Eviction for our Flat

[Arias]

We have been living in our studio flat for 9 months. We received a letter today to ask us to contact the agency as a matter of urgercy. I thought it was for the renewal of the contract, which expires in June only for them to say they have been trying to contact us to ask us to leave, as the landlady wants to reclaim the property. The landlady contacted them the 1st of Febuary and wanted 2 month notice period.

 

The agency have the wrong number, not sent a email or sent a letter other than the one we received today. The agency office is also 5 minutes away!!

 

I know the landlady is within her right to reclaim her property but my question is how long do we have by law to be able to locate a new palce to live. The contract states "possession of the property may be recoverd under Ground 1 in the Schedule 2 to the Housing Act 1988". Also Groud 2 notice.... In plain english what does this mean.

[mariner51]

Ground 1 or 2 means LLs previous main residence to which they wish to return to live in. Usually a more reliable s8 groumd but not nec quicker.

Have you been served with a formal s8 Notice seeking repo on g's 1. 2 etc, or just polite request via letter?

 

What date did T commence?

For what fixed term?

Is end date of fixed term specified in AST?

Any deposit paid, protected & prescribed info provided?

LA appears to have up cocked on Notice, but that is between them & LL.

If you are prepared to vacate as requested, you may do so provided you serve your own valid binding T NTQ by letter, (if iSPT) or negotiate acceptable (to you) mutual surrender terms if still in fixed term.

Of course LL can still serve valid s21 which will give you 3-4 months from date of service.

[mariner51]

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[ericsbrother]

Has your landlady offered you somewhere else and does she need it for herself? If the answer is no to both of those questions she wont get possession so sit tight.

[mariner51]

How do you reach that conclusion ericsbrother?

OP has yet to tell us status of tenancy. If it is now SPT LL can seek mandatory repo via valid s21. g1 was included in orig AST, therefore notified in advance of signature, so is a valid s8 ground.

If LL gains repo order, she does not have to rehouse Ts. unless you know something others do not.

When LL/LA get their act together, T should have 2 months to comply until s21 expires. If T decides to vacate they are still required to serve NTQ. If they wait until LL applies to Court, they could end up liable for Court fees.

If fixed term is 12 months, then T can vacate on last day of fixed term without Notice.