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4 weeks notice 30 weeks pregnant

8 replies

crazybutkind · 09/04/2020 18:32

Background...

We lived in my partners 1 bed house for 3 years with a child. Very tight squeeze little cottage.

His brother owns 2 houses he rents them out.

One was currently unoccupied so He suggested we house swap because he was single man with zero intentions of having a relationship or children and couldn't afford to run the house the was unoccupied having just come back from travelling.

So as it stands we live in his bedroom semi detached with our 2 year old and second one due in June.

He has had a row with my partner tonight (his brother) and given us 4 weeks notice. I'm 30 weeks pregnant.

How do I sleep tonight?

OP posts:
dementedpixie · 09/04/2020 19:16

Are you paying rent? He cant just turf you out anyway

dementedpixie · 09/04/2020 19:19

At least 3 months notice is needed for eviction at this time. Are they likely to start talking to each other again soon?

crazybutkind · 09/04/2020 19:48

My partner continues to pay his own mortgage on the one bed and his brother continues to pay mortgage on this house. This house (4 beds) is cheaper than my partners. As for talking again they probably will they fall out often

OP posts:
mencken · 10/04/2020 11:25

this is why renting from family is a really bad idea.

if England; you've probably got an assured shorthold tenancy anyway, they are really hard to avoid creating. So normal laws apply, two months notice and then no need to actually leave until the bailiffs. Total is six months min in normal times and will be best part of a year now.

suggest everyone concerned grows up.

PettsWoodParadise · 10/04/2020 14:35

If you have an AST then your landlord needs to give you two months notice under normal circumstances but these are not normal times. If there is no tenancy agreement then I don’t know what the normal situation is.

Either way you can’t be evicted for the next three months, this assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/876500/Consolidated_Landlord_and_Tenant_Guidance_COVID_and_the_PRS_v4.2.pdf states:

If you have already been issued with notice of your landlord’s intention to seek possession of the property, or if you are issued notice in the next 90 days, your landlord will not be able to take action through the courts to make you move. This suspension will initially apply for 90 days from the 27th March.
For landlords, this will mean not expecting tenants to move even where you have already issued notice of your intention to regain possession of the property, or if you go on to issue notice for any reason during the next three months.

So hopefully by the time the three months is up the argument will have blown over. This is a time families need to pull together and not apart.

Wishing you all the best for the rest of your pregnancy.

mencken · 10/04/2020 16:07

lack of tenancy agreement doesn't mean no tenancy; there are other ways to create one and as I said it is difficult to avoid doing. Plenty of advice on gov.uk and some of that links to Shelter's website.

as I also said, court action does not mean instant bailiffs. Takes months. OP need not be going anywhere.

thegcatsmother · 10/04/2020 17:34

Give him notice on the one bed then at the same time. if he's turfing you out, he can't expect to live in your house. He'll be stuck with the running costs of both his houses and the mortgages.

AnotherEmma · 10/04/2020 18:16

I'm assuming you don't have a written tenancy agreement? That would be ideal, but even without one, you still have legal rights. You're probably Assured Shorthold Tenants.

This is the latest info on eviction during the current CV19 outbreak:
england.shelter.org.uk/housing_advice/coronavirus#Eviction

And this would be the standard eviction process under normal circumstances:
england.shelter.org.uk/housing_advice/eviction/section_21_eviction

In short, he can't evict you any time soon. You're fine.

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