehouse you. If this is genuinely the only course you wish/are able to take (and most agents today will not accept any tenants on benefits) then eviction is the only likely course to success in this regard.

I would open an honest and candid dialogue with your Landlord or Agent and try and reach a suitable concludion. However, unless evicted by a Court appointed bailiff, you are under no legal obligation to vacate the property.

Organisations such as Shelter or the Citizens Advice Bureau should be able to assist you further if needed.

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Tenant

Just wrote a whole reply and Internet crashed. Great. 

 

So so not sure if you have access to it but it’s a F402 form for unfurnished properties in England & Wales. 

We have an appointment with housing prevention team at the council on Tuesday and we didn’t get on the housing register as we haven’t lived her long enough. 

 

We we have been doing all we can go private rent again but it’s just impossible no properties or they won’t entertain us. 

 

Thank you 

Photo
Tenant

Just wrote a whole reply and Internet crashed. Great. 

 

So so not sure if you have access to it but it’s a F402 form for unfurnished properties in England & Wales. 

We have an appointment with housing prevention team at the council on Tuesday and we didn’t get on the housing register as we haven’t lived her long enough. 

 

We we have been doing all we can go private rent again but it’s just impossible no properties or they won’t entertain us. 

 

Thank you 

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