Eviction reasons not known what to do?

Mountainpass123

Hi there

I rented a property a shared flat with a company called werentuk I found them on openrent. The property required no deposit except for £200 which is taken to secure the room and which comes off the last months rent.
I rented one room with this company for two months and signed a short term lease contract which looked ok just things like if you do severe damage etc and no sub letting allowed.
After two months I moved into a different room paid another 200 to secure the room and took out a. 6 month contract. I am 6 weeks into this contract.

Yesterday a notice came through the door which was addressed to a guy who I won't name and it said I tenants have until 11th November to vacate the property. Werentuk then sent me a text immediately saying it's nothing to worry about but I can talk to :the landlord.

I called the landlord and he didn't really answer many questions.i asked many times what is the reason they are evicting and instead of giving a straight answer I got answers like they are greedy and owe him 20000 pounds. He is coming tomorrow but this guy gave me no information.

He did mention that he gave the owners 20000 pounds in the promise that he could rent out the properties . He said he was a property manager but didn't give his company.

The eviction letter doesn't really say much other than the freeholder is taking possession back. It has a company name on it.

So my question is what can I do? I have a six month tanancy agreement with werentuk but they say it's nothing to do with them. Mainly I want to know if I can exit my contract early without paying anything extra because of this and if I can get my 200 upfront secure fee back too. Is there a property helpline for situations like this?

This landlord is coming to see the tenants tomorrow. What should I ask him?

Sorry I am not good at things like this. And welcome all comments even if bad.

Let me know if you want any more information or if I have broken any forum rules.

Thank you

P

macman

Your LL cannot evict you. Only a court can do that, and it takes at least 4 months. All the LL has done is request you to leave, which you can decline to do.
Is your tenancy agreement with openrent or your LL? Who is named on the AST?
If your LL wants to serve notice under S21 then he has to do it properly-just sending a general letter to 'Mr/Mrs Tenant.'is not sufficient.
Your post is very confused, but I get the feeling that your LL is subletting, probably in breach of his own lease?

G_M

* are you in england? Scotland? Where?
* do you have a written tenancy agreement?
* who is named as 'The Landlord'?
* who are werentuk? The LL's agent?
* who is 'a property manager' who you say is, but also is not, the landlord?
* Are you named as the sole tenant, or is it a joint tenancy with the other 'sharers?
How is the 'property' descibed? Ie is our contract for the whole property? The room? Or what?
* what is the tenancy start date?
* what is the tenancy end date or Term (eg 6 months)?
* the £200 is either a deposit (which legally must be protected) or it is rent. Which? What does your receipt or teancy agreement say?
* the 'notice through the door' - was it a Section 21 Notice? A S8 Notice? Or what? Please quote.


* when you moved rooms, I assume you got a new tenancy agreement? And your original £200 was refunded to you as over-paid rent unless iy was used in your finalrent in the first room?


If you have a tenancy (AST- Assured Shorthold Tenancy) you cannot be legally evicted in the first 6 months unless you are in rent arrears (do you owe rent?) or similar.

If your £200 is rent, then you do not need to pay this amount in the final month as you've already paid it.

If it is a deposit, it must legally be protected (see link below.)

* Deposits: payment, protection and return


For more on how the tenancy can be ended, see

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

gettingtheresometime

I heard about this set up yesterday on radio 4 yesterday - basically they rent houses (they also rent offices) which they then rent out themselves on basically a adhoc basis - with the office space side of the business you can rent desks rather than whole offices (it may be worth the OP listening to it ....it was on the PM programme)

Mountainpass123

Hi

Gettingtheresometime: do you have a link to this show I will watch I will search for it also after this post and thank you for posting.

G_M
I live Manchester.
Yes AST I can post it if it's helpful?
The landlord is not the company I rent this place from but the guy who has been sent a section 21 eviction notice. If that makes sense?
Werentuk appear to be the 'landlords' agency yes yet I don't know for sure they are the ones who gave me the AST to sign and take my deposit etc.
The property manager is from what I gather the guy who calls himself the landlord but is probably subletting to us it seems.
I am named as sole tenant living with two other tenants in this flat who have the same contract.
My contract is for the room
Start date is 24/08/2019 and it's 6 months term.
It says the 200 is a bond to secure the room and it will come out of the last months rent.
Section 21
Yes correct I paid 200 less and the new agreement came and was almost identical.
Also thanks for your response any advice is helpful.

