The landlord has sold the property to a young couple and my friend is moving to a new premises next week but has not told the LL the situation yet!

Did any tenant on this forum sign the declaration form regarding the landlord being notified of Hb but the landlord was never contacted by the council? I have a friend who is very worried going to a new property and has not declared Hb to the landlord but is entitled to the rent rebate and has children to keep a roof over their heads. My friend is scared to fill in the declaration section because she does not want the landlord to know! This is a straight transfer of Hb from one address to another and the rental market in their area is pretty grim at the moment and they were going to be made homeless due to the previous landlord selling up. This friend is not committing any fraud but is very worried of the landlord not approving. Any advice would be much appreciated

Thank you Mrs Blackadder for your response. I will pass your comments on to my friend. Much appreciated

Thank you as always!!

Hi, How true is that estate agents(Letting) will not take any body with housing benefit? My friend has been told to move by the landlord because He has sold but is on part housing benefit. An estate agent told me today they will not consider anybody on HB because the council pays directly to the tenant! Nobody will touch anybody on Hb because of this reason? The local council says there is a 3-4 year waiting list for affordable housing. Plus they told my friend to sit in the property until the court proceedings for eviction!

Hi Guys, Quick update - I took my contract down to the Cab last Friday and the bad news is that the landlord was in his right to give us a section 21 based on the original contract signed back in 2008. The landlord has been flexible with the date along as the property is not been sold. Other problems I face is the rental market is very tough, properties are going at a fast rate and we are struggling to find a place. Thanks Caggers with all your help and I will be back for more help very soon!

Thanks Aequitas for the reply. I just hope I can find a property for my children by the 27th September. Thank you everybody for your help and support! Much Appreciated.

Hi Steve, Would the housing act(1988) over ride the fact regarding the landlord 2 month notice period? It still is a 12 month contract and surely the landlord can only give the 2 month notice period on the 27th October and for us to move out by the 27th December 2011 and not Sep 27th? October 27th is the 6th month in to the 12 month contract? Just had a letter from the estate agent-section 21 - Must vacate by 12pm on 27th September! I am gutted and feel let down why a 12 month contract is not worth the paper it is printed on, I need to find a home for my two young children by that deadline. I need to be 100% sure that what they are doing is correct because I need more time to find a property.

Thanks for the replyThe contract states the followingThis supplemental agreement is supplemental to an assured shorthold agreement(The principal agreement)dated(28/08/2008)The term of the principal agreement shall be extended for a further period expiring on the 27/05/2012Break clause - The landlord shall be entitled to terminate this tenancy by giving notice to the tenant as follows:The notice can be served at any time during the extended periodThe period of the notice can be served at any time during the extended periodThe period of the notice to be a minimum of two calendar monthsThe notice period will expire on the last day of a period of the tenancy and must be served in writing.The contract orginally was a shorthold agreement back in 2008 but this was an extended contract for 12 months signed back in May making this as a nextended contract!Can he use the section 21 and try to remove us by September 2011? The landlord reason is he wants to sell the property a.s.a.p!

Hi Caggers, Need help very very quick. After a long winded outcome we won a 12 month contract which started at the end of May 2011 for our property. Bad news- the landlord wants to sell and want us out by the 27th Sepember 2011! Can he do this? Surely he must only give 2 months notice after 6 months in to the contract! Please can anybody give advice!!!!

Thanks For the reply. Quick question regarding the section 8. Can I still fill the form on the link For s8 use http://www.possessionclaim.gov.uk The estate agent has issued the section 21 which expires on the 7th August 2011 but I can still do the section 8 to speed up the process?

I need help & Guidance with the following(England) Tenant moved in on the 7th August 2008. The tenant is on a periodic agreement since 7th August 2009(The letting agency did not get the tenant to sign a new agreement) Late with payments since July 2009(Week late) Now 3 months in arrears for unpaid rent-£1,950. The letting agency have issued a section 21(4a) which was exercised on 11th May 2011 and for the tenant to vacate the property on the 7th August 2011.(Have the letting agency done the correct format?) The deposit is protected. Can you please help me with what forms to fill in section 8 form(N5 FORM Or N5B?) This form I send to the court and to the tenant, The payment is £150.00? http://www.hmcourts-service.gov.uk/c...ms/n5_0805.pdf The tenant would also receive the section 8 Notice (Possession) form first then send off the N5 OR N5B FORM two weeks later? what information from the housing act do I fill in on the section your landlord /licensor to seek possession on grounds(s) I am totally lost to what to do with this section? Are these the following examples to put on the section 8 notice Ground 8 Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing - (a ) if rent is payable weekly or fortnightly, at least eight weeks' rent is unpaid; (b) if rent is payable monthly, at least two months' rent is unpaid; © if rent is payable quarterly, at least one quarter's rent is more than three months in arrears; and (d) if rent is payable yearly, at least three months' rent is more than three months in arrears; and for the purpose of this ground "rent" means rent lawfully due from the tenant. Ground 10 Some rent lawfully due from the tenant - (a) is unpaid on the date on which the proceedings for possession are begun; and (b) except where subsection (l)(b) of section 8 of this Act applies, was in arrears at the date of the service of the notice under that section relating to those proceedings. Ground 11 Whether or not any rent is in arrears on the date on which proceedings for possession are begun, the tenant has persistently delayed paying rent which has become lawfully due Ground 12 Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed. Section 4 -Give full explanation - Is this a reason for each reason as stated above? I.e -Ground 8 - The tenant pays on a monthly basis Ground 10-£1,950 is unpaid since the 7th June 20111 Ground 11-The Tenant has been persistently late with the rent since July 2009 Ground 12-The tenant has not payed the rent since the 7th April 2011 Is the above Ok? Must hand the n5 form and the possession directly to the tenant? Then there is the rent arrears-is this the n119 form and does this go together to the court or separately with the N5 form? Is this an added cost? http://www.hmcourts-service.gov.uk/c...9_web_0410.pdf If the tenant does not defend the case will the court issue the eviction notice straight away or would I need to go back to court for the bailiffs if the tenant does not budge from the property? Is there another court form to fill in for the bailiffs and the cost I assume is £90.00? Many Thanks

Thank You for the reply. I will check my agreement.

