Legal Help desperately needed!

[She Knows It]

I found out today that my landlord has gone into liquidation. My tenancy is expired yesterday, and I was expecting a renewal, but that's not going to happen now.

 

Can I be chucked out immediately because I'm out of lease, or do they still have to give me notice to quit? Thanks in advance.

[Guest davelfc]

Sorry to hear that, from memory I think two months is the minimum notice but this could be longer if your landlord has other issues. You have plenty of time to seek advice through the CAB when they open unless someone here can offer firm advice.

[Guest simon]

Im no expert but i know for a fact there is a months notice needed.

[Guest davelfc]

Im no expert but i know for a fact there is a months notice needed.

 

No you have to usually give a landlord one month, they have to give you at least two.

 

To end a Shorthold tenancy the landlord must give at least two months' notice under Section 21 of the 1988 Housing Act.

Once the fixed-term has ended the tenancy automatically becomes a periodic one. Here, the landlord is required to give 2 months' notice, and the tenant gives one months' notice in writing (when rent is paid monthly) or 4 weeks' notice (28 days) when the rent is paid weekly.

 

Notice to Quit - Residential Tenancies - LandlordZONE

[She Knows It]

Thanks lads. I know it would be 2 months if I still had a tenancy agreement, but as I now don't I wondered if that still stood. It seems it does, which is a weight off my mind, ta.

[Fugitive]

Im no expert but i know for a fact there is a months notice needed.

 

Understatement of the Millennium.

[Guest davelfc]

Im no expert but i know for a fact there is a months notice needed.

 

I'll never trust you again.

[Paulie Dangerously]

Understatement of the Millennium.

 

[airbags]

Am I the only one who's hopes and dreams were crushed when they opened this thread and it wasn't the beginning of another great Simon epic?

[Kevin D]

Am I the only one who's hopes and dreams were crushed when they opened this thread and it wasn't the beginning of another great Simon epic?

 

No, you're not.

 

I have negged SKI for raising my hopes and dashing them so expertly; I encourage others to do the same.

[Section_31]

Fucking hell Liz, never rains but pours for you doesn't it?

 

We were in a similar situation a few years back, but we were told by a lawyer that despite what a a piece of paper said, 'no court in the land' would throw us out because we had a kid living here - my sister - who's also autistic. It'd be national news if you got the boot there, rest easy.

[Nick Leeson]

THis was all a ploy to get a hotdog and a coffee off atk wasn't it?

[She Knows It]

Fucking hell Liz, never rains but pours for you doesn't it?

 

We were in a similar situation a few years back, but we were told by a lawyer that despite what a a piece of paper said, 'no court in the land' would throw us out because we had a kid living here - my sister - who's also autistic. It'd be national news if you got the boot there, rest easy.

 

Cheers Mark, that's quite reassuring even though I also know that no court will give me indefinite leave to stay and while I'm still unemployed it doesn't really make much odds to me if they give me a month, 2 months or 6 months. The only option that's open to me without a job is going to the council and getting a place through being homeless.

 

THis was all a ploy to get a hotdog and a coffee off atk wasn't it?

 

Girl's gotta take what she can when the chips are down. I'm hoping for an evening with Prince William as well.

[Section_31]

Cheers Mark, that's quite reassuring even though I also know that no court will give me indefinite leave to stay and while I'm still unemployed it doesn't really make much odds to me if they give me a month, 2 months or 6 months. The only option that's open to me without a job is going to the council and getting a place through being homeless.

 

I don't want to get your hopes up here, but I've just double checked with the old girl, and she reckoned she was told she could stay there 'indefinitely' because of my sister's condition, also because the old man was signed off longterm with depression. She just didn't want to stay because the landlords were cunts. She did get the first council house which came up though, jumped pretty much to the front of the queue.

[She Knows It]

I don't want to get your hopes up here, but I've just double checked with the old girl, and she reckoned she was told she could stay there 'indefinitely' because of my sister's condition, also because the old man was signed off longterm with depression. She just didn't want to stay because the landlords were cunts. She did get the first council house which came up though, jumped pretty much to the front of the queue.

 

I doubt that would be the case here. The company owes ridiculous amounts to the Inland Revenue amongst others, and as my home is one of only a few assets it will be seized to pay off the debt. I'm waiting to hear something officially from the administrators.

[Section_31]

Best of luck with it Liz, although best case scenario is that another social landlord buys the stock and keep the existing tenants. That happens quite often, in fact I think they may get first refusal. There are housing associations I've dealt with through various avenues who're always looking for new stock and are positively hemorrhaging spondulics.

[Captain]

I have negged SKI for raising my hopes and dashing them so expertly; I encourage others to do the same.

 

On Christmas Evening?! That's harsh, man.

[aws]

They'll need a court order to evict you even if your tenancy has expired.That should take a few months.

[Remmie]

They'll need a court order to evict you even if your tenancy has expired.That should take a few months.

It's xmas night and someone needs legal advice. BAM HERE COMES AWS. BAM!

[rb14]

I have some bin bags if it helps? They're old and used but they'll seem fresh to you.

[BatChainPuller]

If its an Assured Shorthold Tenancy (AST) you are entitled to a minimum of 2 months written notice if they are going for a Notice Requiring Possession - the usual route if you haven't breached the tenancy, aka 'Section 21 accelerated possession'. At the end of the 2 months they then have to send you court papers which say they are applying to court and you have I think 21 days to respond - you can state re children etc in your response and ask for suspended possession. Section 21 orders are not heard in open court, they are decided by judges in chambers and granting possession is generally automatic but they might delay the date a bit if for example you're waiting to move into other accomm and have a definite offer. If you still haven't moved out after the Court has granted possession (4 weeks I think) the landlord than has to go back to court for an Eviction Order to get bailiffs in again. I reckon all of the above would take a minimum of 4 months. Once you've got a Notice you can apply to the council for accommodation (if you're desperate!) and should be given priority if you have children.

 

Best to contact Shelter England - The housing and homelessness charityfor proper legal advice - their advisers are generally very well informed (and free).

[She Knows It]

Thanks Aws and BCP, much appreciated. I can't really do anything until next week so I'm trying not to worry about it too much. I'm hoping it'll turn out to be a crisitunity.