Our house is being sold

Our landlord has decided to sell the house we are in, however, we do not have a tennancy agreement, someone has told me that without this the new owners would have to take us to court to make us move out, i was just wondering if anyone knows if this is true or not, don't get me wrong i dont want to give the new owners a hard time but what with my baby girls problems finding new a new house is the last thing i want to be doing right now.

if you have been paying rent and paid a bond then you have a agreement/contract

contact the C.A.B as soon as possable it is free legal advice.

laurieash said:

contact the C.A.B as soon as possable it is free legal advice.

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Ditto, the last thing you need right now is a barrack-room lawyer.....get straight to the CAB to begin with.

I think theres little doubt he can remove you eventually but there are lots of complications that might dictate how long it would take, to get proper advice.

if you look on the thread 'your business and what you do' there is a member who is a housing adviser who offered to help members :thumb2

http://www.nissan4x4ownersclub.com/forum/showthread.php?t=1987&highlight=business

house rfor sale

if your tenancy has expired then you have waht is defined as a tenancy of statute. the landlord would be required to give you Notice to quit (either 28 or 56 days dependent on yor tenancy agreement) obtain a possession order and then apply and execute a bailiff warrant.

DO NOT LEAVE PRIOR to the bailiff warrant as you can run the risk of being found intentionally homeless - as there will be a direct link (you leaving) and the loss of accommodation that would by law be available for you to occupy.

Visit either the local CAB or Housing advice service and log an application as being threatened with homelessness, they will generally only accept an application if you are threatened with homelessness within a twenty eight days period of bailiff warrant.

As long as you comply with the indtructions pf housing advisor and there are no rent arrears you should be awarded a full housing duty by the local authority and should be able to get a council property or at least assistance detting another privately rented property via a rent deposit scheme or a bond scheme operated by the council

hope this helps. I am an Housing officer but althoughthe housing act is national there are regional approaches so please check locally.

paulp

paulp said:

if your tenancy has expired then you have waht is defined as a tenancy of statute. the landlord would be required to give you Notice to quit (either 28 or 56 days dependent on yor tenancy agreement) obtain a possession order and then apply and execute a bailiff warrant.

DO NOT LEAVE PRIOR to the bailiff warrant as you can run the risk of being found intentionally homeless - as there will be a direct link (you leaving) and the loss of accommodation that would by law be available for you to occupy.

Visit either the local CAB or Housing advice service and log an application as being threatened with homelessness, they will generally only accept an application if you are threatened with homelessness within a twenty eight days period of bailiff warrant.

As long as you comply with the indtructions pf housing advisor and there are no rent arrears you should be awarded a full housing duty by the local authority and should be able to get a council property or at least assistance detting another privately rented property via a rent deposit scheme or a bond scheme operated by the council

hope this helps. I am an Housing officer but althoughthe housing act is national there are regional approaches so please check locally.

paulp

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Paul what are the implications if what he says about not having a tenancy agreement is literal.....am I right in thinking the law assumes it shorthold by default, or can he derive any extra benefit from such a scenario?

ring C A B in the morning , no point going down there it will be packed and they will only make a note of the help you need and give you an appointment for about 3 weeks .
but ring and do it from home , they do online chat help too now . so thats useful to put your mind at ease quicker . look at there web site http://www.citizensadvice.org.uk/

but you need someone like shelter http://www.shelter.org.uk/
find your local office , sometimes at the C A B , but you want your local non C A B one for obvious reasons (3 week wait)
when you go to them you have your own shelter rep help you . and sort out the legal side of things . but i suspect they will advise you to speak to youer landlord to see what he says first , it could be a nothing and you are part of the sale . so nothing to worry about .

another route is your local council they will have a department for things just like that . ring them and ask the questions .

you will find , the more people you ask . the better help you will get . and you will have contacts who often work together to get you fixed up .

remember pen and paper ready. before you call . and always be polite , clear and make sure you take there name . dont give up at the first knock back of oh we dont do stuff like that .... if you get that say " can you advise me where to go next".


i suspect its an easy fix , and you will be sleeping easy tomorrow :thumbs

good luck .

tenancy agreement

Hi

In the absence of a tenency agreement or an expired agreement it becomes a tenency of statute which by default is the same as an assured shorthold temamcy - which in law is the least secure type of tenancy available.

there is no defence for the judge granting possession and the maximum time that a judge can award before the landlord can apply for a warrant is 42 days (6 weeks).