Can anybody give me the following answers.. I have just signed a new tenancy agreement(long term) and I feel it is time to go bankrupt. My dmp have told me it would take 200+ years to pay it off! Has anybody had trouble with a letting agency regarding going bankrupt, I am worried they might not welcome the idea. Will it effect the landlords address? Will they want us out of the property? The debts are old and it does not effect any utilities bills I am paying and it will not effect my rent. Just some guidance please.

Can you please explain how to issue a SAR to both? Much Appreciated

The la have manipulated the landlord, he refuses to answer my emails. I am very sorry for disrupting this thread it wont happen again.

My point is if you are happy where you live and with an excellent track record of upkeep & payments of rent there is no reason to be issued a section 21? If you do not agree to the La way of thinking then you are out on the streets! There is not enough protection for tenants on a Ast agreement if you are a good tenant. In that case many people have wasted their time and electricity on this site alone trying to explain something that does not exist.(This site has been excellent for people to come for advice and would not knock that fact)

Hi Martin3030, I have my own thread and the problem is that a tenant has no rights! The La & landlord can issue a section 21 for no reason. You can be evicted without a hearing. Why cant there be a law to protect tenants against greedy La with admin fees The only feedback i get is why dont you move! Well why should I bloody move! Sorry sunsh1ne for taking over your thread but it seems that people are coming on the cag with the same problems regarding estate agents and I wished I could give you an answer for your troubles.

I am also being ripped off by an estate agent for admin fees and total lies! These La have think they got the right to charge and mislead good people and i am one of them. For the past 3 months I have tried to secure a long term tenancy agreement for my children and I have failed! I can understand landlords concerned if a tenant is in rent arrears and not happy but when a good tenant has never been behind I feel let down by the lies this estate agent has told the landlord. No response from the landlord regarding the dispute and this so called La are a disgrace! One day I will do a blog and I will name and shame this company! I fully understand your problem with being ripped off by a La. and this should not be allowed in this day and age.

Can anybody give me a quick response with the following question Can a tenancy agreement be changed before the new agreement starts in 4 weeks. I.e -La draft a 3 month /Tenant wants 12 months. Took legal advice and had very solid points to why we should have 12 months. Excuse La might use - Its too late to change the agreement now! If the agreement starts at the end of Feb 11 can it still be changed from a 3 to a 12 month contract. I am assuming the contract is just a word document which you can alter without any hassle?

Standard AST fixed term 6 months-all money paid up front. This was set from Aug 08 - Aug 10 Standard AST fixed term 3 months--all money paid up front. This was set from Aug 10 - Nov 10 By the end of Nov we have had enough and told them we will only pay monthly! Terms & Conditions stayed the same since Aug 08. This is how there contract is laid out. We have pleasure in enclosing a renewal agreement for a further term from ***** to ****** at rent of £**** per calendar month.Kindly sign and return the agreement to our office as a matter of urgency,failure to do so may affect the status of your tenancy. PLEASE DO NOT DATE OR AMEND THE AGREEMENT Please note that the signed tenancy agreement and rent in accordance with the terms of the attached agreement must be received in full and as clear funds by *******. By the way of further clarification, your landlord will enforce section 21 notice of possession already served upon you should the full payment and signed agreement not received as detailed above. As previously advised there will be an administration charge of **** for the renewal.

Update... We have been lied to by the LA and i am in no mood to leave the property. They told me if i faxed over the two pieces of paper work for the credit check then we can have our monthly agreement at the end of Feb. Surprise Surprise - After ignoring my emails and phone calls for a week they email me today with the following Bulls*** statement. Sorry but your wife does not earn enough to cover the rent??? Funny how the credit check people only calculated only 6 months only of my wifes salary! "When your wife can produce 12 months of statements(It has gone from 6 - 12)we would be happy to do another credit check but we need you to keep a 3 month agreement for now! They told me i had enough to cover my wife short fall but this La are con merchants & liars!!!! Now caggers i want to fight these people and to keep the roof over our heads for my two young children who are settled and love the place. We have never been behind on the rent and we never will -i need advice regarding the step by step of how to beat these greedy B******* Enough is Enough! We only wanted a 12 month contract but these people are the **** of the earth!!! Please can anybody give advice-the agreement ends on Feb 27th and i will not be bullied by this company.

Does the 6 months only apply to new tenants only? I.e-If you have been in a property for over 2 years would it still take 6 months to issue the s21?

What if the tenant signs a 3 month agreement which includes the section 21 in the contract? I.e - starts at the end of Nov 2010 and the last day is the 28th Feb 2011. Will it still take the landlord 6 months to remove them from the property?

Why would you have to wait 6 months to issue the s.21 if the tenant has only signed a 2 months short term tenancy agreement? s.21 is a 8 week notice period? If the tenant does not leave after the 8 week period then the landlord will need to start court proceedings.