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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 4312
Experience:  English solicitor with over 12 years experience
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Hi. Our landlord decided to sell the house in october but

Resolved Question:

Hi. Our landlord decided to sell the house in october but told us we could stay until it was sold. My brother told us we could rent his house as his tenant was often late paying and disruptive to neighbours, he gave her 3 months notice, she should have been out on 1st feb and told him on 20th jan that she would be so we gave written notice on 21 january. Our property then received an offer on 26th jan. On 1st feb my brothers tenant said the property she was going into fell through and was applying for a council house. Our landlord said we could have an extra 2 weeks and gave us a letter on saturday saying that exchange was on friday and we would have to be out then. What do we do??
Submitted: 3 years ago.
Category: Law
Expert:  UKSolicitorJA replied 3 years ago.
Hello,

You do not need to vacate the house as asked by your landlord.

He can only legally evict you with a possession order from the court and even then you can only be physically moved out by court appointed bailiffs.

Until then, you may stay put and inform your landlord that you will not be able to move out in accordance with his deadline and point out that it would be illegal to evict you without a court order.

He will need to serve statutory notices on you and this can take another 3-4 months in the very least before he is legally able to evict you.

Hope this helps
Customer: replied 3 years ago.

Does this mean he will be able to keep our deposit

Expert:  UKSolicitorJA replied 3 years ago.
No, unless there is a lawful reason he can do so e.g. if you do not pay the rent.
Customer: replied 3 years ago.

What is she refuses? She has said that if we arent out all her legal fees will come out of it. Also should we just pay one weeks rent at a time

Expert:  UKSolicitorJA replied 3 years ago.

She cannot do so. It would be unlawful and you can sue her for your money.

You should simply keep paying her rent as before.

You are protected by the Protection from Eviction Act 1977 whether your landlord likes it or not. See here for further information: http://www.warwickdc.gov.uk/NR/EXERES/C1024434-8FE0-4D3F-9592-DA0A2151FCED.htm

The law applies to everyone. You may complain about this to your council or to the police if you want if the landlord keeps harassing you.

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