I'm trying to leave my house but agency is making it difficult.. PLEASE ADVICE ME

digitaly

mrsw1983 wrote: »

digitaly wrote: »

Good luck digitaly:)

Cheers!!!! that's all I need....

digitaly

lynzpower wrote: »

Has all work under the 30 day notice now been completed?

No the one I have agreed! they started and never finished... lots of excuse lies and the old usual blaming game!!! that's where all started!!!

princeofpounds

Submit the request for your landlord's address in writing to the estate agent immediately, pointing out that failure to provide it within 21 days is an offence. Send recorded delivery to establish a timeline.

You must do this in writing and whilst still a tenant, otherwise they are not obliged to help you.

Your situation is quite complicated and whilst we can help with a lot of it I suspect you need face to face advice as you are struggling to explain your situation in a clear manner and so it would require repeated questioning to get the necessary information.

Once again, I will repeat that if you are being offered £3000 to terminate the tenancy that may not be such a bad option given the huge size of your potential liability.

digitaly

Once I have made the payment could I take him to court for the medical health damage? could I still be able to sue for anything?

princeofpounds

No, probably not, although I've heard only a little of your situation. Just get yourself into a healthier environment more quickly.

digitaly

Can I ask some more questions please :think:.
If I pay all the arrears and sublet all the spare room (despite that I would breach the contract) what could my landlord do?
As far as I read on shelter site, he would have to evict me by court. But then he would also terminate my contract?
I mean would I have to carry on paying the rent once evicted?

Also this is before my tenancy started.
What happen if section 21 get issued in the name of some tenants that no longer are in the property (but they were the only named in last original contract issued in 2005 and expired back 2007)

for at least 3 years agent did hold all our copies of passports so knew our identity and we where authorised? I think he should have issued section 21 on our name as he could not evict non residents?
correct?

My case is that we all (me and my ex flat mates) got a section 21 issued in august and none of the names on that section 21 were still resident in the property.

Also,
Would that void my new forced signed tenancy agreement (as I had no other choice other then sign a new tenancy agreement)?

and last,
What happen if the agency doesn't return the deposit to the evicted tenant as an excuse of retaining a partly unpaid rent (out of 5 people, 3 of us have paid in full our cut of rent 2 have not to protest).

And the that deposit would in that case roll on my new tenancy agreement?

How could check if the deposit has put on secured scheme without asking my landlord-agency?

I'm not expecting this particular question to be answered but why my agent doesn't want me to speak with the landlord? too much to hide?

Jowo_2

Digitaly - go and see Shelter, as you've been instructed. Book an appointment at their local drop in office. Your posts are long, disjointed and confusing and you stand a high risk of being given poor advice here because you can't be bothered to seek expert advice with all the facts at hand. You can't expect forum members to wade through 3 pages of your rambling posts to advise you. Keep it brief and provide relevant information.

"why my agent doesn't want me to speak with the landlord? too much to hide?"

Or because you don't make sense, you seemingly owe him thousands of pounds in rent and agents are paid by the landlord to liaise with tenants, he purposely employed agents so he didn't have to deal with the tenants directly...

digitaly

Jowo,
thank you man really you don't know how much this thread has helped me!!!
I'm sorry if my case has been so complicated and badly explained!!! I feel ashamed my self
I got in touch with shelter early this morning (I have been trying to ring for days) and thanks to all the informations provided on this post I have found out that the are many loop holes!

That's what so far I have discovered

1: section 21 should have been issued to the name of the living occupant .
2: the deposit has not been secured on any of the 3 gov scheme.
3: agent has to provide me with landlord address and contact by law.
4: agent cannot make me sign a contract without a date.
5: agent cannot walk into the property without my permission or prior arranged.
6: Broken gutters, leaking pipes, outside doors, are landlord prioty to get fixed.

This is so far what I can remember.
Tomorrow I'm going to see another lawyer who is going to lookup my case face to face.
I will let you know

digitaly

Hi! I went to see local solicitor today.
Based on the little information that I could given him in 20 min as he was in a rush, He read the contract and suggest me to leave the house and then wait for a court hearing. Also suggest me to not pay anything because once I have abandoned the house then they will have to find me first to sued me.
I think he just want to make some money in court.
My flat mate she is worried because she want to buy a house!!! so finding her it wont take that long.
All this doesn't make sense to me!!! I asked if If I agree and sign the AST surrender that the land lady offered me if then I could sued after suffering medical conditions.
I'm waiting for the mold specialist from the environmental office to come today. I also have an appointment with my GP to check me and advice me better!. if I can use both GP and Environmental office report, then I should be able even to ask for a compensation or so reckon this layer.
So far I took all your advices and the question is should I pay or should I go?
One lawyer told me just pay....the other one fight back do not pay.
Please don't flame me too much for this but I'm putting so much hopes here.

Jowo_2

The condition of the property and the condition of your health is irrelevant to your obligation to pay rent. You've been very vague about the extent of the rent arrears. How much rent is the landlord owed?

Your arrears and obligations don't go away just because you no longer in occupation. Any person who has a debt risks being tracked down - a landlord only has to pay a small fee to a tenant tracing company. That's not very difficult to understand, either.

It sounds like you've had an initial free consultation with the solicitor. If you don't want a rushed freebie, you will have to either pay them the going rate or see if you qualify for legal aid.

If you abandon the property (without letting the landlord know, not handing back the keys, etc), you are still legally bound to pay your arrears which includes the entire period after you've left until the landlord has recovered the property through the courts to regain possession, for example. Any tenant that leaves without going through a proper process forces the landlord to go through the legal route to recover the property and this will increase the cost to the tenant as it will include the court fees.

The following advice is aimed at landlords but gives an idea why it is more expensive for tenants who abscond.

http://www.landlordzone.co.uk/legal/abandonment.htm

The following link shows you the risks of doing this and why your options include negotiating a mutual early surrender with the landlord.

http://england.shelter.org.uk/get_advice/renting_and_leasehold/ending_a_tenancy_or_licence/ending_a_fixed_term_agreement#4


If you have a mutual surrender of the tenancy, you will only owe rent up to agreed date or when new tenants are found (depending on the conditions of it). Make sure you understand any terms before you sign and that you get this in writing (keep a copy).

If you wish to take the landlord to court for not protecting the deposit and because you believe they have damaged your health, this means it is simple for them to counter sue you since you will have provided them with an address in which they can serve their legal papers to them...