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sharronn23
03-06-2006, 11:01 AM
The house i live in was sold at auction to a letting agency who rent out lots of houses. It is in bad need of repairs and has a lot of damp etc. The environmental health inspected my property and sent the letting agency a list of repairs required in april. The letting agency contacted me and said they would not be able to do the repairs while i was in the house and so they would rehouse me. They gave me details of houses and first option if i liked any. I saw one i liked and now this week they have turned round and said that they are now selling my house as they do not have the funding to do the repairs and will not rehouse me. This morning i have received a letter which says; "Just to confirm that the above property is going up for sale, this is due to the extensive list of repairs. We do not have sufficient funds to proceed with these repairs, therefore you are hereby served with notice to vacate the property two months from the above date." Are they allowed to do this?? It seems very unfair. I have lived in the house for five and a half years and have two children.

pippay
03-06-2006, 12:14 PM
You haven't said whether you are still in the property or took up their offer of an alternative and already moved in there? Your legal position is, I believe, largely determined by the sort of lease you have. If it's Assured Shorthold Tanancy, the LL is well within their rights to give 2 months notice under Section 21, regardless of the length of time you've been there.

Try Shelter or Citizens Advice - personally I found Shelter the more informed out of the two (and easier to get on the phone !!!) You may be able to apply to your local housing department as being "homeless" - even if you are still in residence.


I'm assuming that if you could afford to get on the property ladder (as another post has suggested) you would have done so by now! so I hope the following helps you ..

Shelter's booklet on Homelessness states that you may be in prioroty need if you have children under 16; (or under 19 if they are in full time education) The Council will check 3 things; (a) that you are or soon will be homeless; (b) are in priority need and (c) that you are "eligible for assistance" (this means that you must be an EU citizen who has a right to reside in the UK and must be working and registered with the Home Office OR a UK citizen that has been residing in the UK.

If you are homeless, eligible for assistance and in priority need the Council then have to check that you aren't intentionally homeless (which by virtue of this notice you wouldn't be) and then check to ensure you have a local connection of at least 6 months duration.

The Council then must ensure you have somewhere to live while it makes enquiries - if you are pregnant or have children, you can only be placed in B & B if it is an emergency and nothing else is available and then only for 6 weeks.

Shelter can help you with the application although they can't make application on your behalf.

It may be a tenuous way to proceed but in the long term at least you will know you'll never be faced with this again as they will probably offer you an introductory tenancy and if after 12 months you have maintained the tenancy properly (e.g. no arrears etc) they could then offer you a secure tenancy. If this is the case you will have very strong rights indeed.

I would advise that you apply sooner rather than later - don't delay in making the pplication as it will give the Council more time to make it's enquiries - and also get on the ordinary housing list as well, if you're not already on it.

Give your local Shelter a call and good luck :)




The house i live in was sold at auction to a letting agency who rent out lots of houses. It is in bad need of repairs and has a lot of damp etc. The environmental health inspected my property and sent the letting agency a list of repairs required in april. The letting agency contacted me and said they would not be able to do the repairs while i was in the house and so they would rehouse me. They gave me details of houses and first option if i liked any. I saw one i liked and now this week they have turned round and said that they are now selling my house as they do not have the funding to do the repairs and will not rehouse me. This morning i have received a letter which says; "Just to confirm that the above property is going up for sale, this is due to the extensive list of repairs. We do not have sufficient funds to proceed with these repairs, therefore you are hereby served with notice to vacate the property two months from the above date." Are they allowed to do this?? It seems very unfair. I have lived in the house for five and a half years and have two children.

zoe
03-06-2006, 22:09 PM
"Just to confirm that the above property is going up for sale, this is due to the extensive list of repairs. We do not have sufficient funds to proceed with these repairs, therefore you are hereby served with notice to vacate the property two months from the above date." Are they allowed to do this?? It seems very unfair. I have lived in the house for five and a half years and have two children.

