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

[Blackout234]

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?:(

My common sense tells me that the landlord is just looking for an excuse to evict you.

Thanks moving, it was MA I meant.

Please call Shelter. If you have a six month tenancy agreement, then he can't evict you unless you haven't paid two months and he'd still have to go and get an order to do so, which I'm guessing he hasn't done.

My guess is he's not doing this legally, not told mortgage company he's letting, or that he has another lot of people willing to pay much more and thinks you'll just move out. Or perhaps he doesn't want you there if you are going to get housing benefit- some landlords don't take social housing tenants unfortunately and I'm not sure he has to accommodate this if you want to change how you pay.

You will have to go at 6 months though, even if you fight this now, as the contract will just be up. It may be better to go sooner rather than later as this will be nearer your due date- but of course when you have found somewhere else.

Do call for decent housing advice though- this advice line is usually open longer hours but is just working hours for this week:

england.shelter.org.uk/get_advice/how_we_can_help/housing_advice_helpline

this is all kinds of wrong - but bottom line is that OP is/has been paying rent and there is therefore a tenancy, even without anything in writing. She can't be evicted without proper process, that is illegal. This is what the tenancy laws are in place to prevent.

pregnancy irrelevant. State of the place irrelevant - even if it is being destroyed from the inside (no sign of that) eviction still has to go through the proper process.

take charge OP. Lots of good advice here. Use the laws that are there to protect you. If you want to stay after this, get the tenancy put on a proper footing.

If the money has gone into the wrong destination account due to an error by your bank then they are obliged to put it right.

If it was an error by you then you should still contact them about ways to get it back and pay it to the correct account.

In both scenarios, keep all parties informed of what you discover, including your shady landlord if you can. At least keep written notes.

If you pay £325 a month in rent and you owe £975 then, based on those figures alone, you are 3 months in arrears. Coincidently, the length of time you have lived there.

If you have proof you have paid 2 of the 3 months then either the LL is lying or he is not receiving the cash. This may sound silly but are you sure you are paying the right amount? And have you paid the deposit separately to the rent payments? I too am suffering with HG and the brain fuzz that goes along with it is awful. It's so hard to think straight so you have my sympathies.

hence why today we were going to enquire and apply for housing benefit to help with the cost of rent

I think you will find that very difficult if all you can show to the benefits officer is what you have told us.

The short answer is no-one can be evicted without a court decree no matter how bad a tenant or whether or not there are arrears.

You need to speak to CAB,/Shelter immediately.

There are lots of x posts here by the look of things. Do speak to Shelter for advice asap as so many people have said.

By law you are entitled to the contact details for the landlord. This is the case even if you have dealt entirely with managing agents over the tenancy and they are your official point of contact.

I wonder if there is some huge misunderstanding here: perhaps the LL intends to end the tenancy after the 6 months? Anyway, whatever is going on your FIL is way too involved for my liking. I don't understand quite why he feels it is necessary to accompany your partner to the bank, for example.

I don't know why people are saying it's weird a tenant can't contact their landlord. This is why landlords retain letting agents, so they don't get streams of calls from tenants.

He hasn't legally evicted you, Blackout, so don't panic yet :) However, it does sound as though the landlord wants the property back for some reason and may well keep trying to scare you off until they can get rid of you legally.

I went through this last year - and the year before; I kept fighting! It took them six months from the LEGAL, WRITTEN notice to get me out. It'll be wise to start opening up your options so you can move to a more secure home for your baby, but don't imagine yourself on the kerb with your belongings just yet

There are so many things wrong with this set up!

Let's start with the basics......there are only 2 people that can end a tenancy....you (by giving the 1 months notice) and the judge in a court of law. The LL is only able to apply to regain possession of their property through the courts by serving a VALID section 21 notice. The case has to be heard (can take a couple of months to get a hearing date) and the request either granted or refused (if the section 21 is served incorrectly, very common!). All of this is irrelevant as you have not yet reached the end of your 6 month contract. Until the 6 months is up, the LL can't do anything with regards to serving notice.

Whether or not you have signed a tenancy agreement is just a technicality. The fact you have been hopefully paying rent direct to the LL has formed a legal contract and you therefore have the same rights as if you had signed one.

