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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To think i dont deserve to be evicted over this?!

143 replies

Blackout234 · 12/01/2015 12:38

We've lived in this house from end of october paying rent since 1st of november. my rent came out on 1st of november, 1st of December and I can't 100% say for the 1st of Jan as i've not had this months bank statement yet... Anyhow the 325 came out on the first of november and the first of december no problems, or so i thought.
the landlord is a friend of my father in laws, by the way. and has know FIL since they were kids. Most correspondence goes through fil,for some reason LL never wants to speak to us directly. anyhow, a few days ago LL called FIL to say there was something up with rent and he'd been in touch but didn't give FIL any detail so FIL passed that along to us. Ok. fine. so i dig out my bank statements from nov and dec and find on both occasions rent went out of my accounts. I thought there may have been a problem with this months rent and waited to hear something as we have no number for LL fil doesn't even have a number for LL cos LL calls fil off a private number. today i wake up to dp next to me on the phone, he puts the phone on loud speaker and i hear "im sorry son, LL is evicting you because you're in 975 arrears and the house is a mess, Blackout wasnt even out of bed when the electricians visited"
the house was untidy yes as id spent the night before in hospital with bleeding (Im almost 23 weeks pregnant) and really needed sleep so was just left to it in the spare room. You can't expect me to injure myself for the sake of two dirty plates, crumbs on the unit and baskets of washing in the living room?! I honestly thought unless mold or severe damage to the property was involved its your home to live how you like. btw it was only 9:30AM when electricians visited so not like i slept through the entire evening. I'm gutted we're being evicted. i'm 23 weeks pregnant, can't work much anymore (Self employed) because of various reason so our income is about 100 a week if lucky now as dp is on SSP. i'm so stressed and everything feels so uncertain right now. I don't want to bring my baby to a hostel :( No children yet but pregnant. today we were supposed to go to the job centre and CAB to get advice about what benefits we can claim and if possible could we claim housing benefits as in the last 10-14days our income has taken a large hit so we're struggling.
AIBU to think i dont deserve to be evicted? Why not talk to me personally or my partner and get things straight rather than going in all guns blazing?
AIBU to also ask if anyone knows whats going to happen now cos i dont and im shit scared?:(

OP posts:
Pippidoeswhatshewants · 12/01/2015 12:40

Do you have a proper contract with your landlord?
I doubt that they can evict you like that, but you might want to have a word with Shelter.

Blackout234 · 12/01/2015 12:41

Not really no i've only met the guy once and spoken to him over the phone once while at FIL's. i'm terrified and i dont know what to do right now will look into shelter thanks

OP posts:
CocktailQueen · 12/01/2015 12:42

You cannot be evicted for this.

Do you have a tenancy agreement? Does the LL do inspections? electricians have no business telling your LL about the state of the house if it's just untidiness, and it is none of his business what time you get out of bed! VV weird.

Seems v odd that you don't have a phone number for the landlord - and that your FIL doesn't either, esp. since he's known him for such a long time. Is he telling the truth? Even if LL does want to evict you, he has to do it properly, by serving formal notice papers. It will take months

I'd get advice from CAB if I were you.

Tinkerball · 12/01/2015 12:42

What does your lease say?

Tinkerball · 12/01/2015 12:43

And it very odd you can't contact landlord.

DustyGold · 12/01/2015 12:43

This sounds very odd.
The money for 2 months you have seen go out of your account.
Landlord seems unreasonable and out of order to me. Seek advice and maybe get your FIL to intervene on your behalf as he seems in the thick of it all.

youngestisapyscho · 12/01/2015 12:44

Is he lying then, when he says you are in arrears? Do you have a tenancy agreement?

OstentatiousBreastfeeder · 12/01/2015 12:44

Have you had anything in writing, a proper contract?

DustyGold · 12/01/2015 12:45

Whether you have paid money or not should be easy to prove.
Please seek advice as others have suggested.

NeedABumChange · 12/01/2015 12:46

Are you sure the money is going into the corrrect account? Could the LL details have been given wrongly if these came through fil?

Viviennemary · 12/01/2015 12:47

If the rent has been paid and you have proof on the bank statements the LL can't just say it hasn't been paid. It sounds to me as if he wants an excuse to end the tenancy. And if you knew the electricians were coming you should either have cancelled the visit or made sure somebody was there to let them in. I agree that you can't be evicted for no good reason if you have a contract. Not sure about what happens if you don't have a contract.

