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UK only - friend given 2 months notice to vacate (sensible)advice please?

my friend's private landlord has given her 2 months notice to vacate her home - she has been a model tenant but the landlord wants to sell up - her contract expired some time ago. She is up-to-date with her rent. She cannot afford to rent via a letting agency due to the extortionate up-front fees and had previously been told by the council she was not eligible for a council house because her and her husband both work (they have 2 kids) - we have advised her to go to citizens advice but is there anything else she can do to avoid being made homeless in 2 months? Can she simply refuse to vacate the property and sit tight - where does she stand legally? - can he evict her if he has been collecting her rent but has not bothered to give her a contract? - Not that the ideal solution is to sit tight, but better than being on the streets or in a bed and breakfast?? Sensible and practical suggestions welcome please - thanks xxx

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  • ?
    Lv 7
    1 decade ago
    Favorite Answer

    The notice your friend has been given (presumably a section 21 notice) is NOT a notice to quit. It simply reserves the landlord the right to apply to the court for possession. She has every right to stay until a court order is obtained. This process will take at least another 2 months. However, it is no good hiding her head in the sand, when the bailiffs come, she will be out.

    The lack of a contract is irrelevant - a tenancy contract can be oral.

    If a deposit was paid, and the landlord hasn't protected it in one of 3 government approved schemes, then the s21 may be invalid - BUT - even if it is, it will just delay the process.

    If the property is sold whilst she is still living there, it need not affect her as her tenancy remains identical with the new owner.

  • SimonC
    Lv 7
    1 decade ago

    Her contract did not expire. The fixed term ended, after which the tenancy continued on a monthly basis on the same terms. Once this happens the landlord is entitled to ask the tenant to leave provided they give at least 2 months notice in the correct format. As this landlord appears to be acting correctly I will assume the notice is legal. This notice should expire on the day of the month that the tenancy started (ie so it will end after an exact number of months) unless the tenancy allows it be end at any time, which it might.

    Once the notice expires your friend does not have to leave, but the landlord can then take court action to evict. This will give a few weeks more, but the landlord is virtually certain to get an eviction order. He can then appoint bailiffs to remove your friend and her stuff. Although this gives a few more weeks in the property it will ruin any chances of getting a reference from the landlord, and is likely to mean that extra costs are incurred - at the very least they will lose their deposit.

    Many agencies are rip-off merchants who charge pointless fees (£100+ to prepare a contract - ie to print it out!!!!!). But not all. And many landlords deal directly with tenants without using an agent at all. Your friend should start to look for somewhere new ASAP.

  • Ian69
    Lv 4
    1 decade ago

    If he has given her 2 months notice and she originally had an AST (Assured Shorthold Tenancy) then he can evict her. If her original contract was for >366 days then she has other rights and needs advice from Citizens Advice in any case.

    She should NOW look around newsagents' windows and find a private landlord who wants to rent direct and not via a letting agent because landlords get charged big fees too. If she gets a good reference from her current landlord she'll have no prob. The last thing she needs is a dispute with her current landlord that will make things more difficult in future.

  • Anonymous
    1 decade ago

    Your friend can go to the council and tell them she has been given notice to quit her rented home.They will help as she is not making herself deliberately homeless to gain an advantage.

    It would make a nice change to see a working couple get a council house and actually pay some rent! I wish her well and hope she is treated with help and respect by her local council.

    Source(s): experience in housing
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  • mark m
    Lv 7
    1 decade ago

    You said yourself " quote" her contract expired some time ago. Hence if she have not contract and the landlord had giving her 2 months notice in order to sell the property, I think there is nothing can be done here.

  • 1 decade ago

    She might be best to go to the local council Temporary Allocations. It is best not to leave this to the last minute. They can advise her from there.

  • 1 decade ago

    Tell her to post about this landlord on this site www.rateorhateyourlandlord.com & contact http://england.shelter.org.uk/ & citizens advice they will help.

  • 1 decade ago

    She can move, that's about all her options. She can stay, and be legally evicted, but then it will be harder for her to find a new place.

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