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?:(

Reallytired, yes that is true. In the circumstances you describe a court order is needed. Section 21 will have been served by the landlord or their agent first though.

I have used section 21 only twice in more than 20 years of letting. One did need to go to court but the next did not. Both tenants had posed various problems. The last one in particular was a total arsehole, but ironically he was the one who didn't refuse to go.

he can't "evict you", so don't worry.

he must serve you with the proper documentation, which by the sounds of it, he doesn't have a clue about, so try not to stress.

tell your FIL to tell LL to get in touch with YOU/your DP, in WRITING, stating what rent, he thinks has not been paid, and the dates in question.

You can then reply with evidence that it has, in fact been paid.

he can't chuck you out by passing on a message via you FIL.

IF you are indeed 2 months or more behind in rent, he must serve you with a section 8 notice, and then apply to the court for a possession order, if you don't leave, which he can't force you to do.

IF you're not behind with the rent he can issue a "no fault" section 21 notice, but he must give you at least 2 months notice and this must run in line with your lease. Anything wrong in terms of dates etc will render it invalid.

Did you pay a deposit, and if so, is it protected?

Pop over to the money saving expert housing forum, they will be able to help.

Aplaceinthewinter

"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 is true, it doesn't matter what's written in the lease.

A landlord can write whatever he/she wants in a lease, it doesn't mean that it's enforceable.

No judge would serve a possession order because of how a tenant kept a property DURING the tenancy.

"No judge would serve a possession order because of how a tenant kept a property DURING the tenancy."

I don't know what would happen if a tenant broke the rules of the head lease of a property.

I think a lot depends on what your definition of squalor is. Many landlords like six month assured tenancies as there is no need to qualify what squalor is. I think that my tenancy agreements I have allow me to evict a tenant is the squalor is bad enough for the council enviromental healthy to take action. Even then it would be such a slow and long drawn process it would be simpler to wait for six months of an assured tenacy to be up.

In practice it is next to impossible to evict a tenant during the assured tenancy period unless they are 60 days in arreas for rent. Infact an absolute sod of a tenant could pay enough rent to keep their account 59 days in arrears to avoid eviction. The could make a partial payment on the day of a court case for eviction.

I think a lot depends on what your definition of squalor is.
^^ exactly. Plus I specified the 'condition' of the property and that doesn't just mean squalor. It can also impact on features protected by listings/planning consents,etc. YY in most cases it might be straightforward but that doesn't mean there aren't exceptions.

There are a lot of blanket statements on this thread which could be unhelpful so hopefully the OP will take her paperwork to Shelter or a local CAB who will be able to advise on her situation.

Is it possible that landlord expected months rent in advance plus a months rent, so if jan payment not yet go through, may look from his point of view as though you are in 2 months arrears? Shelter is you're best bet, best of luck with it

True enough above, but OP was talking about lapsed housework - and it really doesn't matter what she was wearing when they visited!! Quiet enjoyment definitely includes staying in bed all day if that's what you want to do.

I am a terrible slattern, but basically hygienic and aware. My landlord was trying to intimidate me, as he knew my health conditions interfere with housekeeping. The judge saw through that.

first you need to check where your nov/dec payment have gone and if jan went and to where/whom

seems weird LL says you own 975 so get bank to check where your money has gone

maybe jan payment was a few days late and again normal for bank hols but should have gone

def get online banking, its a godsend :)

if you have a 6mth lease surely you are entitled to stay there for 6mths then LL can give you notice if he wants

what does fil say? what does tenancy agreement say?

Ok OP. You are 3 months into a 6 month lease. The LL is therefore claiming you have never paid any rent - 3 months - yes?

I think perhaps the standing order has been set up with the wrong account details.

Tell your FIL that you have bank statements to prove Nov and Dec money has left your account. Get FIL to double check the account details of the LL. Send your LL a copy of the bank statements.

Next go into the bank and explain what is happening. Your money might be sitting in an internal account somewhere. (This happens a lot more that you would think it does). Basically if the account number you are sending the money to is incorrect - i.e. the account number doesn't exist, the funds still leave your account and bounce into an internal account held by the bank. The money will probably be held in one of these accounts with your LL's bank. In which case your LL will need to get his bank to trace the funds.

Usually the funds can be matched to the correct customer but it depends how wrong the number is (one digit wrong has a better chance than 3/4 digits wrong) and it depends on what narrative you put on the standing order.

If it just leaves your account as 'rent' then it's got less a chance of being matched up to the correct person. But if it leaves your account as 'rent - Mr A Smith' then it's got a good chance of finding its way to the correct place.

I used to work in this department for a bank and it was my job to match up thousands of £'s lost in money - each day.

The money that can't be matched gets sent to another holding account and then eventually written off (as in the bank keeps it)

Best bet is to get your LL bank details again. Double check that the bank has the correct number and go from there.

Oh and i don't think you can be evicted over this but if your LL genuinely hasn't received the money then I can see why her would think you are not paying the rent and want to evict.

Good luck.

Oh and OP you will have set up a standing order and not a direct debit. I am pretty sure of that.

If is from one personal account number to another personal account number it will be a standing order.

