Eviction due to court order against landlord

Jowo_2

Lkn wrote: »

Ok thanks, it does seem like we could have a problem if it is saved last minute.

Although I've just thought, the contract states that the landlord has permission from the lender. As they clearly have not (and we've been told this) then maybe that contract is not up to much in the first place?

I'm not sure that its grounds to invalidate your tenancy agreement with the landlord but an issue for him to resolve with the lender. Don't take my word for it though, check with Shelter.

franklee

See the problem if the flat is saved at the last minute. What written evidence do you have of the eviction due in a couple of weeks? Did you read that to the man st Shelter and ask if that's enough to let you off serving notice? If not I'd try again.

Has the court hearing already happened? I guess it has. Why didn't you attend?

You could try asking Tessa here: (link to her website under her profile on RHS).

http://landlordlaw.blogspot.com/search?q=

Dunno what it would cost, asking does no harm and then don't go ahead if too expensive. Otherwise you'd need to take a chance the LL would not have a case to come after you

PasturesNew

As I see it, you have two options:
- change the locks, just in case, and stay on as squatters if the LL loses it. You then get some squatters rights and they have to take you to court to get you out. Not ideal, but buys you more time.
- plan to move out, find somewhere new, then tell the LL he can bugg4h right off if he thinks he is getting any notice or a penny from you. Keep all the paperwork/evidence of what you've been through and he'd have to take you to court to get the extra from you ... and he can't afford that.

This is my opinion, not advice in good standing.

Good luck!

Lkn_2

31.2 The tenant may give the landlord at least 2 months written notice not to take effect until after end of the first four months of the tenancy and not to expire any earlier than the end of the first six months of the tenancy or thereafter, of his intention to leave the property/premises by serving written notice upon the landlord...

Such notice must also expire at the end of the relevant period, being the day before rent normally falls due...

Upon the expiry of this notice this agreement shall cease except that either the landlord or the tenant can pursue their legal remedies against the other for any breach of any pre-existing rights under the agreement aaprt from pre-existing right to a fixed term contract which is subject to this break clause.


One last question if I may, my notice will have to end on a day before rent so it will be 2 months worth, however, has the landlord breached my right to live here in peace by giving me this sort of hassle?

I'll obviously hand in the notice the day before rent and then try and find a way to get my money back unless they release me from the agreement (which I would think unlikely). The eviction, I have been told, will break the contract but I'll still have to try and claim a few weeks rent back.

We didn't know about the court hearing but shleter don't think they'll let us extend it. Landlord has said they'll send confirmation but they're being remarkably hard to get hold of to demand anything.

franklee

I'd tell LL he's cutting it too fine and that I want an answer with proof now or to be released? Two weeks isn't enought time to move as it is.

Also try asking on landlordzone, they have better legal bods there:

http://www.landlordzone.co.uk/forums/forumdisplay.php?f=3

franklee

Is your deposit in a scheme so it's safe?

Lkn_2

PasturesNew, I like your style but I'd get extra grief from the girlfriend if we squat. Second option is worth considering for the second months rent.

Yes the deposit is in a scheme with the letting agent.

franklee

Don't faff about claiming rent back, I'd just pay up to the known eviction day and not a penny more until you get proof what's happening.

Lkn_2

Shelter seemed to think I need to pay the month and then claim it back because I initially asked if I could just stop the rent. Maybe I'll try for a second opinion just in case.

Thanks all for the info, I'll have a look at the link for legal stuff tomorrow. Speak to some more people and try and get through to the landlord yet again. This really is a rubbish system, the government have definitely not pulled their finger out fast enough but that's a whole new discussion, bed calls before I try and think of a cunning plan yet again in the morning.

franklee

Did Shelter tell you how you claim rent back from a landlord who is broke due to having got a repossession

PS: Do come back and let us know how it goes, especially on this notice question. Good luck.