If any housing benefit is being paid to help meet the rental costs then a tenancy agreement must have at one time existed. if this is the case just ask or a copy from the council. Take the housing benefit award letter and ID with you andthey should oblige.

paulp

paulp said:

Hi

In the absence of a tenency agreement or an expired agreement it becomes a tenency of statute which by default is the same as an assured shorthold temamcy - which in law is the least secure type of tenancy available.

there is no defence for the judge granting possession and the maximum time that a judge can award before the landlord can apply for a warrant is 42 days (6 weeks).

If any housing benefit is being paid to help meet the rental costs then a tenancy agreement must have at one time existed. if this is the case just ask or a copy from the council. Take the housing benefit award letter and ID with you andthey should oblige.

paulp

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One more question; but this would mean lawyers and money.....I am aware from something I was involved in a couple of years ago that there are some very strict circumstances in which the above isn't true...for example if one or more of your children were sitting examinations. I'm just wondering if Ricohs daughters health problems and hospital access might be a delaying tactic in your experience....clutching at straws I know, but best to cover all the bases.

lacroupade said:

One more question; but this would mean lawyers and money.....I am aware from something I was involved in a couple of years ago that there are some very strict circumstances in which the above isn't true...for example if one or more of your children were sitting examinations. I'm just wondering if Ricohs daughters health problems and hospital access might be a delaying tactic in your experience....clutching at straws I know, but best to cover all the bases.

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shelter are the ones to give that a push , rather than spend out on solicitors etc . and remember a court can and will only act within what is law, but and its a massive but . if its put to a judge the family situation the judge can give a longer stay with exceptional circumstances . if indeed the property is for sale without tenants.

that is the first stumbling block i can see . and what makes me wonder if there is nothing to worry about , i fail to see how the landlord plans to sell with tenants if the tenants are not included in the sale . a quick call in the morning might settle this , before it all starts .

my guess is , the landlord is probably just as keen to get you signed up to a proper tenancy agreement so he can sell .
a quick chat with shelter first will give you all you need in ammunition prior to ringing your landlord

notice seeking possession

unless agreed by the landlord, the maximum time a JUDGE can give is 42 days.

time would be better spent convincing the local authority to accept a homeless application early or apply for a special concession (sometimes known as delegated authority) from a senior housing manager to allow access to a council property if a housing application exists.

all of the above are dependent on the demand for council housing in the area.

At the moment I would apply for a council property via the bidding or point system that exists locally. Once this has been done an application for a priority to be awarded (dependent on local system this will be a "reasonable or similar prefernce or extra points on medical or social grounds) can be made and hopefully have sufficient grounds to have a fasttrack councl tenency.

If a homeless application is required the above may be used to convince the council to accept an application early or get access to a local authority rent deposit scheme/ bond scheme.

Please speak to the local housng advice service as the terms and conditions can be slightly different depending on the demand for assistance or council housing.

paulp

Thanks for the advice and info guys, whats taken me aback the most and got me worried is today people turned up to view the house and we had no idea they were coming, it wasn't the best day for them to come as my baby girl was having a bad day, i had a word witht he people that wanted to view the house and told them today was a bit inconvenient and the reason why and that we hadn't even been informed they were coming round, so they are now coming around tomorrow, If i could get a mortgage i'd buy the place myself but bad credit history which i had improved on until having to spend so much time at hospital prevents it, it's not like i cant afford it, i manage to pay the £500 a month rent no problems.

paulp said:

unless agreed by the landlord, the maximum time a JUDGE can give is 42 days.

time would be better spent convincing the local authority to accept a homeless application early or apply for a special concession (sometimes known as delegated authority) from a senior housing manager to allow access to a council property if a housing application exists.

all of the above are dependent on the demand for council housing in the area.

At the moment I would apply for a council property via the bidding or point system that exists locally. Once this has been done an application for a priority to be awarded (dependent on local system this will be a "reasonable or similar prefernce or extra points on medical or social grounds) can be made and hopefully have sufficient grounds to have a fasttrack councl tenency.

