Eviction

Mullbot

We got a letter in the other week saying we are getting evicted , it wasn't a your possibly getting evicted letter, it clearly stated your evicted and you have until this date to get out. So we made alternative arrangments to live elsewhere, now they say the guy who owns the house may just keep us on anyway.

Can these jerks do that? We want out now as we have already sorted alternative housing.

Curv

I don't know the legal ins and outs of whether they can mess you around - someone with more knowledge will be along soon, I'm sure. But as a layman I'd say move out and into your alternative place and don't look back. If you are being messed around, who knows where it would end? You are better off out of it.

moneysavinmonkey

You need to give us a few more details. What kind of tenancy agreement were you on, AST? were you in a fixed period or rolling periodic?

What form did the eviction notice give. Was it on a prescribed legal form. Did it mention section 21 or section 8.. were any reasons given for asking you to leave.

JohnInDebt

Mullbot wrote: »

We got a letter in the other week saying we are getting evicted , it wasn't a your possibly getting evicted letter, it clearly stated your evicted and you have until this date to get out. So we made alternative arrangments to live elsewhere, now they say the guy who owns the house may just keep us on anyway.

Can these jerks do that? We want out now as we have already sorted alternative housing.

Sounds like they issued a section 21 notice just incase they decided they wanted you out at the end of your AST and it would make the process easier for them.

If you've made alternate arrangements just move out as you'll probably be messed about again in the future. Sounds like an amateur landlord that will do himself (or herself) more harm then good.

Hopefully they will realise that they can't just mess people about and put this stress over someone just to keep their options open at the end of an AST.

Mullbot

Yeah it's an AST agreement. Were on a fixed 12 month contract. It says "our reason for evicting you is due to rent in arrears of £....

It then says " i am therefore issuing you with one months notice to quit the property from ?/?/? and thus must vacate the property on ?/?/?

It's not wrote on legal document, just standard company sheet from the property developer itself.

JohnInDebt

Mullbot wrote: »

Yeah it's an AST agreement. Were on a fixed 12 month contract. It says "our reason for evicting you is due to rent in arrears of £....

It then says " i am therefore issuing you with one months notice to quit the property from ?/?/? and thus must vacate the property on ?/?/?

It's not wrote on legal document, just standard company sheet from the property developer itself.

You need to be in 2 months full rent arrears before they can issue a section 8 notice. Make sure you're never 2 months in arrears, even if it means paying a small token amount.

If it's just a standard letter it sounds like they hope you don't know what you're doing and will just vacate.

Mullbot

That's what i was thinking, i think they sent it out to sorta scare us, but we sorta warmed to the idea of moving out, so if we move out and have that eviction notice their isn't anything they can do to stop us moving out now surely?

JohnInDebt

Mullbot wrote: »

That's what i was thinking, i think they sent it out to sorta scare us, but we sorta warmed to the idea of moving out, so if we move out and have that eviction notice their isn't anything they can do to stop us moving out now surely?

If you're happy to move out then just go for it. Although it's not an official eviction notice it's a request for you to move out. Just keep hold of the letter just incase they try to sue you for breach of tenancy and try to claim for the remaining months of the AST.

moneysavinmonkey

I would think that as it's not a legal notice then you don't have to move out but if you do then they have no recourse to pursue you for leaving your contract early. I think if you do owe them rent however they could still keep you deposit/pursue you in small claims court for that though.

As JohninDebt says whatever you do hang onto that letter!

I'm no legal expert so I would recommend you give Shelter a quick call as they should be able to give you a definitive answer.

Free housing advice helpline:
0808 800 4444

kissingthepink

Will you be paying all of the arrears rent before you move out?

Mullbot

I went over their now to them and said we will be moving out. He said that because the arrears has now been paid off that the eviction doesn't stand anymore. Acted a right smug git too. He's completley wrong in thinking that, yeah?