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Can you have a verbal fixed term tenancy? - HELP NEEDED!!!

Started by DaviniaB, February 16, 2014, 02:14:00 PM

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DaviniaB

We have been living in our house now for three years and had fully intended to stay on for at least another three years. We have had a great relationship with our landlord and he was even planning on a loft extension for us.  We were in talks with architects and builders and had joked with him that we would be here forever if he extended for us.

Three weeks before the end of the tenancy we received a letter from landlords wife saying he was very sick and they would not be extending tenancy and instead selling the house. We have not yet received a legally binding notice that I know will buy us a couple of extra months but I fear that that is not enough time for us to move.  There is NOTHING on the market at the moment that is suitable for us (I'm not being overly fussy either), we are continuing to pay the rent as they've requested but this means we cannot save enough money to pay the rent. A catch 22 situation.

If I could argue that we had verbally agreed to renew the fixed term contract and not that it was a periodic contract, it gives me 6 months to find somewhere to go to and save enough money.

Otherwise I fear myself, husband and three young children will be homeless, or at least in a B&B!

PLEASE HELP!!!

Riptide

I'd have to say, unfortunately your verbal agreement won't be worth the paper it's written on.  If you need more time and you've got to put your children first, just because you've been given notice for a specific date doesn't mean you have to leave on that date.  If you don't leave the LL would have to apply for a possession order which can take quite a bit of time and also if it did go to court to evict you the fact that you've got children would probably mean you'd have even longer in the property.  It's a shame going down this route if the LL's wife is ill though but you've got to put yourself as the priority.  Keep paying your rent throughout.  I'd advise a call to Shelter, they'd be able to give good advice.

Helena

Davinia
Fixed or periodic tenancy, your landlord must give you 2 months notice to leave.  He should return your deposit to you as well, which will help you to get another place. You say there is nothing suitable on the market at the moment, but housing stock for rental changes every week, if not day to day, so keep looking.  As Riptide says, it could take them quite a while to get you out (months), so consult Shelter, or even your local council may be able to help.

I don't quite understand why the landlord wants to sell because he's sick;  there may be more to that story than meets the eye, specially as it's his wife who has contacted you...!

Very best of luck with this; having to move when you're least expecting it is a bugger.   :(