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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I am very fearful as I was given notice in April to leave a

Customer Question

I am very fearful as I was given notice in April to leave a rented property in July. However I asked for meeting in May to discuss the arrears which at that time. Prior to this I was very ill which means that things became very difficult. I am waiting for a large amount of money from my present employer which I still do not have, At the meeting in May I thought this money would be with me by now but I am stil chasing it. It is expected to be with me very soon. They now want me to leave by two weeks - I have three girls. any advice
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.

Alex Watts : Hello my name is Alex and I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : What type of tenancy agreement do you have, when did it start and how many weeks/months do you owe please?
JACUSTOMER-w5mbmsit- :

it is 12 months which was to be reviewed in June 2014

Alex Watts :

Thank you. They can not give you 2 weeks notice.

Alex Watts :

Under the Housing Act they must give you at least 2 weeks notice which takes effect from your rent due date.

Alex Watts :

For example if your rent is due on 1st of the month and they give you notice on 20th July, then it takes effect from 1st August and you have to be out by 1st October.

Alex Watts :

But if they give you notice on 3rd August, then it takes effect from 1st September and you have to be out by 1st November.

Alex Watts :

By law they MUST give you 2 months notice.

Alex Watts :

But if you are in arrears then sadly they can give you notice.

Alex Watts :

If the fixed term has ended then you are on a monthly tenancy.

Alex Watts :

If you signed a new tenancy in June 2014 then you are in a new fixed term

Alex Watts :

However if you do not move out either way they MUST get a Court order to have you evicted, this can take around 2-3 months.

Alex Watts :

But sadly if you are in arrears you may have to move out, but you are entitled to at least 2 months notice

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-w5mbmsit- :

They are aware that I am waiting for a large amount from the university which should be with me soon. This has contributed to the arrears. They said that the contracted would be renewedin May when I saw them and they did not send through a new one.

Alex Watts : Ok. They still by law need to give you 2 months notice, but if you are in arrears they can terminate the tenancy
Alex Watts : Can I clarify anything else for you?
JACUSTOMER-w5mbmsit- :

what about if the arrears is paid up in full. would it be agreed in court? Or their outside of court?

Alex Watts : If arrears are paid up a possession order can be discharged.
Alex Watts : Does that help?
JACUSTOMER-w5mbmsit- :

Thank you that is useful

Alex Watts : Happy to help. If this does answer your question might I invite you for rate my answer.
Alex Watts : If the system won't let you please do say.
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Alex Watts :

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