rented house given back to bank!

[dicky6]

can someone please help me as reading the housing act is all greek to me. i rent a house and pay rent monthly, the landlord phoned me up on the 2nd of april stating that they are handing the house back to the bank at the end of april!!!! THIS ONLY GIVES ME FOUR WEEKS TO FIND ANOTHER ACCOMODATION, FOR ME AND MY SON.what do i do? i thought that i had to be given two months notice in writing? is this correct??? also as it was on the 2nd of april, the notice should be a full two months ,ie, if notice was given after the rent date (runs from the first of each month) so the tennancy should finnish on the 31st june 2008, is this correct??. the landlord stated that he was handing the keys back to the bank on the 31st april, what do i do?? IM STUCK ,WHERE DO I STAND, CAN I STAY TILL THE 31ST JUNE???(AS THE BANK WILL BE IN POSSESION OF THE HOUSE THEN!!). COULD SOMEONE PLEASE SHED SOME LIGHT ON THIS MATTER FOR ME,THANKS.

[Aequitas]

Relax. No one, not even a bank, can get possession without a court order.

[Spiceskull]

I would check all your facts first - there is not a 31st April, or even 31st June. If he has put this in writing then all facts need to be correct...

[Bookworm]

As far as I know, if the LL hands the keys back to the bank, then he's handing them with you in it, whether the bank (or the LL) likes it or not. There is no obligation for you to leave then, and is the bank want you out, they'll have to take you to court to get an eviction order.

 

Go to your local council and get yourself on the housing list. Then wait for the court date and go to court, don't fight the eviction order, as soon as it has been granted and a date set for when you have to leave the property, notify the council.

 

If you leave now, the council will consider that you have made yourself intentionally homeless and won't do anything for you. If you are evicted by court order, on the other hand, they have a legal obligation to rehouse you.

 

There's even possibly better news: Unless I am mistaken, once the LL hands back the keys, you no longer have to pay rent to him since he's no longer your LL... but neither do you have to pay rent to the bank, since you have no rent agreement with them. Effectively, you will be a squatter for that time until you have to leave.

 

I'm sure someone will correct me if I am wrong, but that's my understanding of things as they stand.

[dicky6]

sorry about the date mix up. should have been the 30th april and the 30th june, sorry.

[borisbeaver]

Did the LL follow this up in writing?

 

This must be in the prescibed format ensuring that the relevant sections of housing law are quoted.

 

Speak to you council renting department. They can be most helful.

 

I was originally given 1 months notice. I pointed this out to the LL and they changed it to 2 months, but put in on a piece of A5 ripped from a notepad.

 

When I went to the housing office to claim deposit assistance, they took one look at it and told me it was invalid. They phoned the LL and got them to re-do it. Even though we met the original date, we could have stuck out for another 6 weeks.

[dicky6]

thanks for your replies,

the LL only notified me by phone, not in writing.

the LL said in the phone conversation that they will hand back to me this months rent, which i will recieve from them on the 30th april when i vacate the premises. they are in arrears on the morgage which i found out, thats why the house is being handed back to the bank, (before it has a reposetion order imposed). thanks

[Bookworm]

My advice still stands. ;-)

[robin9342]

There's even possibly better news: Unless I am mistaken, once the LL hands back the keys, you no longer have to pay rent to him since he's no longer your LL... but neither do you have to pay rent to the bank, since you have no rent agreement with them. Effectively, you will be a squatter for that time until you have to leave.

This may depend on the wording of the tenancy. Some make reference to the LL or his successor, which in this case would be the bank. If so, the bank would have to honour the original tenancy (and you would have to pay them rent). This means that the bank would have to give you the usual 2 months notice.

 

Of course, if the LL didn't tell the bank that he was letting the property, that doesn't apply.

 

You might find the following link useful:

http://www.bdl.org.uk/images/17_how_can_my_landlord_end_my_assured_tenancy.pdf

[dicky6]

thanks for your good advice,

but there is one thing,

how do i go about finding out if the LL told the bank that they were letting the house out? do i get in touch with the bank? do i ask the LL ?

should i get in touch with the LL and ask for a notice to quit, as i will need this to show to the council, etc?

i have sent an email to shelter asking there thoughts on this matter,

thanks again for your good work in your replies, and i will post the reply from my LL and shelter. thanks dicky6

[robin9342]

If the LL didn't tell the bank, then it is likely the bank will not be the successor, because they will not know about the tenancy. Therefore you will not owe the bank any rent. However, this means the bank could apply to the court for you to leave in 14 days. If that were to happen, then as Bookworm says, go to your council immediately.

