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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience:  Over 5 years in practice
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Dear Solicitor, My Wife & I and 10

Resolved Question:

Dear Solicitor,
My Wife & I and 10 year old son have rented a 3 bedroom detatched house for 13 years, its a rolling contract .

In August the Landlord said he might sell in 12 months.

A few days ago he phoned & said he wanted to put it on the market at the beginning of March now.

We explained that my wife is on a degree course at Uni under severe pressure till 3 or 4.00 am each morning with Computer course assignments.for a degree course in computer programming.
We live in a village near Cardiff & we told the Landlord, Jamie needs to finish schooling in July in the village school.

We also have accumulated a LOT of belongings in 12 years so trimming down will be very, very time consuming( I don't have that time as am working & caring for Jamie & the house & Anna is flat out at Uni.

When the Landlord Phoned I explained all this & said to physically move before July would be impossible.

I said we didn't mind it being on the market from March but couldn't move till July, he said we could stay while it was being sold , which could drag on for many months even for transfer deeds to be done .

He has reneged twice now!! firstly on his possible 12 month notice in August & now giving notice for March 21 2014 & now not being able to stay till June/July while its on the market.

Do we have any rights to stay longer or not & what can we do please?

Also the house is very run down with many big faults so the rent is cheap just 525 per month.

We will struggle desperately to find anything less than 800 per month , since we qualify for housing benefit to top up to my low wages.

Housing benefit are very tough now & will say we only need 2 bedrooms, such properties are very very scarce, so very very hard to find !!

Please please advise us of our rights & what we can do please

We physically cannot move until july, withourt Anna failing her Uni course !! & Jamies school being totally damaged for the year.

Do we have any rights to stay until July or even longer ? having been here for 13 years ??

Thanks so so much for your kind help

God bless Dave, Anna & Jamie Roberts
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Is this is a periodic tenancy agreement now?

I presume that its a private let?

Also, has he served a S21 notice upon you?
Customer: replied 2 years ago.

Dear Jo,

Its a private let, the original tenancy ran out 10 years ago butb its been allowed to roll on since vthen.


Also the original Landlord who signed it Died & his son is the new Landlors since 4 or 5 years. Does that give us any advantage since the agreement has never been legally signed by him ?


Obviously if we have the right to stay even beyond July it would be very nice to know as finding a cheap place & moving in a few weeks after Annas exams in Late June/early July will be very very tough in itself !


Also we involved in Voluntary work, I go to Africa frequently helping orphans & fundraise for them here, hence a low income.


I was there for 4 months this year.


Is there any way your heart could be touched to donate your services please ?


One of the reasons we have accumulated so much stuff is we plan to move to Africa in 18 months & much of it is essential equiptment we will need to take with us.


Thanks so so much


God bless Dave, Anna & Jamie Roberts

Expert:  Jo C. replied 2 years ago.
Thanks for the information.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

This is a periodic tenancy agreement and the landlord can bring it to an end. He does have to serve a S21 notice upon you and he hasn't done it yet. That does need to be for 2 months which will add some time.

However, thereafter if you refuse to go then he can seek a possession order at Court. In fairness, that does take a further period of time. How long does depend on the court listings in the area but usually 4-8 weeks.

They would get an order that you vacate usually with 28 days notice. A judge can give up to 42 days but you cannot rely on that.

In fairness, all of this will be some time off if you take into account 2 months for the S21 notice, 1-2 months to apply to court and probably another month to leave before bailiffs remove you then that is 5-6 months away. However, there is a risk it won't take you until July.

The fact that another signed the agreement is non issue.

Similarly disrepair does not give you greater rights to stay I'm afraid. It may give you a claim in disrepair but not the right to stay longer.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.
Jo C., Barrister
Category: Law
Satisfied Customers: 69263
Experience: Over 5 years in practice
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

They gave an s21 yesterday to quit by march 21.


how long do you think can drag it out for from then please will July ( preferably the end ) be possible.


Also the problem of getting a reference then, but could say to them if they don't give a good reference after all the delays then we would not be able to move at all ! what do you think .


Thanks for your help , also was it possible to donate your service as we only do Charity work.I go to Africa for 4 months each year helping Orphans & fundraise for it here hence very meagre income


God bless Dave

Expert:  Jo C. replied 2 years ago.
If it was given yesterday then surely they have a much shorter period than march?
Customer: replied 2 years ago.

They gave till march 21 springtime ( that's when people start looking for houses ) also I have a disability, does that give me any extra rights please ?


Thanks for your help, much appreciated

Expert:  Jo C. replied 2 years ago.
No, it doesn't.

March is a good deadline. Its much more notice than he has to give you.

If you refuse to go then he will have to seek a possession order but it won't take until July I'm afraid.
Expert:  Jo C. replied 2 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’
Customer: replied 2 years ago.

would my having a disability make any difference, also can we appeal a court eviction order? if so how much could that delay things by please ?


thanks so much & God bless

Expert:  Jo C. replied 2 years ago.
I'm afraid you do not have better rights because you are disabled.

You can ask for up to 42 days but given the lengthy period of notice you've had I would not to be too optimistic I'm afraid.

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