Help..house double rented

smileitconfusespeople_2

Hi ya I have just found out that our home that we rent, is all ready being rented,from a housing associoation by the people we rent from,We belived at the time we signed up it was a owned property,and that this was a private property rent.Post for them vitually stopped and in the post today in error I opended a letter which asked if they wanted to now buy the property or that they were to be reasessed to stay in the property,I now feel sick with worry..

Jowo_2

It seems you have been sublet a property by a social housing tenant who did not have consent by their social housing landlord to rent it out. Generally, when a social housing landlord finds out that their property has been sublet, the tenants are in breach of their contract because it's no longer their primary address, and they will usually seek possession of the property through the courts. They take the action against their tenants but the eviction notice applies to any occupants they have left there, too. You yourself will not be punished but the social housing landlord will want you to leave.

Did you pay a deposit? If the property is in England/Wales, did your 'landlord' put it in a tenancy deposit scheme? Do you have a contact address for your 'landlord', not just an email or mobile phone number?

Brb

Flaming hell!! sorry but I can't think of anything right now but wanted to post to show someone cares xxx

Same thing happened with a couple that rented a downstairs flat I was above. They had to leave and was quite quick (wasn't pushed out by housing assocation though, they were scared of the housing assocation T/their "LL"). I'd never met the person but by their description I was scared too and rang the housing association who came out that day (only after the couple had gone, I'd helped them and drove their stuff to one of their parents) and they terminated the "LL" tenancy and it then went to another couple legit. The young couple HAD known they were sub-letting though. I don't know how the housing assocation would have re-acted had the sub-tenants been scammed

Gosh I don't know what to suggest I really don't sorry xxx

Hopefully there will be someone along that can help, I really hope so!

Edit: Thankfully Jowo has some useful words for you.

Brb

Sorry for my absolutely naff post, talk about ditzy. I kind of went into a flap panicking for you lol

By what Jowo says you will have breathing room as they will still need a possession order (dunno why I didn't think of that!).

Maybe I need to go back to bed/more coffee!

Apologies again for my less than useful, as good as a chocolate teapot post!

tbs624

• Check online whether any tenancy deposit you paid is registered with a scheme - TDS, mydeposits, DPS (if property in Eng/Wales)
• If you have a rent payment due, withhold it
• Find a new property asap - see if the Council have a list of accredited private LLs
• Contact the HA
• Contact the police

In whose name are the utility bills/ who is registered for C Tax/on the electoral roll?

BitterAndTwisted

The HA don't know that you are illegally sub-letting yet but they probably will find out ere long. You need to make plans for your onward move asap and stop paying the rent if you haven't already. Be assured that it can take several months for the LL to gain a possession order but it's all down to how busy the courts are.

I think the first thing that will happen is that the LL will issue a Section 21 Notice, signifying their intent to apply for possession. You should attend the court and ask/beg for time to make alternative arrangements. Then, if you don't leave by the time the court has aarded possession the LL will have to go back to court and arrange for the court bailiffs to attend. You will then have to leave as the bailiffs are authorised to carry you and your possessions out if you are not willing.

ILW

I would speak to the HA, there is a possibilty that in your circumstances they may be able to offer you a tenancy.

Jowo_2

ILW wrote: »

I would speak to the HA, there is a possibilty that in your circumstances they may be able to offer you a tenancy.

I doubt this as even though the OP is an innocent victim, this kind of action would simply lead to people colluding to hand over tenancies to their friends and relatives if they thought it was a short-cut to them getting to the top of the local housing waiting lists.

I'm not completely ruling it out but social housing landlords will generally want the property back in order to let to someone in priority need and will be subject to legislation over how properties are allocated. A HA may very well accept a tenancy application from them, simply because virtually anyone can apply for social housing, but may not necessarily let them leapfrog up the waiting list,even though they've been tricked.

The OP can present themselves as homeless to the local council when the HA serves notice to leave the property. They can read up on the Shelter website about the local council's obligations, the process, who they prioritise for social housing, etc.

PasturesNew

Look around for somewhere else to move to at the end of your time.
Move out.
Grass up the LL.

theartfullodger

Chances are your landlord is committing fraud.. & £5 says he either isn't declaring his income to taxman and/or hasn't got all the correct landlord stuff in place
eg..
Gas Safety certificate...
Landlord Insurance...


Insurance matters a lot - if he doesn't have LL insurance and there is, say, a fire & you are 'orribly burnt I doubt his insurer will pay out..

Ask him for a copy of insurance & check the dates on gas safety cert.

This little crook is ripping you & the HA off...


Sorry it happened to you, think you have some time anyway... Maybe ask HA if they have any properties, what with you being inoccent 'n all??

BitterAndTwisted

What would I do? Sit tight, not tell the HA that you're sub-letting while you make plans for your onward move. Open all mail addressed to the LL to ensure you know what's going on. The HA will twig eventually but you might be long-gone by then.