My friends landlord has put the house up for rent but she hasnt been served notice to get out can they do this

Question

her landlords agency have been ringing my friend telling her she should be looking for somewhere else to live,the only letter she has recieved is saying that court proceedings will take place on the 15th aug thats it?shes not been told shes got to leave(not been given any notice to leave)but now they have gone and put a to let sign on the house.please give us some advice as she is very scared as she has no where to go if they do kick her out and she has a daughter to provide for as well lease help.

Answer 1

Your friend needs to get hold of the Private Rentals Officer at the local council.  By law, she has to have a month's notice (or it could be two months under the new law) and court proceedings cannot take place until that is up.  Sounds like the estate agency is trying it on.

Please ring them first thing tomorrow morning as they can give you lots of support and advice.  Also make sure she puts her name down on the housing register.  The only reason that a court will automatically evict is that the lease has ended or she is more than two months behind with the rent - at the time of notice being served and on the court date.  Other reasons are at the Magistrate's discretion.

If your friend's tennancy started after April 2007, has she had documentation showing where the deposit is being held?  If she hasn't it could be that the agency has illegally held on to it rather than put it in a government approved scheme.  If this is the case, the landlord or agent cannot use the end of the lease to get the property back.  

I have had problems with my landlord refusing to do work on the property so it is left in a dangerous condition.  He is now facing an order to do the work and a court fine.  He tried to evict me for getting council involved and because of his not sorting out the deposit properly, I am in a very strong position.  Your friend could be in the same situation.  

Once again, please talk to them first thing tomorrow morning so they have time to help you sort the mess out.

Answer 2

go to a solicitor or c.a.b they should put your friend straight  

Answer 3

sounds like somebody isnt paying rent on time....

the answer to your question is yes they can do this.

the notice she is getting is the sign on her door...and the court order.

Answer 4

Have her read her lease and check local landlord/tenant laws.  It does not take a rocket scientist to know that if you owe rent that is more than 30 days late, you should look for another place to live.  It is more common to find a 3 or 5 day pay or quit notice on your door if you have not paid by the due date.

The problem is not everybody follows the rules, so if her landlord does do something wrong, it will be up to her to prove it in small claims court or hire an attorney to resolve it.

Answer 5

The letter stating the court proceedings is her notice, if she hasn't paid her rent then she has broken the term of contract and she can be evicted and by the looks of it is. The only thing she can do is go see her council housing department and they will find her temporary accomodation until she can ewither find somewhere else to rent or they give her a council place.