Macman my post is confusing I agree. Sorry. However. To be honest I am so confused by it all. It's not a normal set up through an agency.
So it's an agreement between me and the landlord. This werentuk just seem to manage new tenants cleaning and contracts it seems.
I came home today and there was a new letter it was addressed to the occupiers of my flat. It is from the solicitors of the freeholders of the property. It said that section 21 had been sought and we must leave by November 11 if we don't they will seek for eviction and I may have to stump up the costs of any loss to the freeholders??? It then gives a copy of the letter the solicitors sent to the landlord which said something about his assured short-term tenancy agreement being terminated and seeking repossession of the property. Shall I upload my agreement and the letters? Can I do this as a picture? Or shall I write it out?

Thanks guys

gettingtheresometime

https://www.bbc.co.uk/sounds/play/m000846s

I think it's about 15 minutes in.

It may not be the same people as I think they were talking about a US company but the concept seems to be the same - perhaps that's why there's a U.K. in the title?

But still worth a listen

gettingtheresometime

If you upload any personal docs blank out any personal/identifying details such as names, addresses etc

Mountainpass123

Dated this:
15/07/2019
The Property ("the Property"): address
The Parts:
The Landlord:

And The Tenant
("the Tenant")
My name
The Tenant is referred to as "he" or "his" as appropriate in this agreement, even if the Tenant is female or consists of
more than one person. Where the Tenant consists of more than one person, they will all have joint and several liability
under this agreement (this means that they will each be liable for all Sums due under this agreement, not just liable for a
proportionate part).