Every person in rented accommodation has the right to 'quiet enjoyment' of their home. The electrician snooping around and finding an untidy house is neither here nor there, you could live in squalor but as long as you return the house in the same condition as it was handed over to you then the LL has no comeback (btw, did you sign an inventory on check in? Or pay a deposit?).

You need to do a couple of things today....1stly, find out where your rent money has been going. If you find it has been put into the correct account then you are laughing because nothing else is important. 2ndly phone shelter and seek their advice. They can point you in the direction of what you can do next once you have the rent question cleared up but you have a very strong case. Should the LL attempt to bully you out just sit tight, this is classed as an illegal eviction and could carry a custodial sentence for him.

Oh and, if you have time, try posting this on the money saving expert House Buying, renting and selling forum. There are some very knowledgeable posters on there who range from being in the legal profession to professional LL's.

You will have to go at 6 months though, even if you fight this now, as the contract will just be up

Not true. He has to take you to court to evict you if you stay after the end of the 6 months.
He also has to serve a section 21 notice no less than 2 calendar months prior to the end of the tenancy if he wants you out. No notice = the tenancy rolls on.

Wowfudge agreed. The landlord is entitled to end the tenancy after the 6 months provided he serves the correct notice. And, as you I think have often said, if a tenant doesn't leave, also needs a court decree to remove tenant, although if tenant has refused to go for no good reason, tenant may be liable for expenses.

Agreed re fil's role.

Incidentally, if OP is in Scotland rather than England a landlord accepting rent with no written lease and no AT5 creates an Assured Tenancy which effectively gives security for as long as tenant wants.

If you have a signed lease then you can't be evicted without due legal process. If your FIL and DP discover that you have been paying rent to the wrong account then it should be relatively simple to get that money back and then pay it to the correct account.

However, if this does happen then you need to set some new ground rules for going forward if you are able to stay in this property. You need to take your FIL out from the middle of this arrangement. You need a telephone and address for your LL. Imagine if there was an emergency with the property, you need to be able to contact him. You need to ensure you pay your rent on time every month.

I'm wondering if your FIL is acting as guarantor and that's why he's in the middle of all this? Even so, you still need to be able to contact the LL directly.

Some of you are saying it needs a judge to end the tenancy. That is not true. The contractual tenancy can be terminated by the landlord serving the correct notice. If a tenant refuses to go , despite the termination , only a court can issue a decree for eviction.

It might seem like splitting hairs but if the landlord has done everything correctly but tenant sits tight landlord can ask for damages and expenses when decree is given.

I don't retain letting agents. Sometimes I use them to introduce a tenant, but I manage the rest myself. I have never had streams of calls from tenants. Only if a problem occurs, which isn't very often thankfully.

It IS unusual that she cannot contact the landlord directly, especially as there is no mention of any lettings agent being involved here. Her FIL hardly counts as one.

1. Go into your bank, or phone them and check your rent has gone through

1. Phone shelter

You can't be evicted for this, however you'll need to look for somewhere else as you're comjng to the end of your rental agreement anyway, and you have no right to stay beyond that.

Next time, don't get a dodgy arrangement like this, the way it's set up, it's clear the landlord is dodgy and isn't doing things by the book.

I would never have got into that situation as alarm bells would have been ringing - but that's because I'm an experienced renter (unfortuneately! Would love to buy...) and after years you become wise to people/ situations like this. It doesn't matter that he's a family friend, doesn't matter if he's doing you a favour, doesn't matter if you're desperate/ finding it difficult to rent for some reason... You have to protect yourself.

Don't trust people. Especially if they don't want to go through the proper channels/ paperwork. There is always a reason people don't want to do things in the normal manner, and it's not ever 'because we know each other/ gentle mans agreement' etc...

I'm sure this has been a horrible shock, and you need to try and keep calm if you can - think of the baby and all that. But in the long run, it will be better not renting from this dodgy man who has no respect for the law or common decency. It will be such a relief to settle down and build your family in a stable situation. Horrible now, but ok later.

