6 weeks to find a new House

[fulltimeworkingmotherof4]

I've lived in my house for almost 9 years, renting privately from a friend. Paid her rent every month and have no tenancy agreement. Her circumstances have changed and now she wants her house back, in 6 weeks! She's had her house up for sales since June and not mentioned she'd be wanting this house back. Waiting until it's sold to tell me. I've got 4 kids and Christmas to sort. I'm being advised to make her wait until after Xmas but she's adamant there's nothing she can do. Wwyd?

Even without a written tenancy agreement you still have a tenancy and she needs to serve you proper notice. Seek legal advice from CAB and contact the council homelessness team who will be able to advise you.

I'd get it in writing that she wants to evict you and the date that she wants you gone if you are thinking of applying to the council.

Yes you do definitely still have rights even without a written tenancy agreement. Legally she has to give 2 months notice anyhow but if you refused to leave after the notice she would have to go to court to get you evicted. Obviously I doubt either of you want to go down that route but I think she needs to play fair, 6 weeks is not a long time to organise a new place and get a move sorted out. Good luck.

I really don't want fall out with her, she's let me pay a reduced rate and we are good friends. I just feel in an impossible situation. We both work and have decent incomes, but I don't want to settle for any house, I hate moving and it's not something I want to be doing every 6 months. Would the council help with us both working?

The council will say to stay put until she has a court order. They shouldn't be I work with vulnerable client groups and know that is what they say. Could you speak to her to see if there is any flexibility? It is do able to move in that time, it just might limit your options.

I would ask for deposit to be released early so that you have deposit for a new place x

Yes she's been a good friend. You've been a good tenent. I'd ,personally, bite the bullet and prepare myself for a fallout. Explain to her you are looking but you needed more than 6 weeks notice.

She hasn't been a good friend to put the house up for sale without giving the OP a heads up that she'd have to leave.

She has absolutely no legal standing to ask you to leave within 6 weeks. Even without a formal tenancy (if you have proof you've been paying her it'll be an assumed one) she has to serve a section 21 on the day of the month you normally pay and give you two months notice. So if you pay her on the 30th November, the earliest she can expect you to leave is the 30th Jan. After that she can take you to court which would take a few more months although that's a road you probably don't want to go down.

I'd tell her this. You don't have to play ball. She hasn't done you any favours.

Also if she's got a buyer, how has she conducted viewings with you not being aware? Has she let people in while you were out without your knowledge?

OP have a look at this:

www.landlordlawblog.co.uk/2013/06/05/what-happens-if-you-dont-have-a-tenancy-agreement/

www.citizensadvice.org.uk/housing/renting-a-home/tenancy-agreements/#h-implied-terms-of-tenancy-agreements

It's not the house I'm living in that's sold, it's the one she's living in with STBEH. The buyers for that house are cash buyers and want to be in by Xmas. I hate confrontation and everyone is telling me to tell her no chance. My boss has even offered to send her a solicitor letter: I've no issue leaving the house I just need more time.

Technically, even without a tenancy agreement she needs to serve you with either a section 8 notice or a section 21 and you could stay put. However if you want to preserve your friendship then just get packing.

When we were moving rented to rented letting agents wouldn't speak to us unless we wanted to move within a month, so 6 weeks is plenty of time.

All you can't do I see talk to her and see I feel you can work something out between you so that neither of you are left in a terrible situation if she has to be out of her home before you've found a new house. If she's let you pay reduced rent for 9 years, it would be a bit shitty to start sending her solicitors letters and make her go through an eviction process. If you start looking now, you might surprise yourself and find something relatively easily, or she might be able to stay elsewhere for a couple of weeks over Christmas to give you the full two months notice. I wouldn't tell her 'no chance' at all, she's probably not doing this because she wants to if she's having to move out of her marital home during a divorce, so it would be much nicer if you could work together to find a solution.

Legally she has to give you 2 months in writing from the next rent date. And in the correct legal manner, a section 21.

There’s nothing she can do? She’s breaking the law if she try’s to force you out any sooner. I understand you don’t want to rock the boat, but you need to think about you and your family.

I've moved house with shorter notice a couple of times so it is doable. Suggest start looking on right move or equivalent, letting agents, council housing websites often have private land Lord property advertised. Secondly, start sorting out the contents of your house, so stuff to keep, stuff to recycle, stuff to Charity, stuff for rubbish. Box up and label stuff that you won't need to use. Once you have new address, set up post redirection. Get free boxes from Gumtree, Free cycle, local shops.

But as a PP suggested a compromise is to sit down and make sure she’s aware of her legal obligations and the fact you may not be able to find somewhere in 6 weeks!

Start looking and hopefully you can find somewhere so neither of you will be inconvenienced, but she needs to realise that it’s not a certainty that this will happen.

Legally she needs to give you 2 months but considering you say she is a good friend and has let to you at a reduced rate I'd try my best to get a move on and be out of the house asap.

Even if you had a tenancy agreement, the standard notice is 2 months, so not much different. You should have got a proper contract. If I were you, I’d get packing unless you want to make her go to court. It’s her house so ultimately she will re-gain possession.

Like I said I don't want to fall out with her, I understand she wants her house back. I'm a bit miffed she didn't tell me this was her plan back in the summer when she put her house on the market. It's just a big shock especially just before Xmas with presents and kids to sort!

Start looking,tell her that you are actively looking but can't guarantee finding somewhere.If she was planning to move to this house why didn't she give you notice in June?
Good luck but it's going to be tricky coming this close to Christmas.

@seventhgonickname this exactly what I've told her but she said was non negotiable

Do your best to find somewhere, but talk to friend and try to make expectations reasonable. Perhaps she can help with the search?

What's the situation with council housing in your area? With 4 kids I imagine if you were officially 'homeless' there'd be a possibility you'd get a Council House with secure, low rent for life within a couple of weeks if you had a family member or somewhere you could temporarily stay at? Might be worth talking to your local council housing officer about options - tell them your landlord has served notice.

Maelstrop by paying rent the OP does have a tenancy agreement. It's not written down but is legally binding. By taking rent the OPs friend has all the responsibility of a landlord.

But all this is moot as the OP doesn't want to follow the law as it might impact their relationship. Personally I couldn't remain friends with someone who did this but the OP seems to want to.

@fulltimeworkingmotherof4 she can say that all she likes but she needs to serve you notice contract or not so yes, it is negotiable.

She only needs to give two months notice so only 2 weeks short
She has let you pay reduced rent and you say she is a friend so unless you want it to go to court which would end the friendship I'd be packing and looking for a property.