Assured Short Hold Tenancy Breach & Avoiding CCJ

first_time_buyer_London

This is what I think my solution is: (which people may not agree with)

Go and see the new agent, introduce myself explain that I have lived there a long time (the longest) & I have been a good tenant and paid over £40.000 over the duration of my stay etc etc

Be honest with him, show him all the paper work, Existing contract (?) HB letters and explain that I am here to (try) and re negotiate the rent!

Tell him I can pay him everything they pay me! And show him the letter and my calculations and say I can pay £577.40

Ask him to draw up a new tenancy back dated replacing the old one for this amount.

It makes sense for him to go for it then at least he will be getting something!

Ill say I can give you that (or I could go to £600 at a push) or NOTHING!

Thoughts please ?

BitterAndTwisted

Pointing out that your rent is due calender monthly and that your HB/LHA will be paid fortnightly is not over-complicating things at all.

Go and see the agent and make your proposal if you wish. Be prepared for it to be declined and have to make up any shortfall out of your JSA. Expecting a new agreement for a lower rent to be back-dated is optimistic in the extreme. Plus, it will complicate and very possibly over-ride your original LHA claim

real1314

first_time_buyer_London wrote: »

I have been awarded: £2085.71 (I don't know how they have come to this figure)


This is what I think my solution is: (which people may not agree with)

Ill say I can give you that (or I could go to £600 at a push) or NOTHING!

If you get another job, and the boss promises you £700 a week, how would you feel if, after working your first 4 weeks before being paid, the boss then says;-

"you can have £500 a week or NOTHING"

Your attitude is disgusting. There are plenty of rogue landlords, but you are the cause of such people - you are a rogue tenant, asking for advice on how to deceive and to evade legal obligations.
What next; Mugging grannies? :cool:

martinsurrey

first_time_buyer_London wrote: »

Do not over complicate it please. As far As I know it is not calculated per rata/ year etc

In simple terms I get £142.70 every 2 weeks at the moment,

Letter says an extra £73.00 per week, £292 per month extra. = £577.40

If I get more than is all well and good and yes the rent is £672 per month.

I think I need to re negotiate with new agent ? get the rent dropped?

... Dont make it too simple either,

you get £73 extra per week = £146 + £142.7 (basic) = £288.7 every 2 weeks

times that by 26 = £7,506.2 per YEAR = £625.51 per month.

I think you need to pay what you agreed to.

bob2

first_time_buyer_London wrote: »

This is what I think my solution is: (which people may not agree with)

Thoughts please ?

Last year you mentioned having over £30,000 in savings ready to invest in property.

https://forums.moneysavingexpert.com/discussion/3301216

https://forums.moneysavingexpert.com/discussion/3498657

Has that all gone now?

first_time_buyer_London

How to change an entry in the Register of Judgments, Orders
and Fines

All records in the Register over six years old are destroyed. This applies to both paid and unpaid debt records. However, if you don't want to wait this long you might be able, under certain circumstances, to apply to have the entry in the Register either removed or changed.

You pay the debt within one month of the date of the CCJ

If you pay the debt in full within one month of the date of the CCJ, you can apply to have the entry in the Register removed. You'll need to get a certificate from the court to say you've paid off the debt. This costs £15 but the fee can be waived or reduced if you’re on a low income. When an entry is removed from the Register, all the credit reference agencies will be notified
and they will remove details of the CCJ from your record.

You pay the debt more than one month after the date of the CCJ
If you pay the debt in full more than one month after the date of the CCJ, you can apply to have the entry in the Register changed. You'll need to get a certificate from the court to say you've paid off the debt. This costs £15 but the fee can be waived or reduced if you’re on a low income. The entry will not be removed, but a note will be made against it to show that the debt has been paid (this is called satisfied).

When an entry in the Register is changed, all the credit reference agencies that held information about it are told. The credit reference agencies will change their own records. They will still keep details of the CCJ for six years from the date of the judgement, but their records will also show that the debt has been paid. This may make it easier for you to get credit.

Apart from struggling to pay £4032 odd (£672.00 x 6) There are at least 2 other ways out of this situation:

Option 1: Move out and check credit report daily and if a CCJ is made settle it (if I have the money) with in one month.

