2 month notice to vacate due to landlord selling up

[Kelly83]

Hi. I am unsure what to do, I have been given 2 months notice to vacate. It's private rented. I live in Portsmouth but wish to move back to fareham but don't have immediate family just a aunt and cussons. Can you help me with what I should do as I am currently signed off sick due to heart problems and due to have surgery around same time as eviction. I also have a young child. My partner who lives in fareham is seeing what he can do but were both unsure as we were planning to move in together but he rents a room close to work and is awaiting a place via fareham council and now I don't know what to do or who to call. I did try fareham council but they say I was removed off housing list in 2011 due to moving to Portsmouth.

 

Hope someone can help thanks.

[honeybee13]

Hello and welcome to CAG.

 

I think you should contact Shelter, who are usually helpful with this sort of problem. Their details are in a stikky on this forum, but I'll post a link in a mo.

 

My best, HB

[honeybee13]

Here you go.

 

Get housing help and advice

 

 

• Contact Shelter's free housing advice helpline on 0808 800 4444 (calls are free from UK landlines and main mobile networks).
  
• Visit the Get Advice section of this website for help online.
  
• Phone or visit a Shelter advice centre near you.
  

http://england.shelter.org.uk/about_us/contact_us

[Kelly83]

Thanks I rang shelter and was told to go to local council. I am worried as I calked estate agency again and the first girl said the landlord is selling the house then I was quickly passed to another girl who said I had rent arrears but wouldn't say an amount. Now I am worried as the council may not help me if this is the case. As I read its a self inflicted reason if you have rent arrears.

[honeybee13]

That's a shame, Kelly.

 

I've let the site team know that you need help and hope one or two will be able to pop in later.

 

HB

[Kelly83]

Will I not be eligible for help from any council if I have rent arrears? And if I do once I know the amount does it make a difference if it gets cleared up even if I am still getting evicted? Thanks for help.

[stu007]

Hi Kelly

 

Now you say you have been given 2 months notice, could you clarify how you were given the notice?

 

As for rent arrears it sounds like you were unaware of this so I would suggest writing and requesting clarification of your Rent Account and any Arrears Amount.

 

You would also like a full statement of your Rent Account (remember to always get Proof of Posting and keep a copy of the letter).

[Kelly83]

Thanks. I have been given a formal letter section 21 notice requiring possession. I will again chase them for a total first thing in the morning for apparent rent arrears. I have receipts up until last July which is when I told them I was struggling to pay the rent top up and they got hold of landlord and agreed as long as housing benefit continued to be paid I can just pay what I can if I can with regards to the rent top up. So it's been a year and nothing has been said further about this now being a problem . It's a damn good excuse for them though to evict though not that it actually says on the letter abut any arrears, it just says notice to vacate on main letter as landlord requires possession and to arrange to meet to hand keys back on the 2nd of September. It's a polite letter tbh and ends with we look forward to hearing from your shortly.

[stu007]

Hi Kelly

 

I am going to move your thread to the Residential Forum as you may get more advice there. It administrative so nothing for you to do.

[stu007]

Hi Kelly that's your Thread moved to Residential and Commercial Letting, I have left a short redirect to where it was originally.

[stu007]

Hi Kelly

 

what I think you may need to do ref housing is to speak to the homeless team at both Portsmouth and Fareham Council as the criteria may be the same for both or it may vary but you would need to ask:

 

These are the links for Portsmouth and Fareham Council Homeless section:

 

http://www.portsmouthcc.gov.uk/living/13131.html

 

http://www.fareham.gov.uk/housing/homelessness/intro.aspx

[Kelly83]

Thanks I am going to see citizens advice and then see council as well. Does it make any difference that my tenancy ended in may? As I signed a new 6month short hold tenancy last November. Also can the letting agency give the reason to a council as to why I have been evicted or is this confidential?The fact that the agency agreed last july with landlord that as long as housing benefit was still received the landlord was not to bothered about the rent top up and still renewed my tenancy last November and then let me continue to live here after may when tenancy ran out but now decide to use rent arrears as a excuse to give me my 2months notice shows they are full of rubbish as no landlord or council would surely let you miss rent top up for a year without raising the issue if it were a problem which is wasn't as they agreed it was ok as I was struggling due to the cost of running house as heating is so bad and costly here as its all very old.

Thanks again.

[raydetinu]

First of all you should understand that the section 21 notice ( if completed correctly with correct dates and information ) is just that a notice for repossession!

Once that date is passed the LL can then apply to the court for legal repossession and eviction; which take a few months.

i.e. you do NOT have to leave by the end of the S21 notice.

It would help if you pay off the arrears though, so he cant issue a section 8, 10 or 11 notice relating to rent payments which can be dealt with quicker.

[Kelly83]

thanks. i have called letting agency again. the girl again said they know nothing about owing them but then the manager came on and said yes there is rent outstanding but he doesnt know how much and doesnt know a time or date when he will know? they are just full of rubbish so will put in writing now and no more calls. i have only lived in portsmouth for 3 years and fareham for 2 can the council refuse to help based on that? this is something i am concerned about as not lived in hampshire very long. thanks again.

[mariner51]

Kelly, s21 is a 'no fault notice' and no reason has to be stipulated, unlike s8, so if Council asks why LL has served s21 you can truthfully say that LL wants to sell( with vacant possession).

As for your arrears the max likely is the total top up for the period you did not pay it. LL could sue in SCC for any rent arrears, but this would be separate from the s21 hearing, so worth paying off any arrears asap.

[Kelly83]

thx for that mariner.does anyone know about housing rules and who they do and dont help with regards as to how long you have lived in the area as i have only been in hampshire for 5 yrs and dont have a local connection like close family apart from a aunt and cussons. thanks

[raydetinu]

Suggest you call the council housing dept or better still call in and discuss your situation; I don't think this would prejudice the out come.

At least you will know where you stand rather than worrying or leaving it to the last minute.

[Lea_HTH]

Kelly, s21 is a 'no fault notice' and no reason has to be stipulated, unlike s8, so if Council asks why LL has served s21 you can truthfully say that LL wants to sell( with vacant possession).

As for your arrears the max likely is the total top up for the period you did not pay it. LL could sue in SCC for any rent arrears, but this would be separate from the s21 hearing, so worth paying off any arrears asap.

 

The claim for the rent arrears will only be separate from the claim for possession if the LL chooses to use accelerated proceedings for the s21 - which could see him in court two to three weeks after the end date on the s21. If the LL chooses to use the usual proceedings for the s21, he can also claim for the rent arrears at the same time.

 

A money judgment given at the same time as the s21 notice will be indicated on the judgment and a local authority will see such (depending on the amount of arrears) as intentional homelessness.

[Kelly83]

I have been to the council. They say they will help, once the lady who is dealing with me returns from holiday but she will contact estate agents before she goes away. The estate agents still won't tell me what the rent arrears are so how can I get this if this is what they have given me a section 21 for. Even though we had a agreement and the girl I first spoke to said the landlord is selling.

 

Thanks.

[citizenB]

 

The estate agents still won't tell me what the rent arrears are

 

One way or another, they will be obliged to give you this information. However, I would send them a letter, something along the lines of..

 

Dear Sir or Madam,

 

REF

 

I have been advised that there are possible arrears owed by way of Rent, yet no one is prepared to tell me how much or from what date.

 

Please be good enough to provide this information within 7 days.

 

yours faithfully.