If you are on a AST and not within a fixed term then of course they are. Do you think they shoul dbe forced to do it up and rent to you forever ? Why would you want to live in a property which is in such a bad state ?

If you have problems with finding another home you should speak with teh council.

zOe

sharronn23
03-06-2006, 22:23 PM
I dont want to live in a property in that state, i wanted the repairs done and now they are forcing me to quit. I do not actually believe that they will be selling the house, as they are a VERY large company that buys houses for cash, so the claim they are making that they are short on funds is a blatant lie. I am still in the house as i have nowhere else. Not through choice. What it all boils down to is they are unhappy because environmental health have got involved. But the alternative is to live in a house that is full of damp and health damaging? They just want me out so they can do it up and rent it out for a lot more that is what it is about. The reason i am so annoyed is the fact they have many empty properties available, and are constantly buying more. Why say they would move me in the first place? To stall on the repairs. I dont see what the problem is i am not a bad tenant, i just wanted the repairs done.

Jennifer_M
03-06-2006, 23:03 PM
Whether they are evicting you to do up the property and rent it out for more or they are doing it to sell the house is irrelevant. They are entitled to evicting you without any reason. They could even evict you and leave the house empty forever if they wanted to.

They are a business and obviously are there to make money so if their options are:
1. Moving you to another property where you'd be paying the same rent as you are now which is lower than what they'd get from someone else for the same property, then do up the house and rent it out
2. Evict you, do up the house and rent it out at a higher rent without losing any rent on any other property
3. Evict you and sell the house at vacant price and make a profit on what they paid for the house as it was tenanted

... do you think they'd chose option 1?

It's not unfair, it's what letting is about, you have no security of tenure other than what your agreement states.
You can hold on and force them to take you to court if you wanted to buy yourself 2-3 more months but ultimately you will have to move out.

If you are thinking about getting council housing the council will probably tell you to wait to be evicted by the court before they give you a house so you're not intentionaly homeless.

pippay
05-06-2006, 07:37 AM
Unfortunately, you are in a no win situation with the LL. They can apply for repossession without giving a reason and whilst it may be unfair it is certainly legal and you have no legal argument to it. Seems to me, you are best off
concentrating on where you will live rather than on the fairness of it.

See my comments in Jennifer_M's post below and good luck.



Whether they are evicting you to do up the property and rent it out for more or they are doing it to sell the house is irrelevant. They are entitled to evicting you without any reason. They could even evict you and leave the house empty forever if they wanted to. Agreed

It's not unfair, it's what letting is about, you have no security of tenure other than what your agreement states. You can hold on and force them to take you to court if you wanted to buy yourself 2-3 more months but ultimately you will have to move out. Agreed

If you are thinking about getting council housing the council will probably tell you to wait to be evicted by the court before they give you a house so you're not intentionaly homeless. Agreed .. but if you approach Shelter now - they can make application for Homelessness now under the relevant Section of the Housing Act. You DO NOT have to wait for an evicition notice to apply but you WILL have to wait until there is a Court Order for them to take action. The Pros of applying now are that the Council can make all their relevant inquiries before a Court Order is made and hopefully (but with no guarantees) you will be less likely to be placed in temporary accommodation initially. If the Council deem that the property is unsuitable for habitation and represents a serious risk to health they MAY decided to move you earlier. You would need to tell the Hosuing Dept of the Environmetal Department's findings. None of this will be known UNLESS you apply.

It costs nothing to get help and advice from Shelter or to make application and from what you've said on here, unless you have grown up children, it would seem that your your circumstances are such that the Council would need to accept responsibility for re-housing you although Shelter would be able to give you a more definitive answer than I can.

sharronn23
05-06-2006, 11:19 AM
Thanks for the advice pippay. Have spoken to Housing Aid today and they have told me to wait it through till i get an eviction notice through the courts. This will probably give me until september by which time i will be qualified to teach and in a better position to find somewhere decent. Definitely not with the ones i am with now though.:(