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Landlord defaulting
Comments
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mightymouse wrote: »Hi
This is a criminal offence already.
The criminal offence of Unlawful Eviction was set out in the Protection from Eviction Act 1977 and has been subsequently amended by the Housing Act 1988. The offence will occur when your landlord, his/her agent or, any other person, forces or attempts to force you to leave your accommodation without first following the correct legal procedure to end that particular type of tenancy.
It will take a while before it is used more often.
There isn't a tenancy though - it's an unfortunate loophole - one that seems to be coming up a lot.... they technically don't exist as far as mortgage co. are concerned legally.... the tenancy never existed - it's like me writing you a tenancy for any old random house I have nothing to do with - you'd have no right to live there but could pursue me for being a crook...0 -
mightymouse wrote: »Hi
This is a criminal offence already.
The criminal offence of Unlawful Eviction was set out in the Protection from Eviction Act 1977 and has been subsequently amended by the Housing Act 1988. The offence will occur when your landlord, his/her agent or, any other person, forces or attempts to force you to leave your accommodation without first following the correct legal procedure to end that particular type of tenancy.
It will take a while before it is used more often.
Surely though, the mortgagee will follow the correct legal procedure."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Oh yeah & make sure they pay no more rent."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
Hi
The proceedings would lay against the landlord not the lender.
Harassment and unlawful eviction are criminal offences, prosecutions by local authorities are rare, and that the sentences given by courts are unlikely to act as a deterrent.
Damages to the tenant are up to 10% value of the property.0 -
How are you going to do this? Ask the landlord? It would be nice if all LA asked for documentary proof that they have permission to let and their mortgage payments were up to date but 1, that cost the LA time and therefore money and 2, the dodgy landlords will just use the dodgy LAs who don't ask.Guy_Montag wrote: ».....No, apparently only tenants are untrustworthy enough to need checked up on. You'd a thunk they might at least check the LL has permission to let & is up-to-date with their mortgage payments, but this, it seems, is too much for them.
More seriously and relevant to the OP, there's something not right about this story or there's some detail I'm missing. "The court order is from the solicitor of the claimant". That doesn't sound right. Courts issue court orders and would write to "The Occupant" at the address. I think the details need clarifying.
Mightymouse - we've been through this before on this forum. The way I explain it is this: If a judge says "I give you possession in x days time" then the claimant gets possession in x days time (or can get the court to enforce it). Other agreements are irrelevant.A house isn't a home without a cat.
Those are my principles. If you don't like them, I have others.
I have writer's block - I can't begin to tell you about it.
You told me again you preferred handsome men but for me you would make an exception.
It's a recession when your neighbour loses his job; it's a depression when you lose yours.0 -
Perhaps we should set up a small fighting fund to take the LL to court for breach of contract just to see what happens."Mrs. Pench, you've won the car contest, would you like a triumph spitfire or 3000 in cash?" He smiled.
Mrs. Pench took the money. "What will you do with it all? Not that it's any of my business," he giggled.
"I think I'll become an alcoholic," said Betty.0 -
mightymouse wrote: »Hi
This is a criminal offence already.
The criminal offence of Unlawful Eviction was set out in the Protection from Eviction Act 1977 and has been subsequently amended by the Housing Act 1988. The offence will occur when your landlord, his/her agent or, any other person, forces or attempts to force you to leave your accommodation without first following the correct legal procedure to end that particular type of tenancy.
It will take a while before it is used more often.
but without permission from the lenders the AST was never valid so the 'tenants' do not actually have any particular kind of tenancy - so the criminal act is not in evicting them incorrectly but in fraudulently claiming that there was a valid AST in place in order to obtain rent monies from them.0 -
mightymouse wrote: »Hi
The proceedings would lay against the landlord not the lender.
.
but it is not the landlord who is evicting them.. it is the lender.
you are correct though that harassment and illegal eviction are criminal offences, it's just that this is not what is happening in this case0 -
Hi
Thanks for the advice bob property but why would you think I need it, are you saying I am wrong or what I say is irrelevant.0
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