Plz Help before i go insane

julie8314dave

Can anyone advise me what to do please, we rented a house long term, he told us that it would be for about 10/15 years, so we felt quite secure in the knowledge, now i know that things and people's circumstances can change and in our case they have.

To cut a long story short our landlord has had given us two months notice that finishes on 21st July, we asked if he would allow an extra couple of weeks because were we were going was not ready yet, he said NO he wanted his house back straightaway as his venture did not work out.

We have a 7 year old son.
we have been advised to stay as we will not be helped housing wise if we move out on that day, we are in a catch 22.

We had a phone call from the agent to say that the LL DOES NOT WANT US TO PAY ANY RENT. and that he will be going to court to get an eviction, i am not happy about this at all as i do not want to stay in the house any longer than he wants us to.

Can he take the money out of the deposit he holds for us (via a secure deposit scheme) i am only asking for two weeks to stay on, will it get to court before that, and will it effect me private renting ever again.

Thanks in anticipation as this is really beginning to worry me.

clutton_2

sit down and write a letter to the letting agent asking them to confirm in writing that the landlord is refusing to allow you to pay any rent.. It sounds like he is trying to get you out by forcing you into arrears.. this is illegal....

As a LL of 11 years i can categorically assure you that you do NOT have to move out on 21st July and the LL will have to apply to the court for possession to get you out... This is nothing to worry about...

To help you further we need more info.. when did you move in, how long was the tenancy and have you been issued with a Section 21 Notice.....

If your deposit is in a Scheme, he cannot take money from your deposit without your agreement

In the meantime - can you get a signed tenancy agreement for your new place (you can sign ahead of moving in) so that you can show the letting agent that it really will only be 2 weeks and not longer....

julie8314dave

Thank you so much for your reply, we moved in on January 21st 2009 on a six months basis, then a year from then which takes us up to july 21st this year, we were served with a section 21 notice two months previous. we tried very hard to rent somewhere else but as soon as you saw property it went, we went to the council who said that they would only help us with a section 21 notice and then a court order, they have now found us a house but the tennant does not move out for a couple of weeks after 21st july..

BitterAndTwisted

Sit tight. Your landlord will be hard-pressed to get a court order in a fortnight. In fact it could take a couple of months to get a possession order. Do as Clutton advised and write your letter to the agents

clutton_2

time frame... LL cannot apply to the court for possession until the end of the 2 months notice.. then he completes paperwork, pays his fee, waits for the court to assess his paperwork, and allocate a court hearing date (all that could take 2-3 weeks) then the court hearing could be 2-3-4- weeks away as courts are very busy places... then you get to court......

so... try not to worry.... the LL cannot get you out without a court order..... Even then you do not have to leave, the LL would have to go back to the court and buy a Bailiffs warrant and wait maybe another month before the Bailiff could fit him into their busy diary

julie8314dave

Thank you all that have replied i can sleep better tonight, but what happens about the rent money, will i have to pay it at the end, do i pay it at all, these are the things not sure about.

staks

I'm also new to private renting, its stories like this that give me the willies. I'm about to sign an agreement and I'll probably have the shakes doing it.

I hope it works out for you, must be a frightening experience.

clutton_2

have you confirmed that your deposit is lodged with one of the Deposit Schemes ?

i would cancel the s/o just before 21st July and then pay the LL the extra rent when you actually move out... but.... legally he is entitled to charge you rent until the 21st of August .....

julie8314dave

Thanks, but we have been told via the agent that the landlord does not want us to pay the rent, we pay monthly in advance so one months rent would be due on the day we move out,

so now what happens, will we have to pay daily, can he take it out of deposit held etc etc for the overlapping days that we need.

We have now written asking the LL to confirm that this is what he wants to do.

Paul_the_Painter

Rent is bit like car tax - even if you only need it for 1 day, you pay the full month - this assumes a lot of things (including monthly payments, english law, an AST etc)

If you stay for the 2 weeks, you will owe the month.

The LL may not know this however!

I would explain the situation (in writing) to the LL/Agent giving your moving out date, cancel the Standing Order/Direct Debit, and drop them in a cheque for the 2 weeks rent (this is monthly rent X 12 / 365.25 X 14)

They or the LL may come back with a demand for the rest of the months rent, or take it out of the deposit(after going to the tribunal), but you want to keep your outgoings to the minimum.

You will not be thrown out on the street!

If the landlord is recieving competant advice, they should be saying to him "What?!?! they only want another 2 weeks?!?! and they have another property sorted out?!?!!? relax man, things could be a LOT worse! If they decide to stay for as long as possible, you won't be seeing your house or any rent for 6 months!!!! - Give them the 2 weeks - if you pee them off you could end up with a trashed house!?!?"

Jowo_2

Regarding the instruction not to pay rent - did the letting agent make this in writing or was it a verbal instruction?

I think your landlord doesn't want you to pay rent so he can use it against you for the court case and because local councils will not assist those who have made themselves 'intentionally homeless'. Within this category, the local council will not help those with rent arrears as they regard their eviction as being due to their own behaviour.