Btw, if you're young or income an issue, would your parents/ parents in law act as guarentor?

you could live in squalor but as long as you return the house in the same condition as it was handed over to you then the LL has no comeback

^^ this isn't strictly true. It depends on the terms of your lease. If your lease specifies that you need to keep the property in a certain condition or you can be evicted then that is indeed the case. It's unlikely as 'condition' is so subjective but if you have a signed inventory and photos showing the condition that you received the property in, then condition can be a term of your lease. However this still doesn't change that the LL has to go through due legal process to evict.

Your LL may also have provided a section 21 when you signed the lease. This is why you really need to take all your paperwork to CAB or Shelter. There are too many variables for us to offer tailored advice.

I think you will find that very difficult if all you can show to the benefits officer is what you have told us.

Sorry I see you have a written lease so that at least can be shown. Who does it name as landlord?

There is such a thing as unenforceable clauses, though. And as tidiness is subjective I can't see a court awarding possession based on a couple of baskets of laundry.

I am pretty certain that a tenent has a legal right to the landlord's address that that he/she can serve legal notices. I am certain it has to be a physical address within England and Wales, but some landlords live abroad and would have to use an agent.

www.tenantstips.com/Home/Legal-Help/How-do-I-find-my-landlords-address-when-renting-from-a-letting-agent#.VLPRLsksro0

The judge in one of my (multiple!) hearings said "The state she lives in is none of your concern, unless she has damaged your property. Has she burned the doors for firewood or smashed all the windows?"

Absolutely NOT true that section 21 notices must be served by a court. Landlords and/or their agents can serve them themselves providing that they adhere to the terms of the tenancy agreement and the law. I have rarely needed to use section 21, but have never used a court.

Ehric, we agree with each other on this thread. A tenancy does not simply finish on the date the signed lease ends. If neither party have given notice to quit as per section 21 then it rolls on month by month, becoming what is known as a "periodic tenancy". All that really changes is the fact that no end date is specified. Notice periods and all other clauses you signed up for do not change.

"Absolutely NOT true that section 21 notices must be served by a court. Landlords and/or their agents can serve them themselves providing that they adhere to the terms of the tenancy agreement and the law. I have rarely needed to use section 21, but have never used a court."

We had to take a tenant to court because she was not paying rent during the assured 12 tenency period. She was in jail and refused to sign an agreement to end the tenancy out of spite. (Even though she was in jail so not living in the property and unable to pay rent!) Since both of had signed an agreement we needed court permission to throw her belongings in the bin and relet the flat. Once the eviction had been agreed we had to wait a period of time to alllow her the chance to make arrangments for her belongings to be removed and stored within I think 30 days?? It was ten years ago so the law may have changed.

The court is only needed when the tenant refuses to go or is in some other way uncooperative. A landlord has to serve a section 21 notice before an eviction gets anywhere near court. The court is only used if a tenant wants to fight an eviction.

If you have a tenancy agreement with a fixed term of six months your landlord cannot evict you during that fixed term UNLESS you are in breach of the tenancy agreement e.g. in arrears with your rent.

If you are in arrears, he will be required to serve the proper "section 8" notice on you giving you 14 days to bring the rent arrears up to date. If you fail to do so, he can then issue proceedings against you for possession of his property. You do not have to leave unless a court orders you to leave.

If you are not in arrears, the landlord cannot evict you until the end of the 6 month fixed term.

You need to confirm the position in relation to the rent. Call the bank and check that the monthly rent left your account on 1 Nov, 1 Dec and 1 Jan. Get them to confirm the sort code and account number that the money went to. If this matches the account details for your landlord, you have nothing to worry about. If the money has gone to someone else's account, you will have to find a way to contact your landlord and explain the problem and see if he will give you a chance to get thismoney back so you can pay him.

Shelter and CAB are good sources of advice.

You've been given good advice above. In addition, I'd suggest suggest that you contact the housing department of your local authority where there'll be a housing officer who deals with unlawful evictions. S/he will use their legal powers to require your landlord's bank to provide his home address and will remind your landlord of the legal requirements when terminating a tenancy. If your landlord ignores the legalities, the local authority will prosecute him.