Assured Short Hold Tenancy Breach & Avoiding CCJ

first_time_buyer_London

martinsurrey wrote: »

You can have a CCJ issued in your absence, and this will be placed on your credit file at the address you used to live, by the court, this will be linked to you and every address you subsequently live at.

If I was a land lord and someone did a runner and tried to hide, I would, at any expense, ruin the chance of you doing the same to anyone else.

By all means, don’t pay if you can’t, but face the financial consequences like an adult.

Thank you but I read somewhere that LL needs an address for you to serve the papers?

first_time_buyer_London

RAS wrote: »

Hi


Why have you not claimed Local Housing Allowance? That would at least enable you to pay part of your rent?

Are you in a similar mess with your Council Tax? If so get CTB claimed immediately and try and back-date it.

https://www.turn2us.org.uk

LHA rates have changed and are a joke. Council tax Ben- is another complication. Landlord claims council tax is included in rent and he pays it (I suspect he doesn't) I am told I can not claim it.

martinsurrey

first_time_buyer_London wrote: »

Thank you but I read somewhere that LL needs an address for you to serve the papers?

well you read wrong

http://www.aboutsmallclaims.co.uk/serving-court-papers-documents.html

"It can be difficult for parties to litigation to understand that, in legal terms, service is not the same as delivery or receipt. A claim form is deemed to have been served on a defendant even if it has been returned to the court marked undelivered – provided that it was sent to the last known or usual address of the defendant. "

so you dont give a forward address, he sends a letter to his own house (the rental house) addressed to you, and you have been served.

you can run away, but you cannot hide, you may think you can, but you will slip up, you will be caught, and the concequences are FAR worse than taking it head on like an adult.

RAS

Even if LHA rates are a joke, you need to claim it as it will pay part of your rent.

Pronto.

With respect to Council Tax, is this an HMO, or an annexe or a house/flat converted into studios/on bed flats?

Does the tenancy agreement list that he pays the CT?

terryw

first_time_buyer_London wrote: »

Thank you but I read somewhere that LL needs an address for you to serve the papers?

See posts 9 and 11 above.

G_M

first_time_buyer_London wrote: »

Thank you but I read somewhere that LL needs an address for you to serve the papers?

He has an address for you. You have a tenancy. That is legally your address. You can be served there.

If you have done a runner it doesn't end your tenancy or change your legal address.

Im not sure if this local estate agent has taken on the mortgage or the management or both.

It sounds as if the LL has simply started paying the agent to collect rent/manage the property. But even if the agency has bought the property ('taken on the mortgage') it does not affect your tenancy, or you obligation to pay rent. You simply have a new landlord.

Perhaps I should see the new LL and try and get a new contract drawn up with him which allows me to give 1 months notice so ....

why make things so complicated? The new LL would have no interest in issuing a new tenancy like this. Be upfront - tell the LL (whether 'new' or 'old') your circumstances, and ask for an 'Early Surrender' of the tenancy.
Many (most) LLs will agree to this if the tenant pays the associated costs (finding a new tenant etc) and pays rent till a new tenant is found. But it is dependant on mutual discussion/agreement.

Far easier and more honest to negotiate this, than a new tenancy with unusual terms, followed by your Notice.

GDB2222

It's even simpler than that. The Civil Procedure Rules specify that proceedings can be served at the last-known address. (Para 6.9 if you want to look it up.)

So, the LL serves proceedings at that address and wins his claim by default. You have an unsatisfied CCJ on your record. You can apply to set the default judgement aside, but what's the point, as you have no defence?

Kynthia

Stop signing new contracts!!! You could have moved onto a monthly rolling contract (sPT) if you hadn't then signed one up to the end of the year. Even if you do have a new LL you current contract is still valid.

A tracing agent would find you in a week or two for a small fee and they can issue you with a CCJ at your last known address. So deal with the issue instead of running away. If you ask for help we can give share with you our knowledge on what to do to resolve things.

first_time_buyer_London

Kynthia wrote: »

Stop signing new contracts!!! You could have moved onto a monthly rolling contract (sPT) if you hadn't then signed one up to the end of the year. Even if you do have a new LL you current contract is still valid.

A tracing agent would find you in a week or two for a small fee and they can issue you with a CCJ at your last known address. So deal with the issue instead of running away. If you ask for help we can give share with you our knowledge on what to do to resolve things.

Thank you very much indeed Kynthia (And everyone else)
It was very underhand how I was fitted up with this contract and I feel I was tricked into signing it but I needed to get an up to date tenancy agreement for POA. It was my own fault for not taking it away and reading it.

I think I need to see this Agent and explain it to him (even though he wont care) and ask him to do a new tenancy agreement with 1 months notice. (I don't want to be tied in for too long, damage limitation)

Providing he does it with the clause in it, take away, read sign, ask for his bank details, go and pay what I owe (when I have the money) keep receipt. Give notice and move to somewhere cheaper.....

RAS

first_time_buyer_London wrote: »

Thank you very much indeed Kynthia (And everyone else)
It was very underhand how I was fitted up with this contract and I feel I was tricked into signing it but I needed to get an up to date tenancy agreement for POA. It was my own fault for not taking it away and reading it.

I think I need to see this Agent and explain it to him (even though he wont care) and ask him to do a new tenancy agreement with 1 months notice. (I don't want to be tied in for too long, damage limitation)

Providing he does it with the clause in it, take away, read sign, ask for his bank details, go and pay what I owe (when I have the money) keep receipt. Give notice and move to somewhere cheaper.....

No NO NO.

We need to know exactly what was on the contract you recently signed.

Start date of tenancy?
End date of tenancy

Are you in Scotland, England or Wales?