The Term: 6 month beginning on 24//08/2019 ("the fixed term").
The Rent:
£625 per calendar month with all bills included (Electric. Internet, Water and council tax).
No deposit required but a payment of £200 has to be paid upfront to be used in the last month’s rent.
Terms and Conditions
1. This Agreement is intended to create an Assured Shorthold Tenancy as defined in the Housing Act 1988 (as
amended) and the provisions for the recovery of possession by the Landlord in that Act
shall apply.
2. Under this Agreement, the Tenant will have exclusive occupation of the Room and will share with other
occupiers of the Property the use and facilities of the Property (including such bathroom, toilet, kitchen and sitting
room facilities as may be at the Property)
3. The Tenant will:
3.1. Pay the rent at the times and in the manner set
out above
3.2. Pay interest at the rate of 3% per annum above the National Westminster Bank PLC's base rate on any
rent or other money lawfully due from the Tenant which remains unpaid for more than 14 days, interest to be
paid from the date the payment fell due until payment
3.3. Not change the supplier or provider of any of the services to the property without the written consent of
the Landlord (which will not be withheld or delayed
unreasonably)
3.4. Not make any alteration or addition to or do any redecoration or painting of the Property without the
Landlord's prior written consent (consent not to be withheld or delayed unreasonably)
3.5. Take reasonable care to keep any common entrances, halls, stairways, lifts, passageways and any
other common parts clean and fit for use by the Tenant and other occupiers and visitors to the
Property
.
3.6. Make good any damage to the Property or the common parts or to the Landlord's fixtures, fittings or
furnishings caused by the Tenant or any visitor of the Tenant to the Property, fair wear and tear excepted, and
to pay any costs incurred by the Landlord in carrying out such works in default.
3.7. Advise the Landlord promptly of any disrepair or defect or act of vandalism in respect of the Property or
the fixtures, fittings or furnishings and any failure of mechanical or electrical appliances. The Landlord shall
repair any damage to the Property or repair or replace any defective fixtures, fittings, furnishings or
appliances within a reasonable period of time after being notified by the Tenant, unless the matter is not
something for which the Landlord is liable. 3.8. Advise the Landlord promptly of any notice or order made
affecting the Property
3.9. Not cause blockage or obstruction to the drains and pipes gutters and channels in or about the property,
and will take all reasonable steps to prevent any part of the water draining and heating systems becoming
frozen during the winter months. The Tenant to pay (so far as is reasonable) for all losses suffered by the
Landlord and any neighbours as a result of the Tenants' failure to comply with this covenant
3.10. Not use any form of heating other than the heating system provided without the Landlord's prior
written
consent (not to be unreasonably delayed or withheld), and in particular not use any oil or heat gas fires.
3.11. Keep the garden (if any) neat and tidy and maintained to the same standard as it was at the start
of the
tenancy
3.12. Be responsible for arranging and paying the premiums for any insurance cover in respect of the
Tenant’s own personal
possessions
3.13. Not leave the Property vacant for more than 30 consecutive days without notifying the Landlord, either
in advance or, in the case of emergency, as soon as possible, and securing the Property properly when
leaving it unattended
3.14. Not do anything on or at the Property which (a) may be or become a nuisance or annoyance to any
other occupiers of the Property or owners or occupiers of adjoining or nearby premises and/or (b) is illegal or
immoral and/or (c) may in any way affect the validity of the insurance of the Property and its contents or
cause an increase in the premium payable by the Landlord. The Tenant to pay (so far as is reasonable) for all losses suffered by the Landlord as a result of the Tenants' failure to comply with this covenant.
3.15. Not allow or keep any pet or any kind of animal at the Property without the Landlord's prior
consent.
3.16. Not smoke inside the Property or permit others to smoke
3.18. Use the Property as a private residence only. This means the Tenant must not carry out any
profession, trade or business at the Property and must not allow anyone
else.
3.17. Not assign, sublet, charge or part with or share possession or occupation of the Room at
the Property
3.18. Pay the Landlord's reasonable costs and expenses reasonably incurred as a result of any breaches by
the Tenant of his obligations under this Agreement
3.19. Allow the Landlord or anyone with the Landlord's written permission to enter in the Property at
reasonable times of the day to inspect its condition and state of repair, carry out any necessary repairs and
gas inspections, or during the last month of the term, show the Property to prospective new tenants or
purchasers, provided the Landlord has given 24 hours written notice beforehand (except in emergency)
3.20. During the last month of the fixed term (and not later than 28 days before the end of the fixed term), tell
the Landlord whether he intends to stay in the Property or whether he intends to leave at the end of the fixed
term
3.21. Before vacating the property, if appropriate, inform all utility companies and arrange for final meter
readings. If the Property has had unpaid debts or court judgements due from the Tenant registered against it
the Tenant shall do what is necessary to ensure that these no are longer registered against the Property. The
Tenant shall be responsible for the Landlords reasonable costs incurred as a result of the Tenants failure to
comply with this clause.
3.22.Yield up the Property and its contents at the end of the Term in the same clean state and condition
it/they was/were in at the beginning of the Term, with the landlords furniture and effects and all items on the
inventory (if any) in the same rooms that they were at the start of tenancy. However the Tenant will not be
responsible for fair wear and tear caused during normal use of the Property and its contents or for any
damage covered by and recoverable under the insurance policy affected by the Landlord
3.23. Provide the Landlord with a forwarding address when the tenancy comes to an end and remove all rubbish and all personal items (including the Tenants own furniture
and equipment) from the Property before leaving.
4. The Landlord will:
4.1. Allow the Tenant peaceably to hold and enjoy the Property during the term without unreasonable
interruption from the Landlord or any person rightfully claiming under or in trust for the Landlord, subject to the
Landlord's right to take any lawful steps to enforce his rights against the Tenant if the Tenant breaks any of the
terms of this Agreement
4.2. Insure the Property and the items listed on the Inventory (if any) and use all reasonable efforts to arrange for
any damage caused by an insured risk to be remedied as soon as possible. The Landlord to provide a copy of
the insurance policy to the Tenant.
4.3. Arrange for the Tenant’s Deposit (if any) to be protected by an authorised Tenancy Deposit Scheme in
accordance with the provisions of the Housing Act, and comply with the rules of the Tenancy Deposit Scheme at
all times.
4.4. Keep in repair the structure and exterior of the Property (including drains gutters and external pipes) and
keep in repair and proper working order the installations at the Property for the supply of water, gas and
electricity and for sanitation (including basins, sinks, baths and sanitary conveniences) and for space heating
and heating water, save that the Landlord will not be required to carry out works for which the Tenant is
responsible by virtue of his duty to use the Property in a tenant-like manner or reinstate the Property in the case
of damage or destruction if insurers refuse to pay out the insurance money due to anything the Tenant has done
or failed to do or to rebuild or reinstate the Property in the case of destruction or damage of the Property by a risk
not covered by the policy of insurance effected by the Landlord
4.5. If the property is a flat or maisonette within a larger building then the Landlord will be under similar
obligations for the rest of the building but only insofar as any disrepair will affect the Tenants enjoyment of the
Property and insofar as the Landlord is legally entitled to enter the relevant part of the larger building and carry
out the required works or repairs
Ending this Agreement

