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Thread: Housing Act / Legal Matters

  1. #1
    Senior Member fellhell's Avatar
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    Housing Act / Legal Matters

    I hope someone on here can help.

    Signed a 12 month Assured Shorthold tenancy last year, expires on 28/09.
    Having not heard anything at all, with 28 days left, thought I better do something about it.
    Being willing to stay where I am to avoid lots of hassle, I phoned estate agents to extend agreement for another 12 months.
    Only to be informed they had already rented it out to someone else for the next 12 months.
    I wasn;t even aware anyone had looked around whilst I wasn't here! (god knows what state it was in)
    To cut a long story short, my complaints have fallen on deaf ears, they just want to sell me somewhere else. They say they are sorry, they have forgotten to send me a letter to tell me
    Obviously I don;t want to stay with such a load of bandits so have found somewhere else to live. (Beeston)
    However, every one I've spoken to tells me they are out of order

    So having done a bit of internet research, it seems the Housing Act 1997 requires 2 months written notice before they want me to move out, even at the end of the 12 month period.

    Does anyone know if this is correct and where I would stand legally?

    I've tried getting hold of Leeds CAB throughout Fri and today but they must be low on staff as I cant get through.

    In the meantime I'm also going through the ombudsman process as their response has been awful.

    If I can take further action then I will...
    'That's what you get when you suffer - you get results'

  2. #2
    Master Stolly's Avatar
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    Re: Housing Act / Legal Matter

    Quote Originally Posted by fellhell View Post
    I hope someone on here can help.

    Signed a 12 month Assured Shorthold tenancy last year, expires on 28/09.
    Having not heard anything at all, with 28 days left, thought I better do something about it.
    Being willing to stay where I am to avoid lots of hassle, I phoned estate agents to extend agreement for another 12 months.
    Only to be informed they had already rented it out to someone else for the next 12 months.
    I wasn;t even aware anyone had looked around whilst I wasn't here! (god knows what state it was in)
    To cut a long story short, my complaints have fallen on deaf ears, they just want to sell me somewhere else. They say they are sorry, they have forgotten to send me a letter to tell me
    Obviously I don;t want to stay with such a load of bandits so have found somewhere else to live. (Beeston)
    However, every one I've spoken to tells me they are out of order

    So having done a bit of internet research, it seems the Housing Act 1997 requires 2 months written notice before they want me to move out, even at the end of the 12 month period.

    Does anyone know if this is correct and where I would stand legally?

    I've tried getting hold of Leeds CAB throughout Fri and today but they must be low on staff as I cant get through.

    In the meantime I'm also going through the ombudsman process as their response has been awful.

    If I can take further action then I will...
    Found this:

    http://england.shelter.org.uk/advice/advice-7563.cfm

    "Your landlord has to give you written notice if s/he wants you to leave. If your landlord is claiming you have done something wrong (such as not paying the rent) you may only get two weeks' notice.

    However, if your landlord doesn't have a reason to evict you, the notice must be at least two calendar months or the same period for which rent is paid, whichever is longer. If your tenancy is periodic, the notice should end on the last day of a rental period (the day before your rent is due)".

  3. #3
    Graeme
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    Re: Housing Act / Legal Matter

    That is in fact correct, if the estate agent wishes you to move out they have to give you two months written notice, however as tenant you only have to give them one month.

    Until last year my wife and I rented and most of the estate agents we've been with basically let you stop on after the end of the lease on a rolling contract.
    Even when a workmate and I were living in a house that was up for sale we were still on a rolling contract after our lease had expired.

  4. #4

    Re: Housing Act / Legal Matter

    They must give you written notice two months prior to them wanting you out. When I was letting my place out we were asking tennents to sign the two month notice letter at the start of the letting period therefore iving them noitce, but if the tennents worked out they got to stay on.

    Tricky business letting places out as tennents get loads of rights. Take action against the estate agents.
    @roadrunneraj #gohardorgohome

  5. #5
    undercover moderator
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    Re: Housing Act / Legal Matter

    Quote Originally Posted by fellhell View Post
    If I can take further action then I will...
    Oooh, this takes me back to when I had a proper job. Do you want the legal answer or the practical one....?

    The legal position is that yes, they are out of order. You can happily sit tight and they can do nothing about it. They need to serve you with a two-month section 21 notice*, and even then you can still stay there until they get a court order (which is a paper exercise, as it's granted automatically seeing as the tenancy will have expired at that point).

    Practically speaking though, you've already found somewhere else to live, and you don't like them anymore, and suing people is a stressful waste of time and money.

    However, seeing as you've been put to all this inconvenience, why not suggest to them that you've had the above advice, and you're planning on staying until around Christmas, so that you have time to save up your removal costs. Given that thay have someone expecting to move in, you may be able to swing some recompense for your troubles...?

    * always assuming that they didn't actually give you the notice at the same point as you signed the tenancy. It makes life easier for landlords.

  6. #6
    Senior Member marrow's Avatar
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    Re: Housing Act / Legal Matter

    Have a look at the guidance on this link:

    http://www.communities.gov.uk/public...ssuredassured2

    Would be a bit of a twat if you had received notice with the tenancy. Arguably, however, they will have to prove you signed it AFTER the tenancy started, as notice can only be served within the period of the tenancy.

    Bugger them about a bit as suggested.

  7. #7
    Senior Member fellhell's Avatar
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    Re: Housing Act / Legal Matter

    Thanks for the advice.

    As I expected - So I've got to write another letter tomorrow, as per Ombudsman proceedures, stating I'm unhappy with their initial response.

    I will add that I am aware that I have not been issued with the 2 months notice as required and am considering staying put / or taking futher action.

    Hopefully this will put the much needed firework up their collective backsides
    'That's what you get when you suffer - you get results'

  8. #8
    Senior Member DanAzz's Avatar
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    Re: Housing Act / Legal Matter

    The only plus side is if you are in Beeston you are near to the Victoria Hotel
    One of the, if not the best pub in the Midlands (IMHO)

  9. #9

    Re: Housing Act / Legal Matter

    Quote Originally Posted by DanAzz View Post
    The only plus side is if you are in Beeston you are near to the Victoria Hotel
    One of the, if not the best pub in the Midlands (IMHO)
    I thought Beeston was in Leeds?
    @roadrunneraj #gohardorgohome

  10. #10
    david
    Guest

    Re: Housing Act / Legal Matter

    Quote Originally Posted by Roadrunner View Post
    I thought Beeston was in Leeds?
    I thought it was in Cheshire.

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