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LondonlawyerJ, Solicitor
Category: Property Law
Satisfied Customers: 818
Experience:  Experienced solicitor
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We are a letting agency that arranged a tenancy that was granted

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We are a letting agency that arranged a tenancy that was granted for 12 months. One month into the tenancy the tenants received a Notice of Eviction from the County Court telling them to remove their belonging and vacate by this date.
The tenants managed to speak to the Solicitors handling the possession and negotiate an extension. In the meantime we have contacted the landlord on a number of occasions and he has failed over the last two months to provide any concrete reassurances that the matter has been resolved.
We have stayed in contact with the Solicitors and over the two months they have informed us nothing has changed and the tenant need to leave by the agreed date. We are now two weeks away from this date and I have updated the landlord the tenants will be moving out and have found another property.
He has replied saying they have not given relevant notice ?
My question would be, surely in these circumstances the tenants would not be required to give notice and secondly they are requesting a partial refund of fees they incurred on the move in as there twelve month tenancy has been cut short prematurely.
I look forward to your comments
Hello, I am a solicitor with 20 years experience. I will try to answer this for you.
This is a very odd situation. If there is a 12 month agreement how on earth is there a possession order to enforce? That should not be possible and if there is one it may well be invalid.
If a tenant receives an eviction notice they they do not need to serve any notice on he landlord just leave by the date set,.
This whole situation sounds very odd indeed.
Customer: replied 2 years ago.

It seems the landlord has not been paying the mortgage in full and has fallen behind. Does not an eviction order on behalf of the lender supersed any tenancy ?

Yes it will, I am afraid. But who is the order against?
In these circumstances the landlord has granted a tenancy to a property he doesn't own, and has no right to let. It is a fundamental breach of contract. He is not entitled to any notice at all.
Presumably the landlord knows the situation re the mortgage repossession proceedings and has misled you as his agents as well. The tenants probably are entitled to some compensation for this situation although if you have found suitable alternative accommodation this will be limited to costs of relocation and something for inconvenience. This claim - subject to anything in the contact to the contrary- should be aganst the landlord not the agents.
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