The Tenant cannot normally end this agreement before the end of the fixed term. However after the first two
months of the fixed term, if the Tenant can find a suitable alternative tenant, and provided this alternative tenant is
acceptable to the Landlord (the Landlord's approval not to be unreasonably delayed or withheld) the Tenant may give
notice to end the tenancy on a date at least one month from the date that such approval is given by the Landlord. On
the expiry of such notice, provided that the Tenant pays to the Landlord the reasonable expenses reasonably incurred
by the Landlord in granting the necessary approval and in granting any new tenancy to the alternative tenant, the
tenancy shall end.
6. If the Tenant decides to stay on after the end of the fixed term another type contract won't need to be
signed. it will start a 1 month rolling contract.
7. If the Tenant does not pay the rent (or any part) within twenty-one days of the due date (whether it has been
formally demanded or not) or if the Tenant fails to comply with the Tenant's obligations under this Agreement, or
if
any of the circumstances mentioned in Grounds 2, 8 or 10 to 15 or 17 of Part II of Schedule 2, and in Schedule
2A, to the Housing Act 1988 arise then the Landlord may, subject to any statutory provisions, recover possession
of the Property and the tenancy will come to an end. The Landlord retains all his other rights in respect of the
Tenant's obligations under this Agreement. Note - if anyone lives at the Property or if the tenancy is an assured
tenancy under the Housing Act 1988 the Landlord cannot recover possession of the Property without a court
order. This clause does not affect the Tenant's rights under the Protection from Eviction Act 1977.
Other terms
8. The Landlord hereby notifies the Tenant under Section 48 of the Landlord & Tenant Act 1987 that any notices
(including notices in proceedings) should be served upon the Landlord at the address stated with the name of the
Landlord above
9. The condition of the Property and its contents, whether scheduled or not on the inventory, shall be deemed to be correct and in good serviceable order unless the Landlord is notified to the contrary within three days of occupation or
as soon as practicable. Oral notification must be confirmed in writing by the Tenant within seven days.
10. The Tenant will pay £200 less on his last month as this amount was paid upfront before move in.
11. Any notices or other document, including any court claim forms in legal proceedings, shall be deemed properly
served on the Tenant during the tenancy by being left at the Premises or by being sent to the Tenant at the Property
by first class post or recorded delivery. Notices shall be deemed served the day after being left at the property or after
posting.
12. Any person other than the Tenant who pays all or part of the rent to the Landlord shall be deemed to have
paid this as agent for and on behalf of the Tenant which the Landlord shall be entitled to assume without
enquiry.
13. Any personal items left behind at the end of the tenancy after the Tenant has vacated (which the Tenant has not
removed in accordance with clause 3.26 of this Agreement) shall be considered abandoned if they have not been
removed within fourteen days of written notice to the Tenant from the Landlord (the notice to be delivered by hand or
sent by recorded delivery). After this period the Landlord may remove or dispose of the items as he thinks fit. The
Tenant shall be liable for the reasonable removal, storage and disposal costs which may be deducted from the
proceeds of sale (if any), and the Tenant shall remain liable for any balance. Any net proceeds of sale will remain the
property of the Tenant.
14. The Landlord is entitled to enter the shared areas of the Property together with any unlet rooms, at all
reasonable times, for the purpose of inspecting them, carrying out any necessary repairs and to show unlet rooms to
prospective new tenants.
15. The Landlord shall be entitled to have and retain keys for all the doors to the Property, including the Room, but
shall not be entitled to use these to enter the Room without the consent of the Tenant (save in an emergency). If the
Tenant fails to return the keys at the end of the tenancy, he will be responsible for the reasonable cost of having
new locks fitted and keys cut.
16. If the Property is damaged or destroyed by any of the risks insured against by the Landlord, the Tenant shall only
be liable for a proportionate part of the rent, to be calculated on the basis of the Tenant's use and enjoyment of the
Property for the period of time involved, unless the insurance was prejudiced by some act or omission of the Tenant.
17. The 'Landlord' means the persons from time to time entitled to receive the Rent, the 'Tenant' includes any
persons deriving title under the Tenant, the 'Property' includes any part or parts of the Property (including the Room)
and all of the Landlord's fixtures and fittings at or upon the Property, the 'Term' means the period stated in the
particulars overleaf or any shorter or longer period as appropriate, and an obligation on the part of a party shall
include an obligation not to allow or permit the breach of that obligation

This is the contract

Cakeguts

Mountainpass123 wrote: »

Hi

Gettingtheresometime: do you have a link to this show I will watch I will search for it also after this post and thank you for posting.

