Hi we are being served notice/ being evicted from the cottage we have lived in for 9 years.
Lothian estates our land lord have us on a short assured tenancy and we think legally they only need to give 2 months notice.
However
part 2 of the short assured tenancy has the wrong post code and address
as dose the minute of the lease
so Does this help us in our fight to stay in the cottage in any way ?
any advice appreciated until i can get to the solicitor
thanks DTD
England or Scotland ?
I thought in Scotland a SAT was 3 months notice by landlord unless they or a member of their family needs the property to live in, in which case 6 weeks. But I could be wrong it is a while since I looked this up.
The typo on the letter/contract won't mean anything, all is addressed to you and the intent is clear. They have still served you notice.
P.S Sorry mate bad news - I hate to thing how much junk I would have accumulated in 9 years.
if a part of the contract doesn't have the right address on, the only possibility I can think of is the whole contract isn't valid, which isn't going to help your case.
Normally ASTs only have a 30 day notice period if the owner is selling the house or moving back in. Personally I'd accept you're going to have to go and get on with finding somewhere new. If you make life difficult for your landlord\agents, I'd not expect to see a lot of your deposit money back
hels thanks
its scotland housing act 1988
the farmer after 17 years has decided he wants the cottage for a farm worker
As he is a Kerr the family which is trustees to lothian estates (sir michael ancrum etc)i think im shafted royally
cheers for the advice
No worries my info is ancient as it turns out - a month notice it is. I should know this as both tenant and landlord just now. That would be a shock to the system !
yes we are keeping an open mind and been to see mortgage advisor and homlessmess officer .
in fairness to the estate they are offering me other property,one of which is a lovely cottage in the village of nisbet.
Tthey are all too far from my fire station as I have to respond to pager within 4 mins.
so i will also loose me job unless I get another home within 4 mins of the station.
its a bugger homeless by christmas with a 9 month old baby GREAT timing.
just unlucky as its only the second time in 24 years that the estate has evicted some luck i have !
No room for negotiation ? Can't the farm worker take one of the alternatives the estate offered you ? Presumably you've explained the 4 minute thing to them + given the new baby details also ?
yes we are keeping an open mind and been to see mortgage advisor and homlessmess officer .
in fairness to the estate they are offering me other property,one of which is a lovely cottage in the village of nisbet.
Tthey are all too far from my fire station as I have to respond to pager within 4 mins.
so i will also loose me job unless I get another home within 4 mins of the station.
its a bugger homeless by christmas with a 9 month old baby GREAT timing.
just unlucky as its only the second time in 24 years that the estate has evicted some luck i have !
yes been to see the factor and big apologys etc and its only 2nd time in 24 years etc
laid it on quite thick but they wont change there mind
its upsetting as weve been pro active in modernisation of the cottage and agreed to approx £100 worth of increases in rent for instilation of kitchen,heating etc
we also for example purchased a lot of goods for instance log burned , shower , floor tiles and others which the estate installed .
maybe some compensation or am i delusional !
lovely village though so hard to accept moving but this is a nice village
imho
I'd agree if everything else is right the error in a 9 year old lease won't mean anything, sorry.
Looks a nice place to live for sure.
Speak to Shelter. I know that they employ solicitors who will be able to pick apart errors in leases and improper service of notices etc, and may be able to drag things out for a few months.
Is it worth falling out with the landlord though? I would imagine that your good relations could be ruined if you try too hard to dispute getting turfed out, and I suspect your landlord could make your life difficult.
thanks very much for your advice
DTD
Dunno about Scottish law but it happened to a friend of mine, his tenancy agreement was never signed and so never valid, as I would say is yours if it has the wrong address on it. He was then legally a sitting tenant and notice could not be served, if I were you Id talk to citizens advice or contact a lawyer who specialises in property.
[i]Tthey are all too far from my fire station as I have to respond to pager within 4 mins.[/i]
4 minutes, you are having a laugh, right?
Based upon the weather (and even just the frost on my car this morning) that would mean no more than 400 yards away - and tbh in any urban area a mile would be too far (at most times of the day). Who decides whether the distance is 4 minutes?
Ah, done a google; that certainly reduces the numbers who can apply...
http://www.northyorksfire.gov.uk/careers/recruitment/retained_part_time_firefighter_recruitment/index.html
Surely they should stipulate your other place of work to be <4 miles away too? 😛
EDIT so they do.... 😳 I was meaning the full-timers obviously 😀
Speak to Citizen Advice Bureau.
A 2 month notice could be right.
To find another hoose try
Sorry, no advice as I'm south of the border. As a landlord though I'm happy that I have grounds for eviction when tenants are doing something to warrant it, but to evict a good sitting long term tenant with only a month's notice isn't something I'd contemplate, just not fair or nice, no matter how legal, and I can't see why good tenants shouldn't have more security. Even the two months in England seems too short to me, Hope you get sorted soon, and Nisbet does indeed look nice. Bet it's not so green as that pic though.
thanks all
i have been refered to local shelter advisor and just reading some of the minute there is a wee chink of light !
thanks all
thanks all
i have been refered to local shelter advisor and just reading some of the minute there is a wee chink of light !
thanks all
My advice would have been to speak to Shelter, but sounds like you're on the case. All the best!