# Eviction



## Tank. (Dec 26, 2011)

Ok, a bit dramatic but it maybe got your attention.

The landlords of the property we are living in have decided to sell the "long term" let after 6 months of us being in the property. we have 2 months to vacate

Some under hand dealings with a local couple who have wanted the property for some time and after selling their house are now in a position to buy here, despite us being told numerous times the landlord had NO INTENTION of selling.
Myself and my partner arent the issue but we have a 5 year old daughter due to start at the local primary school and we dont particularly want to disrupt her.

anyway im in a bit of a blind panick and not entirely sure which direction to head. We've been privately renting for 4 years now and not sure where we stand with the option of getting a mortgage/shared equity with nothing to put down?

any calm and piece of mind much appreciated
Tank


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## Rayner (Aug 16, 2012)

Have you checked your credit score/s mate? 

Not sure if 100% mortgages are readily available but there is a sign local to me saying they are giving them again.

If nothing else you could possibly borrow the money to put down? I've got no idea how they work but a friend of mine used a '0% credit card' for his down payment. Apparently keep up the payments and they are interest free (not sure why anyone would want to give free loans though?) He did this as he found it cheaper paying the mortgage than renting an almost identical property.

Best to speak to a financial advisor I'd of thought though?


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## Tank. (Dec 26, 2011)

wont have a fantastic credit score as we're a year into a debt management plan, although we have no other outstanding debt apart from whats being paid off, over a 4 year period

i guess citizens advice is the place to go


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## mattsbmw (Jul 20, 2008)

you need to get some proper advice but i would have thought getting a mortgage would be difficult. 

Could you look for a similar house in the same area to private rent?


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## Kerr (Mar 27, 2012)

What a horrible situation. 

What does your contract say? 

I know they can't actually make you homeless though. 

What about using the situation to get a house off the local council or housing association? 

In the situation with a child, I'd hope they would do their best to find you a good home. 

Many are good areas and they will offer you security that a private let doesn't. The rent should be significantly cheaper too. 

Best of luck.


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## alexharvey (May 16, 2013)

get advice from a mortgage broker , alot dont charge for advice they get payed by the mortgage lender if you get a mortgage its in the region of around 1% they get paid by lender but diff from lender to lender.

with regards to them selling , not a great situation for you to be in but the landlord has right to sell there property if they wish , but i would check your AST with regards to this and if they have a 6 month break clause or any other clause with regards to the sale



Alex


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## alexharvey (May 16, 2013)

update AST assured shorthold tennancy ie contract


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## mattsbmw (Jul 20, 2008)

alexharvey said:


> with regards to them selling , not a great situation for you to be in but the landlord has right to sell there property if they wish , but i would check your AST with regards to this and if they have a 6 month break clause or any other clause with regards to the sale


Normal shorthold tenancy is 6 months, with 2 months on either side to give notice which it sounds like they have done.


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## alexharvey (May 16, 2013)

yeah thats right normal could be 6 months or a year , i used to grant yearly ones and yes break or selling or landlord wanting back is normally 2 months worth checking tho!


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## Tank. (Dec 26, 2011)

we are at the end of our initial 6 month lease with a rolling month after that, but we require 2 months notice from landlords if there's a change in circumstances, we're still awaiting official notification but it cant be far away.

guess housing association is the way, although without sounding snobbish dont exactly want to be situated in a bad area, with buying or private renting you have that choice of where you go

another sore point will be potentially losing the driveway and garage, but i suppose keeping a roof over our heads is of paramount importance


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## Kerr (Mar 27, 2012)

Tank. said:


> we are at the end of our initial 6 month lease with a rolling month after that, but we require 2 months notice from landlords if there's a change in circumstances, we're still awaiting official notification but it cant be far away.
> 
> guess housing association is the way, although without sounding snobbish dont exactly want to be situated in a bad area, with buying or private renting you have that choice of where you go
> 
> another sore point will be potentially losing the driveway and garage, but i suppose keeping a roof over our heads is of paramount importance


There is still a lot of good council areas, but you'll know the area you live better.

You'll also find that there will be houses in private estates too. Often the deal with giving planning permission was some were for general sale, some had to be let and some were in the control of housing associations.

Best to speak to them as 8 weeks isn't long.


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## PaulN (Jan 17, 2008)

Tank. said:


> we are at the end of our initial 6 month lease with a rolling month after that, but we require 2 months notice from landlords if there's a change in circumstances, we're still awaiting official notification but it cant be far away.
> 
> guess housing association is the way, although without sounding snobbish dont exactly want to be situated in a bad area, with buying or private renting you have that choice of where you go
> 
> another sore point will be potentially losing the driveway and garage, but i suppose keeping a roof over our heads is of paramount importance


So basically the landlord has kept to the contract, so what you really need to do is look around for suitable rented places close by and speak to your bank about the chances of a mortgage.

