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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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We had to move out of our privately rented house due to major

Resolved Question:

We had to move out of our privately rented house due to major repairs being needed, the landlord said they couldn't do the work with us in there, plus we had no usable toilet due to a partial collapse of the bathroom floor under the toilet, so we found a bungalow with a short six month let to move into while the repairs were carried out.
I visited Citizens Advice to find out our rights while we moved out, they said to get it in writing from the landlord the repairs needed and the time it would take, they kept dragging their heels and finding feeble excuses for not giving the letter until I had to move out because I had to organise the temporary accommodation and had no working toilet at the family home.
They eventually wrote a letter there were no details of repairs or date to move back in, all it said was a short paragraph saying the tenancy was terminated, at no time was a termination discussed or in any way indicated, they think they can just end the tenancy just with the paragraph, I know it's not worth the paper it's written on and there are set legal procedures to end tenancy's by either landlords or tenants.
We look on the house as the 'Family home' my Mother has lived there 63 years, myself 55 years and as far as I can find out our family has lived in that house for over 160 years, which is over 100 years longer than the present landlord has owned the house, and it's a fair few years since any repairs were carried out on the property, which is probably why the major repairs are needed now, if the repairs were not needed we would most certainly still be in there now.
The landlord son and daughter-in-law are our next door neighbours at the property, when they moved in about 28 years ago they told a couple of our old neighbours that we were moving out and they were going to covert their house and ours into one house, so they have always wanted us out, now I suppose they think all they have to do is write a few meaningless words on a piece of paper and our house is theirs.
The advice I need is what can I do about this situation, I have looked at a few internet sites and been in contact with the local council housing section, who were already aware of the situation and had sent someone out in June who took photographs of the state the house was in and knew we had to move out while repairs were done, all the internet sites show them to be totally in the wrong, there are correct procedures to follow, they have followed none of them, I just need confirmation that they cannot just end a tenancy of such long standing with just a short line in a letter, and what can we do to make sure they don't try any more back-stabbing stunts again?
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts : Hello my name is ***** ***** I will help you with this.
Alex Watts : You are correct. The housing act states they must give you at least 2 months notice prior to the billing period.
Alex Watts : So the term notice required is at least 2 months.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Did I just pay £18 for something I already knew?

Alex Watts : Forgive me your question was: I just need confirmation that they cannot just end a tenancy of such long standing with just a short one line letter,
Alex Watts : I provided confirmation that they must give you a minimum of 2 months,
Alex Watts : To exland
Alex Watts : To expand
Customer:

what can I do next?

Alex Watts : If you pay the rent on 5th of the month then if notice is given before 4th then it takes effect from 5th.
Alex Watts : You can sue for breach of contract and claim loss and damage.
Alex Watts : You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
Alex Watts : If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
Alex Watts : The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
Alex Watts : If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Thank you, ***** ***** me a lot

Alex Watts : If this answers the question might I invite you to rate my answer before you go.
Alex Watts : If you need more help or the system won't allow you to rate please click reply.
Customer:

thank you, excellent

Alex Watts : thank you. There should be a button at the bottom of the screen to click
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