End of tenancy council advise wait for eviction

G_M

andycuk wrote: »

Thank you for your reply.

What do we do with regard to rent in the property
you continue to pay rent
also can this affect our credit rating
No
and The substantial deposit that the landlord holds against us.
There's no connection between your eviction (if indeed you are evicted) and the deposit.
If you have a dispute later over the return of the deposit, use the deposit registration arbitration process

Where do we stand with regards to him accessing the property and throwing our furniture and effects out on the street.

Thanks

If he does this you call the police. Illegal eviction is a criminal offence (Protection from Eviction Act 1977 ).

You could also consider changing the locks.

cloo

The court process will take some tine, so if you can't find somewhere, do stay. I also can't understand why he would make it difficult for you to move... if he's done that to you I can't see that you owe him moving out with nowhere to go! What a callous idiot.

jules-2005

Hi Andy, you have my sympathy, its an awful situation to be in.

Have a read of my thread as I'm at the latter stages of going through this at the moment https://forums.moneysavingexpert.com/discussion/4903522.

My advice would be not to panic, only a court or you can end a tenancy NOT the landlord. Carry on paying your rent as normal whilst you're living there, Keep the council involved every step of the way. You will have to have a homeless meeting with them before they accept you on to their housing list.

I should have moved out of here on 1st May, I'm still in my rented house awaiting the courts decision now.

Good luck

G_M

Annie1960 wrote: »

Unfortunately, we have a rather silly system which means that you need to wait in the property until there is a court order for you to leave, otherwise the council will not re-house you.

???

It's a system designed to protect tenants from being evicted at the whim of the kind of landlords you appear to hate (all landlords?).

Some LLs (heard of Rackman in the 1960s?) would love the power to end tenancies whenever they want, but Parliament decided tenants need protection so ruled that only a court could end a tenancy.

andycuk

SeduLOUs wrote: »

There's nothing wrong with a property owner renting out a property as a stop-gap awaiting a sale.

Is he evicting you before the 6 months is up? On what grounds?

If the 6 months is up, then I can't see that he has done anything wrong. If the bad reference was completely uncalled for then he is probably the type that would let himself in or try to withhold your deposit, but honestly I don't know what to advise if the council won't help you find alternative accomodation.

Can you afford monthly rent? Even on short notice you should be able to rent another property, but I understand that could prove difficult if you don't get your deposit back quickly.

No our 6 months is up on the 13th June

He's quite an arrogant cocksure of himself bloke!!!! He took 2 months to fix our cooker, ignores our calls, says things that never happen!!! We had a heated telephone discussion in regards to the eviction the kids that he's unreliable and lies to us, he then wrote our negative reference on the grounds of late rent and wouldn't rent to us again!!! We pay 1200 a month to him and he has consistently filled us with rubbish!!

Many thanks to you all for your time in replying

lighting_up_the_chalice

With regard to the expectation that a tenant should remain until a court order, the Localism Act 2011 defined someone as homeless when the S21 expires. (S149(4)(2)).

Has your LA taken a homeless application from you?

lighting_up_the_chalice

andycuk wrote: »

.......The substantial deposit that the landlord holds against us........

Has the deposit been protected in a recognised scheme? And have you been notified about it?

andycuk

Yorkie1 wrote: »

Out of interest, did you pay the LL a deposit? If so, was it protected within 30 days and were you also issued with the prescribed information document within 30 days?

Yes we did £1750 .......it is protected with DPS

We live quite rural and have two children at secondary school and private rented houses around aren't suitable on the market right now....too small!! We haven't found any yet apart from the one he gave us the bad reference for!!!

Also the inventory company have been in touch, what is the score with them if we intend to stay?

Many thanks

andycuk

lighting_up_the_chalice wrote: »

With regard to the expectation that a tenant should remain until a court order, the Localism Act 2011 defined someone as homeless when the S21 expires. (S149(4)(2)).

Has your LA taken a homeless application from you?

Not yet as up until Friday we had found a property, just waiting on his reference!!! That then caused us to lose the property!

andycuk

lighting_up_the_chalice wrote: »

Has the deposit been protected in a recognised scheme? And have you been notified about it?

Yes to both