Eviction time?

shaysdad1

can anyone advise me how long it takes for eviction from private tenancy on ast 12 months please

landlord is claiming not to have recieved rent but we paid via cash thanks

fishpond

Do you have receipts for rents paid?

BitterAndTwisted

If your landlord chooses to start the process via a Section 8 Notice it will probably take about 4 or 5 months once you've factored in waiting for a court-date and then going back to have bailiffs appointed.

Why were you paying in cash?

Got any withdrawals from the bank on or around the rent-due date?

shaysdad1

no reiciept , had paid cash from day 1 , have on statements total rent for that month withdrawn over 2 days from cash point , he is threatening eviction , possibly as he wants his brother to move in we have heard he has recently lost house

[Deleted User]

shaysdad1 wrote: »

no reiciept , had paid cash from day 1 , have on statements total rent for that month withdrawn over 2 days from cash point , he is threatening eviction , possibly as he wants his brother to move in we have heard he has recently lost house

First thing to know is that you cannot legally be evicted without a court order, if he wants his brother to move in to his house that is being rented out then he is going to have to make a deal with the tenants. Maybe offer to be bought out?

If the story you're providing is accurate then it is most likely he wants you to be evicted right now and even if you haven't paid your rent, that would not happen. As BitterAndTwisted said, legitimate evictions take months so this may be your best angle. Explain to the landlord that you understand your legal rights and that you will not be leaving without a court order for possession, you could also call his bluff and say that you will withold future rent if he does not provide you a receipt for every previous rent payment (including this one he's claiming you didn't make) although obviously you can't just not pay rent, but if he thinks he can evict you maybe he doesn't know.

Out of curiosity, if you pay in cash do you hand it to him in person or post it through a letter box, or leave it at a secret location (eg: sellotaped under a park bench)? Could it be a genuine mistake on your part, or his part?

Werdnal

If this landlord is as ignorant of letting regulations as he sounds, I wonder what other corners he is cutting?

Paying rent in cash sounds like a tax dodge - he is supposed to declare rental income to HMRC.

Did you pay a deposit? Has he protected it in a scheme and given you the information from that scheme? If not, you can suggest the penalty for failing to protect is 1-3x the deposit value (this involves a lengthy and costly court case, but is another bargaining tool).

Have you any gas appliances? Annual gas safety cert? Failure here is a fine from H&S executive.

Do you know if he has a mortgage? Doubt he has consent to let from them (do you still get mail addressed to him at the property).

Don't be abusive of confrontational in your dealing with him. Remain calm and tell hi you know your rights and have proof of deductions from your account of the cash payments made to him. Tell him that unless he follows the correct notice and court application, then you do not legally have to go anywhere.

The proper legal route to eviction, as has already been explained, can take months. The quicker option for him would be as mentioned above, to point out which part of the above legislation has has failed to comply with, and suggest that for a nice generous settlement (covering your application for another property and ensuring an impecable reference to you new landlord), you will go quietly as soon as a suitable property becomes available.

If he does not want to listen, sit tight and await his next move. Anything less than a formal notice, plus the correct court route, is illegal eviction and carries heavy fines and even a prison sentence. If you feel he may enter the property (assuming you have a joint tenancy as do not simply rent just individual rooms) you are within your rights to change the locks, as long as you replace the originals when you leave.

shaysdad1

all gas appliances upto date , we even just got a new boiler fitted for him under the grant scheme , rent always in cash in hand , deposit was nil took a month upfront and 300 finders fee he called it , has other houses which are let room by room , we have whole house tenancy ,

should we really being rent if he starts eviction or should we keep it for deposit on new house ?

maybe morally wrong but what he is doing is wrong also

monty-doggy

Depends on how aggressive you think he will get. If neither of you are doing it properly he might just change the locks and kick you out. Can you afford a solicitor to take him to court if he does?

shaysdad1

monty-doggy wrote: »

Depends on how aggressive you think he will get. If neither of you are doing it properly he might just change the locks and kick you out. Can you afford a solicitor to take him to court if he does?

can change locks no problem dont think he is aggressive wouldnt get past the dogs anyway

monty-doggy

If he isn't aggressive then I'd keep the rent and start looking for a new place pronto.

BitterAndTwisted

Start looking for a new place but sign noting until the landlord either applies to the court for possession or he agrees IN WRITING to release you from your 12 month tenancy. Until he gains possession or agrees to release you, you are legally-bound to continue paying your rent (NOT IN CASH WITHOUT A RECEIPT!) until the 12 months is up. Rock and a hard place