Theres that help to buy thing http://www.helptobuy.org.uk/

worst case you might have to rent or buy futher away and drive your nipper to school or move to another school.


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## horico (Jul 17, 2010)

When was the contract signed in relation to you moving in? If it was the same day then iirc, the ability to evict is weakened as you are already in the property. All landlords should ensure their contracts are signed and dated at least a week before occupancy starts.

It's only a tactic for those less bounded by morals who want to stay longer though!

Are there any other temporary moves you could do while a long term solution is found?


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## Tank. (Dec 26, 2011)

think the temporary move is more a solution at the moment, giving up all idea of having a garage/driveway and may surrender all my detailing stuff to my dads garage.

another issue now is having the money for deposit on the next place, got to try and speak to the letting agent and get that back before we vacate here, the deposit will be irrelevant to the landlords just now as theyre about to recieve a lump sum for the sale of this place, plus any issues with the property, which there isnt, would be the problem of the new owners.


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## gavlar1200 (Nov 25, 2011)

We were in pretty much the same situation apart from the nipper. We were sick of paying someone else's mortgage so went for shared ownership, I have a bad credit rating but swmbo hasn't. We paid £62500 for a 50% share and put down 5% deposit. 
All solicitors fees and deposits and fees for every tom dick and harry came to just over 5k. Now we just need to sort the scumbag neighbours out and we'll be happy.


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## mattsbmw (Jul 20, 2008)

Tank. said:


> .
> 
> another issue now is having the money for deposit on the next place, got to try and speak to the letting agent and get that back before we vacate here, the deposit will be irrelevant to the landlords just now as theyre about to recieve a lump sum for the sale of this place, plus any issues with the property, which there isnt, would be the problem of the new owners.


You are highly unlikely to get the deposit back before vacating, as you say it is to put things right with the property and that cant be assessed until you have moved out.

The lump sum (or sales value) is irrelevant in this, if you had broken a sink when moving (hypothetically speaking) then the landlord would need the deposit to replace this for new owners.


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## NMH (Apr 25, 2012)

You could ask them to check the property on the day you leave and give your deposit back as cash. That's what I did a few years ago when I was renting. I then went and paid the deposit and got the keys to the new place.


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## mattsbmw (Jul 20, 2008)

NMH said:


> You could ask them to check the property on the day you leave and give your deposit back as cash. That's what I did a few years ago when I was renting. I then went and paid the deposit and got the keys to the new place.


things have changed now and deposits should be lodged with a deposit protection scheme so the landlord no longer holds the money it is with a third party and as such paying out cash is unlikely to happen.


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## Tank. (Dec 26, 2011)

yea deposit is with some protection scheme, needs to be 6 weeks out of the property with no issues from the landlord before its returned.

due backdated pay from a long awaited pay rise which looks like itll cover the deposit.

slowly coming to terms with it all, no longer stressed but pretty sad to be moving along against our will. living in a nice area and getting on well with neighbours. nevermind whats meant to be will be


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## Tank. (Dec 26, 2011)

Ok here's another question for anyone in the know, we've been served our notice and a date to vacate the property as the 8th October.
The rent is collected via direct debit on the 1st of every month.
If we were to find another property and move out of here prior to 1st of next month are we still obliged/required to pay that months rent? Are we likely to lose our deposit if we didnt


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## apj0524 (Jul 1, 2010)

I have used this forum for landlord and tenant questions, have been very helpful

http://www.landlordzone.co.uk/forums/forum.php?


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## mattsbmw (Jul 20, 2008)

Tank. said:


> Ok here's another question for anyone in the know, we've been served our notice and a date to vacate the property as the 8th October.
> The rent is collected via direct debit on the 1st of every month.
> If we were to find another property and move out of here prior to 1st of next month are we still obliged/required to pay that months rent? Are we likely to lose our deposit if we didnt


The simple answer is yes you are as the 8th of october is when your contract ends.

Think of it the other way round, the landlord says to you i need you out a month early, dont think you would be too impressed.

If you dont pay it yes they can take it from the deposit.


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## Kerr (Mar 27, 2012)

I would speak directly to your landlord and see if they can help. 

Maybe they will be happy if you moved out early, maybe they would understand the position they've put you in and offer a little assistance. 

At worst case scenario you could maybe offer to pay 1 weeks rent to cover from the 1st to the 7th. 

I wouldn't avoid paying a direct debit as it will affect your credit score. 

Any future landlord will also seek references and it could come back to bite.


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