Advice would be appreciated (LL issues)

Gwp1982

Hi, new to the forums but been a lurker for a few years now!!

Here is my situation, rented a property on 1yr fixed term tenancy agreement at beginning of January 2012.

Landlord still has all post coming here (lots of it and demand letters, I know what they look like!)

Couple of weeks back, bailiff letters received for unpaid council tax, I took these straight to him as I know where he works and told him politely to sort it out - nothing furtehr received as yet.

Suspicion getting the better of me, checked Land Registery and surprise surprise mortgage is registered as this address and also a secured loan against property. I suspect no permission has been granted from the mortgage company to allow rental use.

Come home today and another lettter regarding the Personal Finance company taking the so & so to court on 31st May to claim possession of te property.

Here are my Q's;

Do I call the court and Finance company to explain that I have a AST in place and will they honour it?

If not, will I get 2 months (Section 21) notice before being evicted, not sure if this applies if his mortgage comany get involved as possibilty of no permission granted to LL allowing rental?

Failing that, what other options do I have, if any?

As living in London I found decent properties hard to come by so think I better start looking, if I do find one quickly; do I have a right to tell the LL I have had enough of these stupid letters and I want out and my deposit back?

My time is valuable, fed up with having to deal with his incompetence as a LL!!


Appreciate any views you may have on this........

gaz141

is your deposit protected? Do you have proof of this?

azzabazza

How do you know the contents of the letters? I hope you are not opening mail addressed to the landlord!

gaz141

oh please, landlords who rent out their properties should not have mail coming to their tenants address. If the OP is sincere in what he says and was genuinely worried by the "brown" letter demand type letters appearing every day, then surely human nature would make anyone open the damned letters to see what was going on

Gwp1982

Gaz141, yes it is protected through the HomeLet scheme, have proof of this, I rented through an agent.

Azzabazza, the letter regarding the repossession was addressed to 'the occupier', I knew what is was before I opened it, but I am the occupier of the property......
The other letters, when envelope states 'this is not a circular' or 'final demand' showing through the looking glass I can put 2&2 together.

Gwp1982

Just to note, I have my own property rented out privately for 2 years in a different area, I know what I expect from my tenant and show/give him returned respect in ensuring that he can live there in peace. To date, Iv had no trouble whatsoever!

This is why it frustrates me when I dont get the same service back, it is a rather simple process if done correctly!

gaz141

gwp1982, do you have a break clause in your tenancy agreement? I have a 12 month agreement, but with a 4 month break clause and giving my landlord 2 months notice, i.e. I can quit after 6 months as long as I give them 2 months notice

tbs624

gwp1982 wrote: »

Gaz141, yes it is protected through the HomeLet scheme, have proof of this, I rented through an agent.

There are 3 approved schemes with which tenancy deposits may be registered and none of them are operated by Homelet - they are TDS, mydeposits and DPS. You should have been provided with the relevant scheme's prescribed information. Homelet offer tenant referencing servies and LL/T insurances

Send a copy of your tenancy agreement to the Lender, and attend any court hearing

Gwp1982

tbs624 wrote: »

There are 3 approved schemes with which tenancy deposits may be registered and none of them are operated by Homelet - they are TDS, mydeposits and DPS. You should have been provided with the relevant scheme's prescribed information. Homelet offer tenant referencing servies and LL/T insurances

Send a copy of your tenancy agreement to the Lender, and attend any court hearing

Deposit is held through TDS, just flicked through the agreement to refresh my mind! Homelet was for the references, insurance etc...

THe AST is fixed for year, everything is fine for us here in terms of the property, just the fact the LL not paying his way and me having to spend my time researching, writing and worrying about what might be in store for us!

Yes had thought about attending the court hearing, probably best to get information first hand.

Thanks,

Gwp1982

gaz141 wrote: »

gwp1982, do you have a break clause in your tenancy agreement? I have a 12 month agreement, but with a 4 month break clause and giving my landlord 2 months notice, i.e. I can quit after 6 months as long as I give them 2 months notice

No not from what I can see, first timer renting the 'official way'.
AST just states 12 months, if tenancy cancelled prior to end date then tenant liable for remainder of term etc...

Lessons learnt that is for sure.

Gwp1982

azzabazza wrote: »

How do you know the contents of the letters? I hope you are not opening mail addressed to the landlord!

Azzabazza sorry upon re-reading opening post I see my error, the bailiff 'letter' was simply a A4 peice of paper slid under my front door whilst I was out stating they had been to rclaimg goods to a certain value and would be back again, no envelopes opened, promise!