To set up a direct debit the funds need to go into accounts set up for direct debits - and they need a Separate direct debit code. Direct debits are almost exclusively used by businesses or sole traders.

Given the set up of your LL I would highly doubt you have a Direct debit set up. You might have asked the bank to set up a direct debit but the chances are it was a standing order that has been set up for you. The bank teller probably didn't correct you as it's a common mistake people make when wanting to set up a regular monthly payment to someone.

Some excellent advice here. My comment is a little longer-term: shame on FIL for landing his DS, DIL and DGC in this situation. Once this situation is sorted out, he really ought to stop meddling negatively in your legal and financial affairs!

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.

You're right that something feels a bit wrong here, with the FIL acting as go-between with a shadowy landlord.

Good to hear you don't get streams of complaints, but my old landlord definitely would if they were accessible - they're borderline Rachman! I'm so relieved to be in a HA flat now; I've sacrificed a garden & spare room for efficiency & security, and it's worth it.

You need to go into your bank or online banking and find out the following:

1. The date the payments were made (and they will be paid by Standing Order not Direct Debit, only large companies use Direct Debit)
2. The sort code, account number and payees reference quoted on the payments that came from your account.

You then need to contact your LL, advise him of the exact dates of your payments and ask him to check the details with his bank.

My guess is that some information in part (2) is incorrect and the receiving bank have been unable to determine whose account the funds should be paid to.

In circumstances like this, the bank holds the funds in a central account until such times as one of their customers contacts them because they have not received funds that they are expecting and then they match the two up and pay the money across.

Hopefully this can be sorted out quite easily.

With regard to the January payment, it would have gone through on 2nd January or 5th January depending on whether or not you are in Scotland (5th for Scotland).

No judge would serve a possession order because of how a tenant kept a property DURING the tenancy.

That is not correct. See Ground 13 of Schedule 2 of 1988 Act in England or Ground 14 of Schedule 5 of the equivalent Scottish Act.

OP, head over to moneysavingexpert's housing forum here: forums.moneysavingexpert.com/forumdisplay.php?f=16 for more advice. There are many poster on there with in depth knowledge of tenancy law. Make sure you post as much (and as accurate) information as possible:

• tenancy start date (the date the verbal agreement you have with the landlord commenced)
• your move-in date
• the day you pay your rent
• is there a deposit, and is it protected in one of the schemes
• does the landlord have access to the property, or do you share facilities with the landlord?
• does anyone else besides you (and your family) have access to the property
• history of rent payments (do cross check with your bank)

Unless you are a lodger (i.e. excluded occupier) you are by law a tenant and have pretty strong rights. Any attempt to evict you without going through the due process (i.e. court proceedings and appointment of bailiffs) is illegal. Illegal eviction is an offence.

Shelter is a housing charity who will be able to advise, though I believe they are very busy.

Also CAB will be able to advise.

Good luck OP.

Are you sure he didn't mean that he is not going to renew your tenancy? He needs to give 2 months written notice to quit on the date your tenancy ends, then you have 2 choices, sit tight and wait for a "proper" eviction, or move.

Hi blackout I work in housing.

First - if you have paid rent and Landlord has accepted it, it creates a tenancy regardless if no written TA.

Second that tenancy HAS to be a minimum of 6 months, so he can't serve notice to expire before the end of 6 months

Three - he needs to give you notice in writing, 2 months not to expire before end of 6 months.

He actually needs NO reason to evicted you.

If you are in 2 or more months arrears, he can serve a section 8 notice which gives 2 weeks minimum, then court hearing and a court WILL order possession if you are 2 + months in arrears when the notice is served AND when it goes to court.

Contact your local authority and/or shelter. They will liaison with the LL and make sure everything is above board.

Thanks for the advice everyone i really do appreciate it. good news (if you can call it that) is the money went to the right place however it was going into LL's personal account not his rent/business account so when checking his business account he was coming to the conclusion we had not paid the rent. he was still demanding we were out due to "Living in a shit tip" (When in fact I dont think anyone can conclude baskets of washing and a sleeping fiance as a shit tip but hey ho) me and now ex dp then had an argument about it all him believing every word the landlord said (exact words "I can take you to court and have you removed by bailiffs because its MY property") and to cut a long story short i tried to walk out past ex dp and got punched in the throat by now dp. leading to me getting my stuff, the documents for my car and my bank stuff and leaving and returning to my mothers where i then cancelled all direct debits to stuff in his house, informing him of such and telling him he now pays for everything and can now fuck off.
so unfortunately all of your lovely advice has gone to waste, but for a good reason. thank you all again x

Any possibility that the FIL is actually the LL? Or have you met the LL?

Have met the LL personally, fil is not the LL, but see above

by now ex dp. not now dp.

Sorry to hear that. However if there is an agreement with your name on it legally you can't just walk away with no liability. You may still want to call Shelter on this anyway.

Oh well, i'll get onto that in the morning, for now im going to have a good cry and eat ice cream because i deserve more than to be punched in the throat for trying to point out alternatives to living on the streets

If your income is only £100 a week how can you afford £395 a month...it doesn't sound sustainable?

Well you'll be reporting the assault to the Police, OP?!