Option 2: Move out wait 6 years for it to be completely removed providing I don't need credit or mortgage in the next six years.

The letting agent has only taken on the management of the property not the mortgage and said he needs to ask the LL when I explained how much I can pay and discussed the possibility of a new tenancy.

Angry_Bear

If your LL gets a CCJ against you he will be able to enforce it by applying to the courts (for example, through bailiffs, arrestment of wages - I believe this would included benefits, bank account arrestment).

Just stopping paying and doing a runner doesn't isn't guaranteed (or moral). Speak to your LL and negotiate an early surrender of your tenancy. If he knows you can't pay he'll probably be happy to see you go without a fuss - easier than trying to get and enforce and eviction notice.

If he agrees an early surrender then your tenancy is ended and you have no liability to pay -> no CCJ.

dancingfairy

To be honest I think your options are:
1) find someone who will rent to you - possibly a room in a shared house? This may be tricky given you owe your current landlord rent and then try and negotiate a surrender with your current landlord. or
2) stay where you are and pay what you can afford, as and when you can afford it.
Either way you may end up with a CCJ - to be honest if you can't afford to pay at the moment you can't afford to pay. I'm not sure why you are so desperate to avoid a CCJ? O.K granted it's not the best thing in the entire world but you obviously didn't manage to save up when you had a job and you lost your job.
3) Obviously your best bet is to get a job so that should be your priority and hope that your landlord is decent and will give you a chance to get back on your feet and will take payment in installments when you can.

How much are you arrears? Why can't you use some of the benefit awarded to pay off the arrears? Have you claimed council tax benefit and any other benefits you may be entitled to?
df

jamie11

RAS wrote: »

If you want to leave on 1 December, you are not required to give any notice whatso ever, whatever the contract says.

If you want to leave after 1 December, you have to give one month's notice.

That is the law. Statute law trumps contract law. What they have written on the contract is garbage. No point in going back to them.

That one month notice RAS mentions must also include a complete 'tenancy period'. That is from the day after your agreement runs out to the following month on the same day, e.g. from the 10th to the 9th of the following month.

Which leads to the interesting situation that because you cannot serve notice on a periodic tenancy which has not yet started, you can only serve your notice before the end of the first month of the periodic tenancy.

There are some different rules for different tenancy periods.

first_time_buyer_London

Angry_Bear wrote: »

If your LL gets a CCJ against you he will be able to enforce it by applying to the courts (for example, through bailiffs, arrestment of wages - I believe this would included benefits, bank account arrestment).

Just stopping paying and doing a runner doesn't isn't guaranteed (or moral). Speak to your LL and negotiate an early surrender of your tenancy. If he knows you can't pay he'll probably be happy to see you go without a fuss - easier than trying to get and enforce and eviction notice.

If he agrees an early surrender then your tenancy is ended and you have no liability to pay -> no CCJ.

Taking money from your wages to pay your debt

If you're in debt, one or more of your creditors may have taken court action against you and got a county court judgment (CCJ) or other court order.

A court order means you have to pay back the money you owe either in instalments or in full by a certain date. If you don't keep to the terms of the court order, your creditor can take further action to try and get back the money you owe.

There are several ways they might try and do this. If you're working, your creditor might try to get a court order that takes money from your wages and pays it directly to them. This is called an attachment of earnings order.

This page tells you what happens if your creditor applies for an attachment of earnings order and if there's anything you can do to stop the order from being made or to change the terms of the order.

The types of debt you might have where your creditor applies for an attachment of earnings order include:

credit debts, such as credit cards, bank loans and hire purchase agreements
student loans
rent or mortgage arrears
income tax, VAT or TV licence arrears.
If you have council tax or child support debts, your creditors might also apply for an attachment of earnings order but the rules for these work slightly differently than the rules described on this page.

Your creditor can't apply for an attachment order if you're:

self-employed
unemployed
in the army, airforce or navy
in the merchant navy.
For more information about council tax and child support arrears, see Dealing with urgent debts.

For more information about CCJs and other court orders, see Creditor takes you to court for debt.

For more information about other types of action your creditors can take if you don't stick to the terms of a CCJ or other court orders, see Further help.

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