Landlord evicting with only 1 month notice, Legal??

[smithy73]

Hi Guys,

 

I have a friend in need and are basically looking for some advice.

My friend has been living in a shared property (shared with the landlord) for over 5 years. On the 1st July 2008 the landlord gave her 2 months notice informing her she had to move out by the 1st Sept 2008. she had no problem with this and is due to move into a new property on the 1st Sept 2008.

Yesterday the landlord informed her that she only needs to give 1 months notice and she now has to move out by the 1st August 2008.

There was never any agreement signed between the landlord and tennant.

So, my questions are:-

1. As there was no agreement signed what is the legal standing of the lodger?

 

2. Is it correct in that she only has to give 1 months notice?

 

3. As my friend was given 2 months notice originally would that override any other notice period in a court of law? (ie the 1 month notice letter.)

 

This has caused my friend extreme stress and she also suffers from MS.

 

PLease advise as I will be writing a letter on my friends behalf so any case law or Acts which cover this sort of situation would be much appreciated.

 

 

Thanks in anticipation.

 

[Lula]

I think that two months is the correct, although I am not an expert, I do beleive that the landlord/agent is wrong and they do have to give at least 2 months notice.

[smithy73]

Bump.

[phat256]

smithy have u tried to contact shelter they are really good and very knowledgeable about housing right ......

 

if not tried to contact mr shed or waterbottle they give good advise too

[smithy73]

Thanks phat256

[MrShed]

2 months - contract cannot override the landlords statutory obligations, period.

 

EVEN if the landlord was correct(which they arent) new notice would have to be given. Therefore EVEN IF the one month notice was correct(which it isnt) then the months notice would start again - hence no eviction until the middle of August at the earliest.

 

But they arent right - cant remember which Act it is, but the landlord has a statutory obligation to give 2 months notice. I assume that the person in question pays the rent monthly, yes?

[smithy73]

Yes the rent is paid monthly.

[worzelGummage]

she is a lodger so 1 months notice is acceptable afar as I am aware.

[Zamzara]

But don't forget this bit:

 

My friend has been living in a shared property (shared with the landlord) for over 5 years.

 

I think we need more information about how much is shared.

[MrShed]

oops missed the lodger bit!!!!

[smithy73]

She has her own room and the rest of the living accomadation is shared.

[MrShed]

OK she is a lodger. In that case one months notice would be sufficient, BUT my point above still stands, in that the one months notice would effectively have to start again as a bare minimum.