Possible Landlord harasment

Cody

Hello again;

I am wondering if anybody knows about court costs I might be liable in this situation. As a short update we have stayed on after the requested leave date, and paid rent as normal. I have not recieved any court dates however and called the letting agent. She said the paperwork has been sent off to the court and the LL has requested there not to be a court hearing, but rather that the judge will decide remotely??, I should expect to recieve some paperwork in the next few weeks for me to state my case, then send off to the Judge, before a possession order can be released. This is in Croydon.

The letting agent said I would be liable for the court cost (108 or 180 I think, I didnt quite hear correctly), and the fees (£100) the letting agent charged the LL to draw up the papers.

This is different to my expectation, I had expected there to be a court date set, which I was going to use as the date before which I would leave, to avoid court costs. I know people on here have said as much (quote from Herbalus as an example).

Herbalus wrote: »

On another note, if you are out of the property before end of Sept, any money she's spent on a possession order will be a complete waste for her - she can't get a possession order if you've left, and you can't possibly pay her costs (not convinced you are liable anyway) if there is no possession order!

Has anybody first hand experience of this, am I wrong in my expectation or us the LL / letting agent doing something wrong?

many thanks in advance

Cody

Herbalus

If I were you I'd move out as soon as possible. Note that you are only liable for costs if a possession order is granted. If you can move out before the end of the month (as I think you've informed them?) then applying for a possession order will be a complete waste of time for them.

It is possible for a judge to decide remotely - the onus is on the landlord to make sure everything is in correct legal order, so there isn't really that much to discuss in court if it is.

mixedwrestling

HarryBarry wrote: »

Well he might not give you a good reference, but then again if he wants you to actually move out he will. Make sure you keep paying rent for the extra time you stay otherwise that could get you a black mark somewhere.

I dont know the answer, but I'd be interested in knowing if the landlord can send you any of the court costs. He also might look for ways of keeping the deposit, whereas if you move out on time and have generally been good, he might be happy to give it all back.

Even if you don't have to leave legally, I completely disagree with anyone telling you to stay put though. It is his house, he has given the appropriate notice and it should be sufficient. Would you like to have to deal with a problem tenant like that refusing to leave something that he owns ? No matter how inconvenient it is for you, that is your problem and you need to look for the temp or permanent solution. I dont see why the inconvenience should be shifted to someone else for your gain.

Great post

BitterAndTwisted

Even scumbags need to make alternative arrangements and in some places there aren't enough suitable vacant properties available at the very moment the landlord decides they want to end the tenancy.

Given the way the landlord in this situation has behaved I wouldn't necessarily put myself out to be compliant either.

Not gaining possession on the precise date you think you want it is a fairly normal risk in such a business. I see no particular fault with the tenant in this thread. If a landlord isn't happy with the risks they should find an alternative vehicle for their investment funds and leave property to the professionals who do understand and accept said risks.

princeofpounds

Read this:

http://www.acceleratedpossession.com/accelerated-possession-FAQs.php

Yes, a judge can make a costs award, but that only applies if it actually gets to a hearing. It is likely only to be the cost of the hearing itself (this is probably the £180 figure), I don't believe it is common to permit any further legal costs, although I may be wrong.

They cannot normally sue you for costs or take it out of your deposit if you leave as requested after they have paid for a hearing.

A judge doesn't automatically 'decide remotely', but they can do and it's often what they prefer to do in an simple case. You can ask to argue your case in person I believe. But if you don't have a valid defence (and there are few to a section 21) then you might be refused.

princeofpounds

Tessa Shepperson seems to suggest some legal costs awards are possible, but normally these are low and fixed. Whether agent costs rather than lawyer costs are eligible I am not sure.

http://www.landlordlawblog.co.uk/2010/12/07/costs-in-eviction-proceedings/

rpc

If the agent has prepared the court papers the look at them carefully when they arrive. Only the LL or their solicitor can bring a court action, if the agent has signed anything then it can be thrown out. If it gets that far, also bear in mind that the agent has no right of audience in the court.

The first thing that will happen is you will be sent court papers and asked if you wish to file a defence. From the sounds of it, by the time you have done that you will have left.

mixedwrestling

However the landlord has acted, no reason for the tenant to disgrace themselves too.

All I can say is I hope the posession order goes through quickly, and the tenant foots the bill.

neas

Disregarding the legal point of view renting with an ast means you can give one month notice and the landlord can give 2 months.

Two months notice is normally more than enough notice to sort things out. (We moved out of or last rental in 1.5 weeks organising man and a van, friends and black bin liners to take our stuff). It involved me driving 5-10 times back and forth in my car but it was done.

This of course was for a property we were buying so of course I was motivated to move out. I wonder how its not possible to move out under 2 months? not the least 4 months.

I think the landlord has been pretty fair, and I think some court costs should be payable by the tenant even if it legally isn't the case. At the beginning of the tenancy an agreement is in place 1 month/2month notice.... it isn't 2month but if you feel like it make it 4 months....

Thats just wrong morally... and yes landlords are the scum of the earth too but doing the above also isn't right either. I certainly wouldn't give a good reference lol.

Herbalus

mixedwrestling wrote: »

This topic is exactly why I would never become a landlord - scumbag tenants overstaying their welcome.

I'm so glad you don't feel called to be a landlord. It might save people some grief.

In case you hadn't noted, the (Text removed by MSE Forum Team) tenant has done nothing illegal, and has been threatened with illegal eviction and court action for the deposit of somebody else's builders.

It is not a "welcome" either. It is a business contract, not your mate who is kipping in your shed. The tenant is paying for their home, which means that the landlord has to respect that and abide by the law.