Eviction notice

[Kipling001]

Hi.I hope some one Might be able to help on this matter.We as a family are living in a private rent house.Today the land lady came and gave us a 28 day eviction notice dated yesterday and not today.We have NEVER missed any payments on our rent and only wants the house back as her and the hubby have split up....she was playing about.
We have spoken to the council and they couldnt help but are now fingers crossed coming on board even if the letter has not been done by a solicitor which some people have said it has to be done other sare saying it can just be a letter off her.
When we moved it it was a 6 month contract and left open after that.
Since we have been in the house there has been NO safety checks as laid down by law which the landlord/lady has to carry out either every 6 or 12 months.what is the time scale you have to leave a rented property is it 28,2 or 3 months notice.
thank you

[SpringerSpaniel]

Re: Eviction notice

Is it a section 8 or a secction 21 notice under the Housing Act 1988 ? The notice needs to be in the prescribed form to be valid, but need not be completed by a solicitor, the landlady is entitled to complete the notice herself. You cannot be evicted without a court order from residential property in England and Wales, but needing the house back for the landlady's own use is a potentially valid reason to give notice to tenants.

[Kipling001]

Re: Eviction notice

It was non of the above.it was just a letter stating the following.
Dear Mr and Mrs x
Ref house number and address
We Mr and Mrs X wish to inform you that the property named X is now required for family use and herby give you notice of termination of tenancy.The date of your termination will be 14th September 2012 and the deposit held in trust will be released as soon as practically possible.
Thank you for your time as tenants in our property,If we can be of any assistance in anyway regarding any future references,Please do not hesitate to get in touch
Kind regards X

[leclerc]

Re: Eviction notice

What does you tenancy contract state about notice periods that the landlord can give to you?

[Kipling001]

Re: Eviction notice

As far as i can see by looking at it there is no information on it.....

[leclerc]

Re: Eviction notice

Is it an assured shorthold tenancy agreement?

[Kipling001]

Re: Eviction notice

when we moved in it was for 6 months and nothing after that.....

[Kipling001]

Re: Eviction notice

ie the agreement for both parties we couldnt leave and they couldnt kick us out we have been in the house since march last year

[Guest]

Re: Eviction notice

what is the time scale you have to leave a rented property is it 28,2 or 3 months notice.
thank you

Post up the tenancy agreement and I'll tell you.

I rent out properties in the UK thought a management agent and they always use assured shorthold tenancies with a 6 month preliminary let, followed by 2 year breaks.

Many agreements can allow the landlord to give notice to vacate in 1 months.

[Kipling001]

Re: Eviction notice

the one i have is like a book.........which part do you want to look at

[SpringerSpaniel]

Re: Eviction notice

It is likely that atfer an initial shorthold tenancy for 6 months it has lapsed into a monthly periodic tenancy. If this is the case, you can be given a month's notice. If it were an AST under the Housing Act 1988, if no fault is alleged on your part and a valid section 21 notice is issued, you would have two months' notice.

You could argue that the notice may not be valid and that you have a counter-claim re safety inspections.

However, you need to think what you want to achieve. It is very annoying to have to move house if you don't want to. However, you don't own the house and have little security of tenure. the landlady wants her property back for a valid reason. if you go down a legal route you may be able to get some compensation and/or more time to go. However, if you need more time, it may well be worth asking for that and makng a counter-offer, eg to go in 3 months, or after Christmas ? This might achieve as much with less trouble and stress and it may be better to part on good terms and get your deposit back. The letter is at the moment on good terms.

Shelter, your local council and your local law centre can all give you free advice about your rights and your housing situation.