Landlord in arrears

welshmaestro

Hello,

I need some advice please. My landlord is in arrears for the second time, as far as me and my housemate are aware. This happened just before Christmas once putting us in a state of panic and he assured us everything would be okay. Nothing for a while and now suddenly we are receiving letters again stating he owes thousands.

I'd just like to explain a few things.

1) I stated I wanted to stay for a 12 month period (I've been here 7 months)

2) I was never given a written contract at all. I've not signed anything - no tenancy agreement.

3) I have no clue as to whether my deposit is held in deposit protection scheme. I've had no letters or correspondence from them whereas I did from my last landlord and now my current landlord is in mortgage arrears I'm worried my deposit money might be gone.

4) Am I able to give notice and move out before the 12 month period? This is stressful and i'd rather just move on now than have the uncertainty about the whole thing up in the air

5) I know I'm an idiot for not getting everything in writing. I don't need telling on that.

Any help would be massively appreciated.

princeofpounds

1) I stated I wanted to stay for a 12 month period (I've been here 7 months)

It's very likely you will be here in 4- 5 months time, if you want to be. It'll probably take 2 months to get to court minimum and these days you can apply in court for 2 month's delay to find new accommodation.

2) I was never given a written contract at all. I've not signed anything - no tenancy agreement.

A tenancy is formed by the simple act of paying rent and taking occupation. You have an AST as defined in statute (in non-precise terms, a basically like a 6 month tenancy fixed period, then rolling thereafter with 2 months' rental period notice).

3) I have no clue as to whether my deposit is held in deposit protection scheme. I've had no letters or correspondence from them whereas I did from my last landlord and now my current landlord is in mortgage arrears I'm worried my deposit money might be gone.

Might be. You can recover through courts but not from a bankrupt.

Do you think the LL has the money to protect? You can try to force protection but it might lead to you being given notice. Another way to approach it is simply not to pay the last month's rent when you do leave if the deposit remains unprotected, not something I would normally advise but might be one of the few situations it makes sense.

4) Am I able to give notice and move out before the 12 month period? This is stressful and i'd rather just move on now than have the uncertainty about the whole thing up in the air

If there is no written evidence you agreed a 12 month fixed period, sure. Just say you never did, you can leave with one month's rental period notice.

5) I know I'm an idiot for not getting everything in writing. I don't need telling on that

People have done more stupid, things, relax.

theartfullodger

As you have no formal address "for serving notices" rent is not due (!!). Stop paying rent.

Unfortunately as soon as he serves a notice with an address in England or Wales all the outstanding rent becomes due.

£5 says as he's "not bothered" with a tenancy agreement he's "not bothered" with declaring income to HMRC, getting permission to let from his mortgage company, not got a gas safety certificate etc etc etc... Possibly fiddling benefits & beats his wife.

Now blackmail is an unpleasant word but I'd simply decline to pay any more rent and if he get;s upset note that you will advise his lender, HMRC & DWP & Gas Safe guys & will sue him for 3x deposit... Any threats of harassment involve Police.. Then leave before end of fixed term.

No offence but both of you need your heads examined...

Please, please don;t tell us you've been paying him cash, no receipt....

G_M

* Deposits (payment, protection and return)

Repossession: what if a LL's mortgage lender repossesses the property?

* Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy?

welshmaestro

princeofpounds wrote: »

If there is no written evidence you agreed a 12 month fixed period, sure. Just say you never did, you can leave with one month's rental period notice.

I have texts saying I wish to stay for 12 months. I have not signed to say I have agreed to 12 months fixed period. I have not sent any emails to the landlord agreeing to a 12 month fixed period either.

jenny54321

it is likely that the landlord could be going through bankruptcy - if he hasn't paid the morgage - if this is the case then not even a tenancy agreement will be sufficient as it will be the bank who will force eviction.
I am just wondering where the letters are coming from saying he owes 1,000s as be aware that it is illegal to open someone elses mail.
Of course there should be a tenancy agreement as it stands you have little more than squatters rights , im interested to see if he has done th gas safety checks for you as well ,

I would keep paying rent put when your out work it so that you stay there a month for free if you dont or if its unlikely that the deposit is returend to you - also was this cash ??

Rememebr the bank can evict you if the mortgage is not paid but it usually takes a few months before it gets to that stage - but im afaid you dont have a leg to stand on if that happens -
Also are you a student as it may be that he has other properties and other students in same situ

welshmaestro

jenny54321 wrote: »

it is likely that the landlord could be going through bankruptcy - if he hasn't paid the morgage - if this is the case then not even a tenancy agreement will be sufficient as it will be the bank who will force eviction.

If I get evicted I don't mind. I want to leave in 2 months anyway as I'm leaving the area. I was going to pay up the remainder of the 12 months but if I don't have to pay that due to it not being written contract then I won't.

I want to know due to not signing anything, can I leave in 2 months even though I have 5 months left? (if I give notice). If that's the case then that'll be three months rent saved to use elsewhere.

I am just wondering where the letters are coming from saying he owes 1,000s as be aware that it is illegal to open someone elses mail.

We're being sent letters informing us and addressed 'to the present occupier' etc.

Of course there should be a tenancy agreement as it stands you have little more than squatters rights , im interested to see if he has done th gas safety checks for you as well

I don't know if the checks have been done but I very much doubt it as he doesn't seem too interested.

I would keep paying rent put when your out work it so that you stay there a month for free if you dont or if its unlikely that the deposit is returend to you - also was this cash ??

Everything has been paid via bank transfer online and I have all payments downloaded in PDF format and stored in a folder on my computer.