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dannyf

Eviction Advice

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Hi all,

I'm a long time lurker here (since about 2005) and agree with a lot of the themes I read here daily about house prices (hence me currently renting), but never really had anything to add so never posted before.

Anyway, I could do with a bit of advice. We moved into this house 11 months ago and our contract is about to expire at the end of June. We've never had any problem with the landlord (who lives next door) and he regularly thanks us for paying the rent on time. The contract is coming up for renewal but we are planning to move abroad in the next 3-6 months so understandably do not want to pay the agency for a new 12 month contract. In a discussion with the landlord I explained that the contract would automatically become a rolling contract and we would like to continue like that. He was trying to get us to take a 6 month contract with 2 months notice. When I mentioned the law about going on to a rolling contract (not in a threatening way, just to explain the options) he flipped out and told us to get out by the end of June, saying that once lawyers were mentioned he didn't want to know :blink:

I'm pretty worried now because nowhere is going to take us for 3-6 months and I have a wife and baby to think about. My guess is that legally we would have at least until the end of July because I haven't received any notice yet. If we plan to leave in late September what are our options?

By the way, I am deserting this country for the USA (not ideal for me in terms of lifestyle, but has cheaper houses and is a great location for us in terms of visiting my wife's family). I am really fed up with this country....

Thanks in advance for any advice,

dannyf

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Sorry to hear you're in that position. If he wants you to vacate (I think) he needs to issue a section 21 notice, which is 2 months notice. This is the same if the tenancy is rolling or not (again hopefully someone will be along to clarify).

Some places are fine with short lets, have you done a quick ring around the letting agents to explain what you're after?

Edited by thombleached

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I'm pretty worried now because nowhere is going to take us for 3-6 months and I have a wife and baby to think about. My guess is that legally we would have at least until the end of July because I haven't received any notice yet. If we plan to leave in late September what are our options?

By the way, I am deserting this country for the USA (not ideal for me in terms of lifestyle, but has cheaper houses and is a great location for us in terms of visiting my wife's family). I am really fed up with this country....

If the landlord want to regain possession he will have to obtain a court order. That will take at least 3 months from the date he gives you notice and probably a few months longer. Just tell him when you want to vacate and see what happens. He would be silly to incur the expense of legal action when you will more than likely have left before his plea is heard.

Edited by sleepwello'nights

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Thanks both for your advice. We're going to start phoning round the agents to see if there are any short term tenancies going, but ideally I think we're going to try to wait it out. Will see if we receive the notice this week, and if not it means we should then have until end of August. Then we'll probably play it out and refuse to leave until we go.

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Thanks both for your advice. We're going to start phoning round the agents to see if there are any short term tenancies going, but ideally I think we're going to try to wait it out. Will see if we receive the notice this week, and if not it means we should then have until end of August. Then we'll probably play it out and refuse to leave until we go.

If you do decide to play it out then may be consider putting into writing a formal offer to the LL of what you would like to happen.

Do you know if your bond is covered somewhere?

We did a formal letter (sent by registered mail) when our LL sold the property and started to evict us. There was a discrepancy of a couple of weeks. This was to try and avoid a court order and as we had a fixed date he did decide to accept that in the end.

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The problem is that I don't have a fully agreed date for the move yet, I just know it will be around September. I suppose I could put in writing that I want to leave at the end of October to be on the safe side, then I can always change that to September if it is confirmed in time for me still to give 1 months notice. The deposit is held by a company called mydeposits.

Another problem is that he refused to listen to me about the contract automatically becoming a rolling one by law. He is under the impression (probably after discussing with the agent) that there needs to be a new contract or that we have to move out at the end of the current one.

I think I will email the letting agent stating my notice to move out at the end of October and to continue on the current contract until then, and ask them to discuss with him. At least the agent should know that is acceptable legally and will avoid him getting defensive with me like when I mentioned it.

Thanks.

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Can I just double check with you guys - lets say I give notice now that we will move out at the end of November, then in September we decide it will actually be end of October (still with 1 month notice), can I give notice again with the new date, or will that original notice be legally binding and we have to stay (pay rent) until end of November?

Thanks

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Don't sign anything and you go onto a rolling tenancy by default, until and unless he gives you notice to quit.

With your timescales I'd take that risk: he's cutting off his nose to spite his face if he does evict. And why would he want to evict? Because he doesn't understand the law and thinks you get 1977-style stay-forever-at-peppercorn-rent rights if you don't sign? If so he's going to have to educate himself before he's likely to serve legally-valid notice on you. Or pay a lawyer, who will explain he's worrying about nothing (at least, nothing that isn't already wrong). I'd say that leaves you at pretty low risk, and if the worst comes to the worst you hole up for a few weeks at your local Premier Inn. With a sprog, you might even get the taxpayer to pay!

Or try another tack: is there any third-party who can educate him? Or at least point him to an explanation he'll believe of periodic tenancies?

IANAL. This is not legal advice.

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  • 243 Brexit, House prices and Summer 2020

    1. 1. Including the effects Brexit, where do you think average UK house prices will be relative to now in June 2020?


      • down 5% +
      • down 2.5%
      • Even
      • up 2.5%
      • up 5%



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