OstentatiousBreastfeeder · 12/01/2015 12:48

And you're right, nothing you describe about the way the electricians found the property is even close to warranting eviction.

LadySybilLikesSloeGin · 12/01/2015 12:50

They can't evict you like this, it needs to be in a letter and with 2 month's notice. Your landlord sounds shoddy :( Have you tried to contact Shelter to ask for some advice?

WooWooOwl · 12/01/2015 12:50

The arrangement you have is very odd, and as you don't have a contract there's not much you can do. Same as there's not much the ll can do to get back unpaid rent if there is any.

But tbh, tenants that don't pay do deserve to be evicted, but it doesn't sound like that's the case here.

EamesIsMyHomeboy · 12/01/2015 12:51

Is it going to the right account? I recently found out I'd put the wrong bank details in and a payment was coming out of my account into nothingness and recipient wasn't receiving.

It all sounds very odd.

Tbh I would want to find somewhere.more stable with a baby on the way as this seems all very unsure.

FriendlyLadybird · 12/01/2015 12:51

Do you have a proper tenancy agreement? You can't be evicted for a messy house or getting up late, but the landlord could take you to court if you're two months in arrears. Even then, you wouldn't be evicted if you paid the arrears before the court date.

BUT you think you've paid the rent. I think you or (better) DH should check with the bank ASAP. The money's gone somewhere.

Your not being able to contact the landlord is ringing huge alarm bells for me. Why is everything going through FIL? Who is he acting for?

BeggingYourPardon · 12/01/2015 12:52

Don't panic!

Get a copy of your statements to prove the rent money went out on both months, though I think it said in your OP you had.

Take those to Citizens advice if you can get an appointment today. He can't dump you out on the street.

Blackout234 · 12/01/2015 12:53

sorry, dp was there to let electricians in i didnt just leave them outside. at most we are in one months arreas not three, i cant say 100% if the rent came out this month as we dont have our monthly bank statement yet but i know for the 1st of nov and the 1st of dec money went out of the account and have proof of this. where that went ive no idea.

OP posts:
Groovee · 12/01/2015 12:54

Get in touch with shelter. They will be able to offer advice x

Topseyt · 12/01/2015 12:55

This seems rather a messy sort of arrangement, I am afraid. As landlords ourselves, we wouldn't have it. Too informal and protects neither party.

You really need an official signed up tenancy agreement (signed by both you and the landlord) in order to be fully protected. This should specify what the rent is to be, when the tenancy began, who is to be named on it (can be joint or can be just one of you), what deposit was paid and what the notice periods for either landlord or tenant are. Typically 2 month's notice in writing from the landlord and 1 month from the tenant after about 6 months).

Your landlord should not be evicting you in this way. Go to CAB. Keep your bank statements handy to show you have paid the rent. See what they advise.

Also, if the rent is definitely going from your account, it would be worth checking that the details of the destination account are correct and it is not being misdirected elsewhere. Keep paper copies and written notes of everything.

For good online advice you could look at sites such as landlord forums or landlordzones.

Tyzer85 · 12/01/2015 12:56

OP do you not do online banking?

Blackout234 · 12/01/2015 12:57

I dont know if LL is lying or not however i know the money went out so it could have been a cock up on the banks part and theyve put it through to the wrong account (How likely is that?! i dont know) have sent dp out with fil to the bank to try and find out whats going on as i couldnt get through and hg is making it impossible for me to go out atm

OP posts:
Blackout234 · 12/01/2015 12:57

Tyzer no we dont do online banking unfortunately

OP posts:
Blackout234 · 12/01/2015 12:58

We do have a tenancy agreement we're on a 6 month lease so have 3 months left if that matters.

OP posts:
ReallyTired · 12/01/2015 13:00

See go down the citizen's advice bureau with any paper work you have like a contract. You cannot be evicted that easily and your landlord would have to take you court. Even if you were evicted you would have 60 days notice. To be evicted for rent arrears you need to be 60 days in arrears.

You have come to the end of an assured tenancy then its far easier to evict someone without giving reasons. All you need to do is give two months notice, but it needs to be presented as proper section 21 notice/

england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_of_assured_shorthold_tenants

Do you have your rent desposit in a proper deposit protection scheme. If your landlord has not put the money in a proper scheme then you can sue for three times the amount of your deposit. Also they have prove that they owe you money before a landlord can take money out of your deposit.

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