Q about notice being served?

[S&C]

Due to a mess up with my HB claim no rent has been paid to my landlady (who's subletting my house to me) since the end of October. Obviously the actual landlord who she rents from isn't impressed and has served notice on us.

The problem is that we haven't actually recieved this notic - the first we knew about it was today when we saw the person who recieves our rent cheques and she asked how we were getting on with moving!! Turns out the notice to quit was posted at the end of November and we should have had it by now. Obviously we haven't so we've now got 10 days to find somewhere else to live. I know everyone always says they don't receive bits in the post but we honestly didn't. We were out of the country between December 5th and January 7th and despite the post office holding onto our post for us there are some things I was expecting that didn't arrive.

So - question. Is the notice to quit binding as we didn't receive it and have yet to get anything in writing? Please say no!!

[MrShed]

If the landlord has proof of postage(NOT proof of receipt), then it will be difficult to challenge the notice in court. As you do not know this answer, I would have to advise to go on the basis that the notice may well stand.

[Joa]

You do not have to move out on expiry of the notice though. The landlord can only evict you if he has a court order. If you are still in the property upon the expiry of the notice, he will have to apply to court. The process may take further few months.
If the landlord harasses you or threatens you- he may be committing a civil and criminal offence of illegal eviction.
Speak to the council- you are now very possibly "homeless or threatened with homelessness".
Keep lines of communication open with the l/lord; say that he is likely to save himself an awful lot of trouble if he lets you stay for another month to find another property, instead of applying to court.
Additionally, check whether your deposit should have been protected by TDS; if it should and it wasn't- S21 notice cannot be used, although in cases of non-payment of rent a l/lord may have gone for another type of notice.
Check:
Shorthold Tenancy - posession, eviction and notice
Revised Homelessness code of guidance for local authorities, July 2006
Tenancy Deposit Scheme

Speak to Shelter Great links; housing and associated. to confirm all this because you are subletting, you are not actual tenant.

[S&C]

Well, we're still waiting for the notice to quit (as is the homeless advice team for the local council!). We've both requested the notice in writing and as yet nothing has arrived.

We were due to be out of the property yesterday (the landlady yelled at me on Wednesday) but we're still here. We're planning on moving out asap as we secured a gorgeous new house yesterday (just waiting for someone to help us move the furniture and fridge/freezer!) but until then it's a case of heads down and keep out of her way for about a week.

Not holding out much hope of getting our deposit back but we'll see.

Thanks for your help