 

Whatever happens, any notice to quit must be in writing (and on the correct form) for it to be valid. The phone call does not count.

[tgsh2006]

You need to be served formal notice under Section 8 of the Housing Act 1988Only when that notice has expired can the landlord/bank commence possession proceedings. In addition the original tenancy agreement needs to make reference to the fact that possession may be sought on such grounds.

 

The two months notice is to do with Section 21 of the Housing Act 1988 and is known as 'notice only' ground. That is used when the fixed term has expired and the notice period is 2 months to expire at the conclusion of the fixed term if served during the fixed term; or 2 months to expire on a rent day if served after the conclusion of the fixed term.

 

NO ONE can lawfully evict you without a court order. To do so is a criminal offence and attracts a maximum sentence of 2 years. Even once a possession order is made and the possession date passed; the only people who can physically evict you are Court bailiffs acting under a Warrant of Possession.

 

My advice would be to stay put and await any notice. THEN seek professional legal advice (via Legal Aid if need be). Council's will tell you to remain until the day bailiffs execute a Warrant of Possession. Leave the property before then and you are classed as intentionally homeless.

[Chesterexpress]

You need to know which bank is involved in this, if they are aware that the property is let they will write to you. Otherwise you need to contact them and notify them of the situation. Once the keys are handed back they will more than likely arrange for the locks to be changed and you may well be out when they do this.

[slick132]

Chester's right - as soon as the bank thinks they have a right to the ppty, they may try and get locks changed anyway.

 

At the time the LL surrenders the ppty, it would be sensible to have someone at home if poss. If not, leave a clear note on the front door (preferably on the inside but clearly visible through glass) that the property is lawfully occupied and no changing of locks or attempt to gain entry should be attempted. Leave a contact no on the note.

 

No one should be able to take possession of the ppty without a court order and the court bailiff present.

[jackieandwayne]

Also, after you have received your S21 Notice of Seeking Possession, the lanldlord whoever that may be, cannot start proceedings against you until after the date stated within that notice. When I deal with this sort of thing I always put a clear 9 weeks on the notice cover myself. The Courts are very picky of late and even one day out with the NOSP can get it chucked out of Court. So, after the date on the NOSP the landlord applies to Court. Depending on where you are in the country and the level of workload within your Court it could be up to 6 weeks before a date is given for a hearing. A S21 NOSP means the judge cannot have any leeway to allow you to stay - he must give possession. BUT - I would say you can argue hardship because of the way this has been handled and the judge could exercise his only right to help you and that would be to give you 42 days (6 weeks to vacate). Ask for this as it will give you yet more time to find somewhere else.

 

You should take your NOSP to the Council, you are going to become homeless, it is not your fault (unintentional) therefore they have a duty towards you. The duty is to avoid your homelessness by whatever means available at the time - it doesn't mean they will provide you with a Council house (but again this depends where you live as some Councils have a plethora of properties they cannot let whereas here in the South there is not enough social housing to go around). SO, assuming there is no Council house for you yet, they can put you in BB (but not for long as it is detrimental to family life particularly children - this is where you might end up whilst they investigate but if you go to them now they have plenty of time to investigate and avoid this). They may help you with Rent in Advance and Deposit for a private let which you source yourself, or they may place you into hostel accommodation which they will provide themselves.

 

Also be prepared if you have pets - you may have to rehome them, although if the Council accepts a duty towards you they MAY put them into boarding for you if they are vaccinated but this will not be free.

 

I hope this helps, and you can see you can stay longer in your home if you know the system! Good luck, I am sure in a year's time all will be ok and you will be settled and I hope its LA or HA accommodation with a secure or assured tenancy.

[dicky6]

hi all, i would like to thank you all for your advice on my predicament.

i still have not had a formal notice sent to me yet(s8 housing act 1988), i phoned my ll to ask for one, and my ll did not know what i was asking for!.

the ll said that he was giving me back this months rent when i hand over the keys on the 30th april 2008,at 8.30pm, does he still have to give me my deposit back also? just had a call from a mate, a house has come up for rent, which i accepted as i dont have much time left. i will keep all posted what the outcome is, thanks to all dicky6.

[craigc]

i dont want to take over tjhis thread but im in the same situation as dicky6 and would like to ask all of your advice. i am in receipt housing benifit and have not paid rent for 2 weeks do i tell the hb office that i am no longer paying rent? and give them back the 2 weeks hb?

 

thanks

[slick132]

Hi Craigc,

 

Could you start your own thread in this forum - use the New Thread button and you're away.

 

Please also give details there of why you've not paid the rent. This will likely determine how you should d/w this issue.