LL giving us a week to move but we've paid arrears

chuckley

JK28 wrote: »

we thought last tues we were staying after paying the arrears off so we were completely shocked today to find out he's still going ahead after he told us he wasnt. We just thought that maybe he would need to now evict us with a new notice giving us 2 months,well we were hoping really. can he evict us on the grounds of wanted to sell using the same order that was for arrears?

I learned very quickly that landlords lie through their teeth!! sometimes even when you've done nothing wrong.

Kynthia

The court has ended the tenancy, so after the possession date you are no longer within a tenancy. There was no where that said the possession order would be revoked if you paid your arrears, you are meant to pay you rent up to the day you leave anyway. Were you not planning to? Unless the landlord grants you a new tenancy you need to move. If you stay after the date given by the court, the landlord has to go back and apply for court bailiffs, and these can take 2-10 weeks. I believe they send you a letter a few days before they arrive to remove you.

Road_Hog

I know you're in a bit of shock at the moment and the answers you are getting are not really of much comfort to you, but they are pretty much spot on.

The to pand bottom of it is, that a court has ordered an eviction and your tenancy is terminated.

The LL told you what you wanted to hear, so that he could get his hands on the money for the rent arrears.

You have 3 options.

Move out on the 23rd as he has agreed this with you, but get it in writing from him.

Try to get him to give you an extra month and pay him up front, explaining that you need more than a week to organise a new place. Get it in writing with a receipt for the money.

Tough it out and stay there for the extra month anyway, hoping that the bailiffs don't turn up in that time - it really depends on which type of bailiffs he gets. County court bailiffs, no problem, escalated to HCEO, could be a problem.

The one problem that you're going to have, is references, you certainly won't be able to use your current LA/LL.

martindow

Road_Hog wrote: »

Try to get him to give you an extra month and pay him up front, explaining that you need more than a week to organise a new place. Get it in writing with a receipt for the money.

Wouldn't this create a new tenancy?

anamenottaken

JK28 wrote: »

We cleared all arrears and paid the rent for Oct to Nov6th on the 8th Oct.

How was this paid? Was the LL/LA advised that this included rent up to 6 November? If they accepted this, does that not mean you can stay till that date?

I have no knowledge of the law in this matter, just asking what seems to me to be a logical question.

jamie11

martindow wrote: »

Wouldn't this create a new tenancy?

Possibly not if the money was taken as mesne profits, and clearly documented as such.

Kynthia

I don't believe the landlord can put any stay dates in writing without risking a new tenancy being formed, although you could verbally ask him if he's applied for a court bailiff date yet to get an indication of timings.

anamenottaken wrote: »

How was this paid? Was the LL/LA advised that this included rent up to 6 November? If they accepted this, does that not mean you can stay till that date?

I have no knowledge of the law in this matter, just asking what seems to me to be a logical question.

The tenancy has legally ended on the court possession date. The tenant transferring rent beyond this date into the LA's bank account doesn't change this and doesn't indicate there has been 'acceptance'. I would imagine once the tenant actually moves out any rent paid beyond that date would be reclaimable. Sometimes the court decide a daily rent rate to be paid when being evicted mid-tenancy period.

anamenottaken

Kynthia wrote: »

The tenancy has legally ended on the court possession date. The tenant transferring rent beyond this date into the LA's bank account doesn't change this and doesn't indicate there has been 'acceptance'. I would imagine once the tenant actually moves out any rent paid beyond that date would be reclaimable. Sometimes the court decide a daily rent rate to be paid when being evicted mid-tenancy period.

Re "acceptance" - that's why I asked how it had been paid. I don't think the OP has said that it was paid direct to a bank account, so I wondered whether (given that it was "exceptional" in amount) it had been paid by cheque together with a note that it was payment up to the November date and that the cheque had subsequently been banked.

Takeaway_Addict

chuckley wrote: »

I learned very quickly that landlords lie through their teeth!! sometimes even when you've done nothing wrong.

As do tenants....

JK28

Thankyou for most of your input. We went to court wed morning and the judge has said he wants to see us and the LL Fri afternoon. the judge has said that by paying the rent up to the 6th Nov, He Thinks, the LL has entered us into a new contract and that he nor the agents should of accepted the money but he wasnt sure of this. We paid by debit card direct to the agents btw. The LL told us on the day we paid off the arrears and the following months rent that he would stop the eviction and then a week later informed us he had decided to go ahead. Yes I agree LL's DO lie thru their teeth and we have since found out that he wants new tennants to move in who are waiting for the new house to be built next door.
Of course we would of paid and will still pay for any days that go over while we are here. Bit harsh being judged by people who know nothing of your circumstances. I am not trying to squat here rent free I was just after some advice as it came as a bit of a shock to be given a weeks notice when been told we can stay.
If any of you helpful people would like to continue to help could you tell me that when served with a section 21 for the 23rd October but the LL accepts rent up to the 6th Nov has he entered a new contract or not? This would be helpful to us for court tomorrow please.
Thanks