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Help Landlord issued Section 21 Notice

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Comments

  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    I thank all for there input.

    I have advised the LL in order for me to end the Fixed Term agreement I would require the following terms to be applied

    * Not to pay rent in the month of June
    * £1200 compensation for relocation and inconvience ( = 1 months rent )
    * Deposit to be returned in full

    I have advised LL if they accept the offer I would require this in writing, signed and dated.

    What do you think? LL has advised they will get back to me

    Once again thanks to all who provided input
    Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
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  • intranix
    intranix Posts: 247 Forumite
    I would make sure this money is transfered to you before you leave? The LL doesnt sound trustworthy to me, and money is the only thing that talks imo. Having it in writing isnt enough imo.
  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    intranix wrote: »
    I would make sure this money is transfered to you before you leave? The LL doesnt sound trustworthy to me, and money is the only thing that talks imo. Having it in writing isnt enough imo.
    Agreed....................
    Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
    Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
    6 credit accounts closed in 2010!

    Official SOS Club number 001 - Dry until 01.07.10
  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    Hi Guy.

    LL has just emailed me to inform me she is going bankrupt as the sale fell through! Where does that leave me? Do I have to speak with the lender? Will they evict me?

    I also believe that she does not have the funds to return the deposit.

    Any Advice.


    Thanks
    Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
    Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
    6 credit accounts closed in 2010!

    Official SOS Club number 001 - Dry until 01.07.10
  • Innocent_Guy
    Innocent_Guy Posts: 5,369 Forumite
    Rent. If your landlord has been made formally bankrupt (or if it's a company, has been wound up), then you will probably be paying your rent, in future, to the Official Receiver (the government body which deals initially with all formal insolvencies) or the Insolvency Practitioner in charge. Otherwise, you should continue to pay rent to your landlord. But make sure that you pay your rent either by a traceable method, such as by standing order, or that you obtain a receipt. Generally, you will be contacted by the Official Receiver/ Insolvency Practitioner, if there is to be any change to your arrangements for paying rent.
    Bank Accounts - Barlcays Premier[/B] - £1000 o/d, HSBC - £200 o/d- First Direct - £500
    Credit Cards - Barclaycard £2000 - Silver Card £1300 - Flybe £7500 - HSBC £1000 - First Direct £2500 First Direct Gold £3000
    6 credit accounts closed in 2010!

    Official SOS Club number 001 - Dry until 01.07.10
  • silvercar
    silvercar Posts: 49,489 Ambassador
    Part of the Furniture 10,000 Posts Academoney Grad Name Dropper
    Hi Guy.

    LL has just emailed me to inform me she is going bankrupt as the sale fell through! Where does that leave me? Do I have to speak with the lender? Will they evict me?

    I also believe that she does not have the funds to return the deposit.

    Any Advice.


    Thanks

    First of all, don't believe everything you hear. She may be going bankrupt, she may be thinking of it, she may be saving up to go bankrupt. SHe may be saying it in the hope you pack your bags and leave.

    If she goes bankrupt, it will be a few weeks before the official receiver examines her finances. Once examined, the most likely scenario is that the OR will appoint a receiver of rent, who will be your main contact. The OR will want to sell the property to release money for the creditors. You will get notice according to your contract in all probability.

    The other thing that could happen is that the lender repossesses. Although both repossession and bankruptcy are linked to your landlord's finances, they are very different events. Don't get confused between them, both can happen independantly of the other. If arrears on the mortgage amount to 3 months, the lender could start repossession proceedings. At that point what happens depends if the landlord had consent to let. With CTL you can remain until the end of the fixed term/ legal notice on a periodic. Without CTL the lender doesn't need to acknowledge your tenancy and you could be out sooner. A plea to the judge, should grant you 14 days from the court hearing, though this isn't guaranteed.

    If the landlord came on here asking for advice on bankruptcy, I would say don't consider it before you are back in your home, as going bankrupt means you will lose your assets and no official receiver is going to allow you to go and live in an asset that could be sold to repay creditors if it is not already your home. Landlord should hold off bankruptcy until they can legally get in their home and declare it to have been their home for the last 3-6 months before bankruptcy if they want to retain it.
    I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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