Eviction in 7 days

LannieDuck

sturman wrote: »

The LA did not show one person around. Dialogue was poor. However the point remains, I'm not going to allow myself to become homeless because of a mistake i made..and nobody would...dead time to a LL is normal and if he has none then he's lucky this time

You gave notice to quit. The LL has acted accordingly and prospective tenants have made arrangements to move in. Take your kids to a B&B for two weeks.

Mrs_pbradley936

I would have another concern and that would be my credit rating if the court or bailiffs are involved. You may not get as favourable an interest rate if you want to re-mortgage later.

DVardysShadow

Mrs_pbradley936 wrote: »

I would have another concern and that would be my credit rating if the court or bailiffs are involved. You may not get as favourable an interest rate if you want to re-mortgage later.

As I understand it, if there is a CCJ for money to be paid, this will not affect credit provided it is settled within 28 or 30 days. As for bailiff action for eviction, this should never show on a credit record.

Leew1231

The OP gave notice so should move out. Those who are advising he can stay and the LL can't do anything about it for a while are ridiculous. It is as good as endorsing stealing.

pinkshoes

Actually, this forum is mostly anti-landlords, so it's rare to see a thread like this!

You have 2 options:

1) You stay. Morally, it sucks. You should offer to pay rent until the LL finds new tenants once you leave, and all costs for finding tenants (which you will be liable for anyway). That way, at least the LL won't be out of pocket, but those poor tenants*...

2) Find storage and B&B for a few weeks.

*i've been in the shoes of those tenants before. 5 days before I had to move to a new city, some selfish tenants decided to do what you're doing. It was very stressful for me. Thankfully they did move out, and having met out LL later, I have a hunch he just threw their stuff out!


Edit: why not offer to pay for a B&B for the new tenants and storage? That would be fair.

rpc

sturman wrote: »

The LA did not show one person around. Dialogue was poor. However the point remains, I'm not going to allow myself to become homeless because of a mistake i made..and nobody would...dead time to a LL is normal and if he has none then he's lucky this time

So it is OK to make some other innocent family homeless - they have made no mistakes.

Have you ever heard of personal responsibility? Grown ups usually accept the consequences of their actions. Most other people would learn from this, move their stuff into storage and move themselves into a B&B or holiday let.

Yellowstar_2

sturman wrote: »

The LA did not show one person around. Dialogue was poor. However the point remains, I'm not going to allow myself to become homeless because of a mistake i made..and nobody would...dead time to a LL is normal and if he has none then he's lucky this time

Yes, dead time might be part of being a LL, and sensible LL's should take this into account when planning.

But I don't think that's the right thing for you to be focussed on. You gave notice to leave. That notice is binding. As I see it - legally and morally, you should leave when the notice you gave expires.

Otherwise - you'll be breaking the law (trespass, I think), be liable for costs, and the new tenants really WILL be homeless, and can't be expected to stay somewhere temporary in limbo while you finalise the details of your purchase. Whatever you do - you really need to make your plans crystal clear to the LL so that he can tell his incoming tenants the situation.

You say that you're not going to allow yourself to be homeless because of a mistake, and no-one would. I have to disagree with you there. When I was a child my parents were in a similar sort of situation -- the buyers on their house needed to move in sooner than our new house was available. So they did what most on this forum have suggested you do - get your belongings into storage and move somewhere temporary. Perhaps my parents were compensated for this, perhaps they didn't want to let the sale fall through so took the hit themselves. I don't know. What I do know is that I was about 7 years old at the time - which would make my brothers aged 3 and 9. My older brother and I even had to go to a new school as part of this process. It wasn't a hardship, and we all managed just fine.

Moving temporarily into a B&B/storage might cause you and your family some stress/hassle, but as others have said - it's the right (legally, morally) thing to do and your kids might actually enjoy it. And I'd wager that it would be a lot less stressful (and costly) for all of you than being thrown out of your home, onto the street, by bailiffs...

Yellowstar x

00ec25

jjlandlord wrote: »

Not too sure the LL knows what he is doing.
However if he does he can (and will) start court proceedings for eviction on the 11th September as OP will then be trespassing: OP served a notice to quit so the tenancy will end and the landlord need not serve any notice to OP.
He can then attempt to recover double the normal rent as 'distress for rent'

Yellowstar wrote: »

Yes, dead time might be part of being a LL, and sensible LL's should take this into account when planning.

But I don't think that's the right thing for you to be focussed on. You gave notice to leave. That notice is binding. As I see it - legally and morally, you should leave when the notice you gave expires.

Otherwise - you'll be breaking the law (trespass, I think), be liable for costs, and the new tenants really WILL be homeless,
Yellowstar x

LL can certainly take action for hold over rent but cannot take action for trespass - see guidance below

as for the OP - I hope the LL does take action against the OP for hold over rent and OP gets a sharp financial lesson. The OP moralising over the LL should expect a void period between lets because he is in business and so should expect to have periods when he does not make money is a clear demonstration of the complete lack of morals in the OP - you make the mistake, man up to it and do the decent thing for the incoming tenant or pay for their hotel costs

http://www.justice.gov.uk/downloads/legislation/bills-acts/circulars/squatting-circular.pdf

A person can only commit the offence if they have entered and remain in the residential building as a trespasser. This means the offence will not apply to a person who entered the building with permission of the property owner, such as a legitimate tenant. This is so even if a legitimate tenant subsequently falls behind with rent payments or decides to withhold rent. Such a person is not a trespasser for the purposes of this offence. A property owner would be expected to pursue established eviction processes in the county court


Subsection (2) makes clear that the offence cannot be committed by a person holding over after the end of a lease or license (even if the person leaves and re-enters the building). ‘Holding over’ is a term used to describe the situation where a tenancy or licence comes to an end, but the tenant or licensee remains in occupation. In certain circumstances, such a person may be alleged by the landlord to be a trespasser. This express provision is designed to ensure that the offence does not apply in these cases. The offence only captures those whose original entry and occupation of the building was unauthorised.

jjlandlord

00ec25 wrote: »

LL can certainly take action for hold over rent but cannot take action for trespass - see guidance below

I was not talking about criminal trespass or squatting.
The new law you mention does not change the existing situation re. tenant over-staying (and it does make clear that it doesn't, and so does the text you quoted).

If a tenant stays at the property after his tenancy has ended, he will be there without the owner's consent, and thus will be trespassing.

As such the landlord will be entitled to start eviction proceedings immediately after the expiry of the tenancy without any further notice to the (ex-)tenant.
In any case, as no tenancy will be in existence the Housing Act will not apply along with its provisions (s.8, s.21, etc.)

00ec25

jjlandlord wrote: »

As such the landlord will be entitled to start eviction proceedings immediately after the expiry of the tenancy without any further notice to the (ex-)tenant.
In any case, as no tenancy will be in existence the Housing Act will not apply along with its provisions (s.8, s.21, etc.)

OK - thanks for the contextual clarification