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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 27242
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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Our landlord want to sell our house and has reported he

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Our landlord want to sell our house and has reported he wants to sell it empty so is giving us appropriate notice. He has not told us what this notice is, however we have 3 children with kidney disease and are currently self isolating. Due to the current situation, is he able to give us notice during Covid lockdown? We have no where else to go
JA: Where are you? It matters because laws vary by location.
Customer: Wales
JA: What steps have you taken so far?
Customer: Nothing
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No

Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years experience.

 

  1. I am sorry to read of the above. May I ask is the fixed term of your tenancy yet expired?
  2. If it hasn't do you know roughly when it is due to expire?
  3. Are you generally up to date with rent etc?
Customer: replied 5 days ago.
We don't have a tenancy agreement. We have been living here nearly 7 years and I believe he wants to sell due to relationship breakdown. We, by his own admission are good tenants and no issues with rent.
  1. thank you. So from what you say, nothing formal has ever been signed but you simply moved in and started paying rent?
  2. did you pay a deposit?
Customer: replied 5 days ago.
He printed out a form online 7 years ago for a 12 month tenancy, which we signed, however no renewal of this has been made. No deposit was paid. I knew the people living in the property before us, asked for the landlords details and contacted him direct as the house is in the area we wanted to live and there was nothing else around at the time.

thank you. Based upon what you say, regardless of what you may or may not have signed, you hold an assured shorthold tenancy for the property. it may well be that you signed an assured shorthold tenancy agreement seven years ago but whether you did or did not, that is what you hold by virtue of the fact that you live in the property as your residence, pay rent, and the landlord does not live with you.

 

Accordingly, the landlord would have to serve you with a s21 notice using form 6A to commence eviction proceedings. Following the passing of the coronavirus Bill yesterday, landlords are now required to provide three months notice to tenants they wish to evict. If the landlord serves a valid notice (note that the notice will not be valid unless it is served using form 6A (example below)) then you will have three months to leave in accordance withthe date of the notice. However, if you do not do so, nothing will happen as the landlord is then forced to issue proceedings in the County Court to obtain a possession order. As things stand, the County courts appear to have adjourned all possession claims until June and it may be that there will be a further adjournment depending upon how things play out. It is also likely that in any event, the courts will be dealing with huge backlogs and even if the landlord does serve a valid notice as discussed above, it would not surprise me in the least if it took 2 to 4 months for the application to be considered by the court but this is to some extent conjecture on my part. Under normal circumstances, possession claims will be considered within 4-6 weeks of application.

 

If the court finds that everything is in order and makes a possession order against you, you can seek leave from the court for up to 6 weeks in delay if you can demonstrate hardship-this is often easier if you can show that it will affect your children. Following the possession order, if you still refuse to leave, the landlord would have to seek a warrant to secure bailiffs to attend which under normal circumstances usually takes a further 2 to 4 weeks but in the current circumstances could be longer.

 

Accordingly, it is likely that under any circumstances you will have some not inconsiderable amount of time to plan for a move and should certainly have no immediate concerns. Under normal circumstances I generally advise that despite the above, it is worth starting to look for a new property so that you are not leaving this until the last minute and potentially forced to accept the property that does not fit your needs but under the current circumstances, that is clearly not practical and I think for now there is little you can or should need to do beyond perhaps some casual browsing of letting advertisements online if you wished to get a feel for the market

 

Does the above answer all your questions? If it does, I should be very grateful if you would kindly take a moment to rate my service by selecting the 5 stars at the top of the screen before you leave JA today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

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Customer: replied 5 days ago.
Thank you so much. You have given us much reassurance.