G_M
I live Manchester.
Yes AST I can post it if it's helpful?
The landlord is not the company I rent this place from but the guy who has been sent a section 21 eviction notice. If that makes sense?
Werentuk appear to be the 'landlords' agency yes yet I don't know for sure they are the ones who gave me the AST to sign and take my deposit etc.
The property manager is from what I gather the guy who calls himself the landlord but is probably subletting to us it seems.
I am named as sole tenant living with two other tenants in this flat who have the same contract.
My contract is for the room
Start date is 24/08/2019 and it's 6 months term.
It says the 200 is a bond to secure the room and it will come out of the last months rent.
Section 21
Yes correct I paid 200 less and the new agreement came and was almost identical.
Also thanks for your response any advice is helpful.

Macman my post is confusing I agree. Sorry. However. To be honest I am so confused by it all. It's not a normal set up through an agency.
So it's an agreement between me and the landlord. This werentuk just seem to manage new tenants cleaning and contracts it seems.
I came home today and there was a new letter it was addressed to the occupiers of my flat. It is from the solicitors of the freeholders of the property. It said that section 21 had been sought and we must leave by November 11 if we don't they will seek for eviction and I may have to stump up the costs of any loss to the freeholders??? It then gives a copy of the letter the solicitors sent to the landlord which said something about his assured short-term tenancy agreement being terminated and seeking repossession of the property. Shall I upload my agreement and the letters? Can I do this as a picture? Or shall I write it out?

Thanks guys

From working through this it sounds as if your landlord has tried to do a rent to rent situation where he has rented the property from the property owner and then has rented it to you and the other tenants using We Rent UK as his letting agents. Then what has happened is that the actual owner of the property has found out what is going on and has either already got possession from your landlord hence the date in the letter or is going to seek possession.



If the owner of the building has already got possession from your landlord then your tenancies will end when his does.



Reading between the lines the £20,000 is the rent for the property for the year. When I looked at the We Rent UK website it did say luxury flats so I can believe that the rent for a whole flat could be around £1600 a month. That would explain your landlord complaining about the rent cost. However he knew the cost of the rent when he signed for the flat and that doesn't give him the right to rent to move out and rent each room out or even to start off with two lodgers as this could easily have created an HMO.



What you need to know now is has possession been granted to the owners of the flat from your landlord. You can leave We Rent UK out of this as it is actually nothing to do with them. You need to know the situation between your landlord and the actual owners of the flat.

Mountainpass123

Cakeguts.

Thanks for your reply. I will directly ask him if possession has been obtained by the owners.

I am wondering if my contract actually holds any weight however if it is illegally being subletted?

Like I I pay the rent on October 24th for the next 31 days until November 24th yet I am to leave November 11. Do I get my money back for the time I spent there? Or should I not be paying the rent on October 24th?

What is the chance of even claiming the money back or them claiming it from me. Or if I move out early would I be charged?
I know this is a new question so sorry if I broke any rules

Cakeguts

Mountainpass123 wrote: »

Cakeguts.

Thanks for your reply. I will directly ask him if possession has been obtained by the owners.

I am wondering if my contract actually holds any weight however if it is illegally being subletted?

Like I I pay the rent on October 24th for the next 31 days until November 24th yet I am to leave November 11. Do I get my money back for the time I spent there? Or should I not be paying the rent on October 24th?

What is the chance of even claiming the money back or them claiming it from me. Or if I move out early would I be charged?
I know this is a new question so sorry if I broke any rules

Your contract is with your landlord who it appears now has only got an assured shorthold tenancy of the flat himself. You don't have a contract with the owner of the flat. Technically speaking when the tenancy of your landlord ends yours ends as well which is why you need to know his position.



We don't know if you have to leave on November 11th or not until you find out at what stage your landlord's eviction has got to. When you find that out you can decide what to do about the rent. However your landlord very probably had a clause in his tenancy agreement that said that he was not allowed to sublet the entire flat so knowing that this is what he has done what chance do you think you have got of getting any rent back. You could always pay for the number of days from 24th October to 11th November?