If a homeless application is required the above may be used to convince the council to accept an application early or get access to a local authority rent deposit scheme/ bond scheme.

Please speak to the local housng advice service as the terms and conditions can be slightly different depending on the demand for assistance or council housing.

paulp

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exactly , but landlords are local businesses, and this if it ever went to court would be a county court matter public law, few calls to the local rag . im sure the landlord would be in agreement . old or new

yes its a worry but its not crisis level yet, not anywhere near . but now is the time to do your homework and get help ..... shelter is the one but council housing officer will advise the councils side and possibly get one in your council who wants to help they are generally helpful. if you ask for help

house for sale

At present it is your home and it would not be unreasonble if you asked for a mutually agreed appointment to be set up.

you have not got to allow access without prior reasonable notice, you can be awkward as you are allowed quite occupation of the property, but it would probably be best not to piss off the current landlord or buyer, in case the property will still be available for you to rent.

the new landlord may want a tenant and not want to live in it themselves

paulp

R1cho said:

Thanks for the advice and info guys, whats taken me aback the most and got me worried is today people turned up to view the house and we had no idea they were coming, it wasn't the best day for them to come as my baby girl was having a bad day, i had a word witht he people that wanted to view the house and told them today was a bit inconvenient and the reason why and that we hadn't even been informed they were coming round, so they are now coming around tomorrow, If i could get a mortgage i'd buy the place myself but bad credit history which i had improved on until having to spend so much time at hospital prevents it, it's not like i cant afford it, i manage to pay the £500 a month rent no problems.

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Paul can advise better but you are under no obligation to let these people in without proper notice. This landlord is clearly a muppet.

You may not want to upset the situation but as Colin says, you need to understand what the landlords intention are, because he may be selling it as an investment property, but either way its in his best interests to have your co-operation, but equally you are entitled to a bit of fair notice of a viewing.

But do follow what Paul says....you've also got to bear in mind where you stand if, for example, he sells with you as a sitting tenant, but then the new owner jacks the rent up or acts the goat somehow.....doesn't leave you many options, but depends on how your rent is funded....might be better to discuss with PaulP via PM.

i've had a look on the estate agents website and its advertised as empty with no chain

R1cho said:

Thanks for the advice and info guys, whats taken me aback the most and got me worried is today people turned up to view the house and we had no idea they were coming, it wasn't the best day for them to come as my baby girl was having a bad day, i had a word witht he people that wanted to view the house and told them today was a bit inconvenient and the reason why and that we hadn't even been informed they were coming round, so they are now coming around tomorrow, If i could get a mortgage i'd buy the place myself but bad credit history which i had improved on until having to spend so much time at hospital prevents it, it's not like i cant afford it, i manage to pay the £500 a month rent no problems.

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well there is your answer then . ask the buyers if they are looking to buy with you as tenants, or as a private dwelling . simple .

if private you know where you stand . its unlikely the buyers will buy anyway no one is going to buy a house with hassle . not in this climate . and they wont spend out on searches for hassle .

its a non starter . i cant see how the bloke hopes to sell with you in it . unless its sold with you in it .

but do your homework and remember the landlord will have to spend to pursue you . rather than you case him in the courts at your cost ...

i still say it'll be sorted with shelter tomorrow . chill

R1cho said:

i've had a look on the estate agents website and its advertised as empty with no chain

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which pretty much tells you (i) that he IS indeed a knob, and (ii) what his intentions are.

have a chat offline with Paul and clarify anything you're unclear of. I know what Colin's trying to say but the fact is, if he wants you out you're gone, its just a question of when. Nobody/nothing can stop it, but if you guys need logistical help of any sort just say the word.

And don't fret over it, you've got enough on your plate - things will sort themselves out.:thumb2

For a start I would be going straight down the estate agents and telling them that this is misrepresentation, it is not empty, just imagine you were the prospective purchaser only to learn that there is a tenant in occupation and that you will have to be going through all the problems of evicting the tenant before you can occupy yourself, most would I am sure walk away, but do not look entirely on the dark side, get all the facts before having a go as things may not be as they seem, if you have been on good terms with your landlord then have a word with him first, but be wary, Rick