Had eviction letter - Please help!!

theartfullodger

Contact Shelter
0808 800 4444
http://england.shelter.org.uk/

- you probably need to be patient, they are a charity & there is too much demand for their help right now...
or as suggested try CaB.

WRITE (keep copy) to lender and state you are a legal tenant, have a tenancy agreement, are ready, able & willing to pay the agreed rent to them direct, that you are keeping any outstanding rent for them in a separate account & inviting them to contact you.

Also contact local council housing dept. so they know of your position and tell them that you are "IMMINENTLY HOMELESS" - and show them copy of the letter from Lender.

Hope it works out.

What a little ***t of a Landlord: You have my sympathy...

Cheers!

Lodger

franklee

You think the deposit maybe protected under a scheme. One side effect of these schemes it that it takes a bit of time to get the deposit back. As I said before do ring the scheme (or all three if you don't know which one) and ask them if it's protected. I'd also ask the scheme it's in the timescales for getting it back in your circumstances. I doubt you would get it back before you move.

Normally the advice is to pay rent but if the repossession is to go ahead and you can't afford to move then I'd be pragmatic and withhold rent to get the deposit amount to move. But this isn't the right way to go about it. The problem you have is the "landlord" saying it's all sorted. You can't trust him, yet if there is no repossession you are bound by the tenancy agreement and will owe rent till Feb.

I'm afraid if the landlord didn't have consent to let the tenancy isn't binding on the landlord's lender yet is binding on you and the problem is you don't know when it stops being binding on you. This is especially hard if the sender of the eviction letter won't speak to you. This is a nasty loophole in the law that you have fallen into and it isn't easy to deal with hence the suggestion you get proper advice!

Good luck, if you have time I hope you come back a let us know how it is going so as the help others who face this. I know princeofpounds went through similar as linked to above. Was this one
http://forums.moneysavingexpert.com/showpost.html?p=23676205&postcount=37

lindseydaniel

Hi,

Just an update as to what is going on.

I found out the mortgage of the house is £3000-£4000 in arrears and apparently the landlord is trying to sort it out.

He won't be straight with me tho. He is telling me its sorted and I speak to the courts who tell me I am still getting evicted in 12 days and there has been no contact with the landlord. He has told me about 3 times over the last few weeks that it is already sorted but still its not.

I need somewhere to live. If I walk from the tenancy contract now (4 months early) do I lose my deposit??

Thanks

Daniel

homehunter

lindseydaniel wrote: »

Hi,

Just an update as to what is going on.

I found out the mortgage of the house is £3000-£4000 in arrears and apparently the landlord is trying to sort it out.

He won't be straight with me tho. He is telling me its sorted and I speak to the courts who tell me I am still getting evicted in 12 days and there has been no contact with the landlord. He has told me about 3 times over the last few weeks that it is already sorted but still its not.

I need somewhere to live. If I walk from the tenancy contract now (4 months early) do I lose my deposit??

Thanks

Daniel

Every bone in my body would say cancel the rent payments and walk BUT first get legal advice, at least go to the Citizen's advice if you haven't already. We went through the same thing and we knew we were going to be out, but we went to the CAB just to find out our legal standing because we were getting naff-all info from the LL (never spoke to her ever) or the lettings agent (didn't have a clue it was going on and also tried to tell us it would 'all be fine'). It wasn't. Tell the LL you intend to leave, that you are seeking advice and will be looking for somewhere else to live. he's just telling you it's sorted becasue he wants you to keep paying rent!

lindseydaniel

I ain't paying anymore rent. I just need my £900 deposit back. I'm fed up with his lies. He is ignoring me now and won't reply to any of my texts or calls.

Fire_Fox

Stop calling or texting the landlord, deal with this in writing by recorded delivery as you will need a paper trail if you go to the small claims court to get your deposit back. You should write and ask for the name and address of your landlord, as is your right under the Landlord-Tenant Act 1985.

If the name on your tenancy agreement doesn't match the name of the person with a mortgage on the property is your tenancy agreement even legal? Might be if the guy you thought was landlord is acting as an agent for his brother-in-law. If so the brother-in-law will be responsible for returning your deposit even tho you may never have met him.

Trollfever

I found out the mortgage of the house is £3000-£4000 in arrears and apparently the landlord is trying to sort it out.

Is this your landlord?

The Daily Mail has learned the couple are up to £350,000 in arrears on their monthly mortgage payments with one lender.

Mortgage Express, owned by Bradford & Bingley, has sent a final warning letter to the couple, who are believed to have 177 of their properties mortgaged with the bank.

Read more: http://www.dailymail.co.uk/news/article-1227624/Mortgage-arrears-couple-rode-buy-let-boom-estimated-350-000.html#ixzz0WsJq3pNR

MissMoneypenny

lindseydaniel wrote: »

Hi,

Just an update as to what is going on.

I found out the mortgage of the house is £3000-£4000 in arrears and apparently the landlord is trying to sort it out.

He won't be straight with me tho. He is telling me its sorted and I speak to the courts who tell me I am still getting evicted in 12 days and there has been no contact with the landlord. He has told me about 3 times over the last few weeks that it is already sorted but still its not.

I need somewhere to live. If I walk from the tenancy contract now (4 months early) do I lose my deposit??

Thanks

Daniel

You really need to speak to Shelter urgently. Are you in England? If so, here is Shelters contact details.
http://england.shelter.org.uk/about_us/contact_us

Could you also go to your MP about this? As Franklee says, this is a nasty loophole in the law.

I would normally suggest you look on your House Contents insurance to see if you have added the optional Legal Cover to your policy, as this may give you access to a specialist solicitor in housing law. Unfortunately, that all takes time and it doesn't look like you have this.

MissMoneypenny

I just noticed this on a link franklee put on another thread.

"If you are in a property and encounter problems with your landlord such as debt collection agencies telephoning or knocking at your door, the first port of call should be Citizens Advice, according to Alice Lythgoe-Goldstein at consumer rights group Which?
"They will point you in the right direction according to the exact nature of your problem," she says."
http://www.guardian.co.uk/money/2009/oct/25/tenants-landlords-references-renting-mortgages

lindseydaniel

Just an update as to what has happened. We had no confirmation that we would not be evicted yesterday so we moved into a new place on Tuesday. It was all very rushed and has eaten away all my savings.

Does anyone know how long landlord has to give me my deposit back? He said he is going to pay in installments over the next 3 weeks. The thing is he said he would transfer £250 2 days ago but he hasn't and says he will try and do it tomorrow.

Any info much appreciated.

Thanks

Daniel