please help eviction help

JayRitchie

45002 said:

greatcrested said:

The gov has ruled that evicion proceedings cannot start forthe next 3 months. Thi is slightly 'out of the ordinary' scenario as the owner is evicting sub-tenants, so the courts may have to rule on whether the new regs apply, but I suspect they do.

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

Just to point out emergency legislation stopping evictions, only started its 1st reading through Parliament yesterday

The 1988 Housing act remains in force still for know 

You can follow the legislation below

https://services.parliament.uk/bills/2019-21/coronavirus.html

The bill is only 239 pages long !

It will get through pretty quick, and even if it doesnt no court will evict even if they are sitting. The OP should stop paying rent now and use the savings to build an emergency fund/ cash for a new deposit.

princeofpounds

It strikes me that this is probably the best time in history to get stuck in this position... could be months of rent-free* living. Poor head landlord... Best of luck OP. 

* practically but not technically, so don't splurge the cash. 

killahpriest666

if i were to say for example stay there for a month or 2 save up and get a new place....could the owner claim any unpaid rent from me for that time period legally? like obviously after i move some random letters adressed to me might still turn up there

JayRitchie

killahpriest666 said:

if i were to say for example stay there for a month or 2 save up and get a new place....could the owner claim any unpaid rent from me for that time period legally? like obviously after i move some random letters adressed to me might still turn up there

Difficult one. You would need proper legal advice (so try not to spend the money). They are kicking you out as you dont have a contract with them - but if you don't have a contract with them how can they claim for rent?

45002

JayRitchie said:

45002 said:

greatcrested said:

The gov has ruled that evicion proceedings cannot start forthe next 3 months. Thi is slightly 'out of the ordinary' scenario as the owner is evicting sub-tenants, so the courts may have to rule on whether the new regs apply, but I suspect they do.

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

Just to point out emergency legislation stopping evictions, only started its 1st reading through Parliament yesterday

The 1988 Housing act remains in force still for know 

You can follow the legislation below

https://services.parliament.uk/bills/2019-21/coronavirus.html

The bill is only 239 pages long !

It will get through pretty quick, and even if it doesnt no court will evict even if they are sitting. The OP should stop paying rent now and use the savings to build an emergency fund/ cash for a new deposit.

Really silly advice  to give for anyone who's renting to stop paying Rent !!!!!!!!!!!!!

killahpriest666

JayRitchie said:

killahpriest666 said:

if i were to say for example stay there for a month or 2 save up and get a new place....could the owner claim any unpaid rent from me for that time period legally? like obviously after i move some random letters adressed to me might still turn up there

Difficult one. You would need proper legal advice (so try not to spend the money). They are kicking you out as you dont have a contract with them - but if you don't have a contract with them how can they claim for rent?

letters with my name on would come after i move...so they would have my name so could possibly chase me up i dunno?

45002

killahpriest666 said:

the whole letter reads
dear Landlords name and some womens name 
" if you are residing in the property and are not the above named person please contact atkinson mcleod as a matter of urgency
we are advised by london bourough of tower hamlets that the property is being illegally sub let and is operating as a house of multiple occupants
unfortunately the legal owner of the property has no alternative but to serve you with the attatched notice under section 8 of the housing act 1988
this notice is to advise you that should you not give up possession of property by april 3 your landlord has given instructions to issue legal proceedings against you in t he county court for possession of the above propert, arrears of rent, interest and costs
we wish to advise you that apart from you having to give up possession of your home your name and adress may be entered onto the register of county court judgements if a court order is made against you

killahpriest666

Does the section 8 notice say which ground number they are using for a possession order ?

AdrianC

princeofpounds said:

It strikes me that this is probably the best time in history to get stuck in this position... could be months of rent-free* living. Poor head landlord... Best of luck OP. 

* practically but not technically, so don't splurge the cash. 

And, of course, those are perfectly enforceable debts.

So unless the OP knows his credit record is so utterly toasted anyway that a CCJ for thousands won't make the slightest difference...

JayRitchie

45002 said:

JayRitchie said:

45002 said:

greatcrested said:

The gov has ruled that evicion proceedings cannot start forthe next 3 months. Thi is slightly 'out of the ordinary' scenario as the owner is evicting sub-tenants, so the courts may have to rule on whether the new regs apply, but I suspect they do.

https://www.gov.uk/government/news/complete-ban-on-evictions-and-additional-protection-for-renters

Just to point out emergency legislation stopping evictions, only started its 1st reading through Parliament yesterday

The 1988 Housing act remains in force still for know 

You can follow the legislation below

https://services.parliament.uk/bills/2019-21/coronavirus.html

The bill is only 239 pages long !

It will get through pretty quick, and even if it doesnt no court will evict even if they are sitting. The OP should stop paying rent now and use the savings to build an emergency fund/ cash for a new deposit.

Really silly advice  to give for anyone who's renting to stop paying Rent !!!!!!!!!!!!!

Could you expand on your reasons for that statement? Lets consider:
- the OP has been contacted by someone claiming to be the owner of the premises stating that they were occupying under a non authorised sub let
- they have been paying someone who had no right to be charging rent, was probably acting illegally.

Why should they continue to pay until the situation is clear?

By the way - for years we have told people to pay their rent as a priority. This may not be good advice given the current Coronavirus issues.

greatcrested

45002 said:

killahpriest666 said:

the whole letter reads
dear Landlords name and some womens name 
" if you are residing in the property and are not the above named person please contact atkinson mcleod as a matter of urgency
we are advised by london bourough of tower hamlets that the property is being illegally sub let and is operating as a house of multiple occupants
unfortunately the legal owner of the property has no alternative but to serve you with the attatched notice under section 8 of the housing act 1988
this notice is to advise you that should you not give up possession of property by april 3 your landlord has given instructions to issue legal proceedings against you in t he county court for possession of the above propert, arrears of rent, interest and costs
we wish to advise you that apart from you having to give up possession of your home your name and adress may be entered onto the register of county court judgements if a court order is made against you

killahpriest666

Does the section 8 notice say which ground number they are using for a possession order ?

We really need to know which Ground is being used.

45002 -- Just to point out emergency legislation stopping evictions, only started its 1st reading through Parliament yesterday

The 1988 Housing act remains in force still for know 

You can follow the legislation below

https://services.parliament.uk/bills/2019-21/coronavirus.html

The bill is only 239 pages long !

until the new law is enacted, judges will have no choice but to evict if a valid S8 is served using Grounds 1 - 8. If Grounds 9 - 17 are used, they have discretion and will probably not evict.