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Ask Ash Your Own Question
Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi We need some advice , myself , my partner , six year

Resolved Question:

Hi
We need some advice , myself , my partner , six year son and two dogs . We live in a rented house . The landlady has given us an eviction notice of 8 weeks to the 5th sept. My partner is seeing a mortgage people today to get a mortgage . He has a 1 bed house with sitting tenant I it . We will be giving him notice and selling it . Do we have the legal right to ask our landlady for an extension to stay in our house till all the paperwork is done on buying a property?
Submitted: 3 years ago.
Category: Property Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** 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 as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

Which date is the rent due and what date did you get the notice please?

Customer: We got notice Saturday 5th July @ 06:10 in the evening
Alex Watts :

When do you pay the rent, what date is it due?

Customer: We pay rent on the first of the month
Alex Watts :

Ok - in that case the law states this

Alex Watts :

You are entitled to a minimum of 2 months notice which takes effect from the next billing period

Alex Watts :

So for example if you had been served notice on 25th June it would take effect from 1st July and you would have to be out by 1st September

Alex Watts :

However because notice was given on 5th July it does not take effect until 1st August.

Alex Watts :

Therefore you have to be out by 1st October.

Alex Watts :

I am assuming you are on an Assured Shorthold Tenancy and you do not have a live in Landlord

Alex Watts :

Can I clarify anything for you about this today please?

Customer: On the notice it says from the day the notice has been servced
Alex Watts :

When did you sign the tenancy and for how long?

Customer: Can we apply for an extension by court ? She became our private landlord on 4th January 2014, before that she went through a letting agency
Customer: As far as I can see the agreement only says short hold tenancy agreement.
Alex Watts :

OK - no you can't apply for an extension

Customer: So is the two months when she gave us the letter or from the next payment date on the 1st august ?
Alex Watts :

The next payment date

Alex Watts :

So you have to be out 1st October.

Alex Watts :

If you refuse to move she would have to issue proceedings etc

Alex Watts :

In reality you could drag the whole thing out beyond 1st October by 3 months or so

Alex Watts :

But if you can move by October that would be better

Customer: Even through it says on the letter it says from when this letter was given to.us
Alex Watts :

Yes

Alex Watts :

You should write and set out the position

Alex Watts :

That the notice takes effect from the next billing date and you are entitled to 2 months notice from then

Alex Watts :

Does that clarify?

Customer: Let me just get this right the 2 months doesn't start until the next payment on 1st August and not from when she gave us the letter on last Saturday ?
Alex Watts :

Correct

Customer: Fab . We are sorry worried that we would have to be out by 5th September . We have six year old son so she can't make us homeless
Alex Watts :

Indeed.

Alex Watts :

Can I help with anything else?

Customer: Can we get this in writing from a solicitor or a letter from us will do ? Can we quote any law sections ? As her other half is a property lawer
Alex Watts :

I would just write to her yourself.

Customer: And if she says no ?
Alex Watts :

It is Section 21 of the Housing Act 1988

Alex Watts :

She can't evict you - she needs a Court order

Customer: Which sub section states this ?
Customer: She is very much into law stating so I would like to put this section into a letter to her
Alex Watts :

Section 21 is the form of notice

Alex Watts :

21(1)(b)

Customer: That's she served us quoting 4 a , I think . Can I quote a sub section back to her about making a six year homeless
Alex Watts :

You can but its not relevant

Alex Watts :

The long and short is she needs to give you 2 months from the billing date

Alex Watts :

That is the law

Alex Watts :

If you do not move out she needs to issue proceedings to evict you

Alex Watts :

That can take around 3 months to deal with from October

Customer: We don't want a court in our records . So just a letter from us stating we need more time to buy a home will surfus ? So Bailiffs won't turf us out on the 5th sept .?
Alex Watts :

Yes that will be fine

Alex Watts :

No bailiffs will turn up

Alex Watts :

If you dont move she has to issue proceedings which takes a month

Alex Watts :

So dont worry

Alex Watts :

Can I clarify anything else?

Customer: We are so scared she won't expect this but the law is on our side .
Alex Watts :

It is on your side

Alex Watts :

If this answers your question might I invite you to rate my answer

Alex Watts :

If the system wont let you please do say

Alex Watts :

If you need more help please click reply

Customer: As long as we give her notice
Alex Watts :

Yes

Customer: Thank you so much . You have been a big help ;) . Have a good weekend
Alex Watts :

Thanks and you. Please remember to rate before you go

Customer: I will excellent
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