Not yet as we are classed as illegal tenants by the lender they will not communicate with us.
What kind of tenancy did the landlord give you (and assured short hold tenancy?) Although I accept that it may not be valid.
When was the property repossessed?
When did you take the tenancy agreement out?
on what basis are they saying it is illegal?
I need the full background detail please as to how you got into the tenancy and what has happened since. Thank you
It is a short hold tenancy taken out on 11/2/11
The hearing was last Tuesday
They are saying that the landlord did not have permission to rent the property under the terms of the mortgage and it is not binding on them as it was taken out before we moved in.
We took the tenancy through an agent and have been paying the rent to them.
If it is an assured short hold tenancy which has been running forso long, it has now become a periodic tenancy and even if it was an illegaltenancy, you can be given two months notice to quit.
I am of the opinion that you are bona fide tenant and you areentitled to rely on the tenancy agreement that you were given.
Notwithstanding, the lender will say what they are saying becausethey are not going to say "oh yes that's fine, stay there" when they want youout.
They can however give you notice to quit and you leave within twomonths in exactly the same way as the landlord would.
If you don't move out when you have being given the relevantnotice, there will end up with a series of court hearings and you will be outeventually but you will have a load of legal costs to pay meanwhile.
It is inevitable that you will be served notice and from then themaximum you can hope for is two months so you might want to start makingarrangements sooner rather than later.
I am assuming that the tenancy you took out in 2011 has never beenrenewed
I am sorry, I appreciate that this is not the answer you wantedbut there is no point in me misleading you. I have a duty to advise youtruthfully and honestly, even if the answer is unfavourable.
Does that answer the question? Can I assist further?
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Doesn't really answer my question what I asked waswhen does the tenancy become void So that I may get our deposit back to secure new accommodation. I got all that other information for free from shelter
Because you don't tell me what you have been told by any otherorganisation, I don't know what you know and it would be remiss of me to giveyou a one line answer.
Therefore I have given you all the background.
To answer your specific question
The tenancy is not void but it is voidable from outset, howeveryou are entitled in my opinion to rely on it as though it was not void and thatmeans that you have two months notice. I am not certain what you are trying toachieve because you will not achieve longer than that whether the tenancy isvoid, voidable, illegal or valid.
PS you did also make the comment that you would already tried "Contacting CAB no answer to calls Local council unable to advise me Shelter.org.uk unclear on this situation"
so I can only assume that you had no information at all wearers now you tell me that you got the information for free from an organisation who were (on your own admission )unclear
that would not fill me with confidence.