Our house is being sold

R1cho · 10-02-2011, 22:25

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.

laurieash · 10-02-2011, 22:47

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

laurieash · 10-02-2011, 22:51

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

lacroupade · 10-02-2011, 23:12

Quote:

Originally Posted by laurieash

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

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.

(RIP) PLANK · 10-02-2011, 23:27

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

http://www.nissan4x4ownersclub.com/f...light=business

paulp · 10-02-2011, 23:56

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

lacroupade · 11-02-2011, 00:00

Quote:

Originally Posted by paulp

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

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?

extreme-4x4 · 11-02-2011, 00:03

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

good luck .

paulp · 11-02-2011, 00:08

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

lacroupade · 11-02-2011, 00:34

Quote:

Originally Posted by paulp

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

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.

extreme-4x4 · 11-02-2011, 00:46

Quote:

Originally Posted by lacroupade

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.

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

paulp · 11-02-2011, 00:48

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

R1cho · 11-02-2011, 00:50

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.

extreme-4x4 · 11-02-2011, 00:57

Quote:

Originally Posted by paulp

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

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

paulp · 11-02-2011, 00:58

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

10-02-2011, 22:25	#1
R1cho Senior Member Join Date: Aug 2010 Location: Wales Vehicle: 1997 LandCruiser Colorado Posts: 4,201	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.

10-02-2011, 23:56	#6
paulp Senior Member Join Date: Apr 2009 Location: essex Vehicle: nissan mistral 27td Posts: 1,043	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

11-02-2011, 00:08	#9
paulp Senior Member Join Date: Apr 2009 Location: essex Vehicle: nissan mistral 27td Posts: 1,043	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

11-02-2011, 00:48	#12
paulp Senior Member Join Date: Apr 2009 Location: essex Vehicle: nissan mistral 27td Posts: 1,043	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

11-02-2011, 00:58	#15
paulp Senior Member Join Date: Apr 2009 Location: essex Vehicle: nissan mistral 27td Posts: 1,043	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

10-02-2011, 22:47	#2
laurieash Senior Member Join Date: Aug 2010 Location: Isle of Axholme nr scunthorpe Vehicle: TerranoII /Discos/Landrov Posts: 423	if you have been paying rent and paid a bond then you have a agreement/contract

10-02-2011, 22:51	#3
laurieash Senior Member Join Date: Aug 2010 Location: Isle of Axholme nr scunthorpe Vehicle: TerranoII /Discos/Landrov Posts: 423	contact the C.A.B as soon as possable it is free legal advice.

10-02-2011, 23:27	#5
(RIP) PLANK Senior Member Join Date: Mar 2006 Location: Central England, in the Heart of the Black Country Vehicle: T2 2004 TDI SE LWB Posts: 7,740	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 http://www.nissan4x4ownersclub.com/f...light=business

11-02-2011, 00:03	#8
extreme-4x4 Senior Member Join Date: Sep 2008 Location: WALES Posts: 6,295	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 good luck .

11-02-2011, 00:50	#13
R1cho Senior Member Join Date: Aug 2010 Location: Wales Vehicle: 1997 LandCruiser Colorado Posts: 4,201	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.