Eviction

Generali

Talk to Shelter. They're brilliant.

kissingthepink

Sounds like you should just go ahead with your move anyway, especially as you think that the agent/landlord is a smug git and has been less than pleasant. Bad blood never disappears in my experience. No, I would imagine that the eviction notice still stands, however, maybe one of the legal boffins could confirm.

WTF?_2

Mullbot wrote: »

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?

Seems like there isn't much communication between you and your landlord.

Assuming he's sent you a letter (signed by him) saying that he wants you out, he won't have a leg to stand on if you simply move out to your new accommodation on the date he wanted you out by.

He can try to sue you for not giving proper notice but any court seeing his letter is sure to give you the benefit of the doubt.

Debt_Free_Chick

I don't think that any statutory notice issued under the Housing Act can evict a tenant.

The LL can only issue a "Notice of Repossession". You can ignore this and then the LL has to get a court order and bailiffs to evict.

I wonder if the letter was legally valid anyway - as a notice of eviction is not recognised under the HA?

JohnInDebt

You have a letter asking you to move out, keep this letter just incase he tries to sue for the remaining months.

Debt_Free_Chick

Mullbot wrote: »

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?

Assuming his letter of repossession was legally correct (and I'm not convinced it was), then he would have had to go to Court to get the relevant order to evict you.

If you had paid some or all of the arrears before the Court hearing, then he would have lost in Court and not got the order.

I think this is what he means - that as you've paid the arrears, he can no longer proceed with eviction.

Maybe he is smug - maybe he's just a savvy landlord. It's only sensible that a LL issues a section 8 notice of repossession, once you're 2 months in arrears. If the LL leaves it longer, then it takes longer to evict and more and more rent arrears build up.

If you don't trust him, find somewhere else - but you're now under no pressure to do so and can take your time.

moneysavinmonkey

from the way I have read the OP's post they want to move out, and are more concerned about whether the landlord can sue them for breaking there 12 month contract?

From the advice given it does seem like they can now do this... is this a loophole in the system then for people who want to leave a property before the end of a 12 month contract? Don't pay your rent for 2 months, get an eviction notice, then pay off your arrears (so you don't get chased for these through courts) and move out by the deadline of the eviction notice???

From that perspective it doesn't seem quite right, so i would advise checking the legal position with shelter.)

Mullbot

A few of ya are missing the point here. They gave us an eviction notice, so we found other accomodation, we now want to leave but as the arrears have been paid, he has retracted the eviction. We are all glad to be getting shot of the place, now he's trying to retract the eviction.

Mullbot

"We are terminating your tenancy" "i am therefore issuing you one mths notice to quit the property from... and must vacate the property on the ..."


They gave the reason for eviction as the rent in arrears, it doesn't state that if it's paid we could stay. It says if we didn't pay the arrears then they would start legal proceedings without further notice.


Been trying Shelter for a while, still busy.

Guy_Montag

I would say that the eviction notice while not legal is an offer to end the tenancy early. You have accepted that offer.

However, do check with Shelter.