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Staying in a rented house after notice has been given

(4 Posts)
lalalonglegs Mon 10-Jan-11 20:07:24

My friend has been in her rented home for less than a year, she is a model tenant, always pays her rent on time and is almost 8 months pregnant. The LL has informally told her and her partner that he wants them to leave at the end of March (her baby will be less than a month old) - she is expecting formal notice any day.

I am furious on her behalf - this is her 3rd move in less than two years as LLs keep deciding that they want to sell their houses or give them to their family or whatever - her LL "hasn't decided" what he wants to do but he is aware that she is about to have a baby.

Am I right in thinking that if she keeps paying the rent than evicting her and her family is going to be quite a lond-drawn out affair for the LL and she will get a few months' grace in which she can sort herself out (her and partner may well be in a position to buy later in the year).

Tillyscoutsmum Mon 10-Jan-11 20:16:34

If the tenant does not vacate after the 2 months notice period, then the Landlord would make an application for accelerate possession procedure. An APP doesn't normally require a court hearing so it could happen reasonably quickly. If the tenant can prove severe hardship, the eviction order may be delayed by 6 weeks. Realistically, I suppose your friend may get another couple of months at most.

I also don't know whether the procedure would show up on any credit checks in the future (despite there being no rent arrears involved) and obviously, that's something your friend may need to bear in mind for future rentals/mortgage applications sad

freshmint Tue 11-Jan-11 14:55:27

spot on tilly - assuming it is an assured shorthand tenancy and the notice is properly given to expire at or after the end of the rental term (and there are specific rules about how it has been worded which are often wrongly followed by lls which may buy her more time if the court spots that)

you say she has been in less than a year - how long did she rent for?

there will be no effect on credit rating. if money is owed ll can only use the accelerated procedure if he is willing to wave goodbye to it, so there will be no money judgment therefore nothing on the register. if he wants the money he will need to use the normal procedure which will take longer and if a money judgment is given then that WILL hit the register, but only if they don't comply with the order.

lalalonglegs Tue 11-Jan-11 15:59:10

Oh well, I'm hoping that she will be able to persuade him to extend their time there as LL really doesn't seem to have time-sensitive plans for dealing with the house and she really needs it.

Many thanks for advice.

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