Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Money matters

Find financial and money-saving discussions including debt and pension chat on our Money forum. If you're looking for ways to make your money to go further, sign up to our Moneysaver emails here.

Original poster

Landlord says he's starting legal proceedings TODAY.....How much time have we got??

79 replies

swiperfox · 23/05/2005 11:04

He is adamant that we are behind in rent (which we are now, but not as much as he says) We have another house to go to but can't go for about another 10 days or so....

Once he has started proceedings how quickly can he throw us out??

OP posts:
Original poster
swiperfox · 30/05/2005 17:27

Will do SP - had forgotten about that number in the panic!

BDV - can't log on - have been trying to send you a message all afternoon but it keeps freezing How are you?

AAA - Good good long as you're ok - feels like i havent spoken to you for ages!

OP posts:
MrsBubsDeVere · 30/05/2005 17:31

I'm fine thanx, enjoying the weather, having an early night tonight to watch poto. Did you go to the vid shop last week to get it? I didn't realise all this was going on with your shithead of a landlord.

Cam · 30/05/2005 17:38

swiper, I believe that the landlord still has to get a court order to evict you and the court order will give you a reasonable time to be out by if it is proven (by landlord) that you owe rent. Call the police if he turns up on the doorstep (you could actually report him to the police now for saying "amicable" or otherwise - tell them the landlord is threatening to evict you illegally)

Original poster
swiperfox · 30/05/2005 17:47

I hgope so Cam.... was wondering as well if him just sending a letter isn't actual legal 'notice' - does it have to be an official notice to quit so to speak or is it still notice by just mentioning it in a letter?

I did get it BDV but Fin was awake all the way through it then dp came in and was talking to me so didn't get the full effect - still thought it was excellent tho

OP posts:
Freckle · 30/05/2005 17:48

Regardless of the grounds for possession, in this case alleged arrears of rent, the landlord still needs to obtain a court order. He cannot turn up tomorrow and just throw you out on the basis that he has told you this is what he will do. If he does attempt this, call the police and report him for harrasment and attempting to evict you illegally. Get down to your local CAB for more specific advice or a solicitor. You may be eligible for legal aid. By the time he has applied to the court, you'll be out anyway. Be warned, though, that he may still try to recover the alleged arrears, but he will have to provide evidence that such arrears exist.

Original poster
swiperfox · 30/05/2005 17:58

I think i'm going to ask dp to get tomorrow morning off and get us to the CAB with the letter(s). tbh we don't mind paying off the arrears once we have gone from here - although not as much as he seems to think we owe. My main worry was him throwing us out before we have got our new house to go to.

Thanks for the reassurance though - I'm confident once again and prepared to face him now should he turn up!!

My neighbour was telling me he comes to theor house and texts her all the time too and she's sick of him. He's not even the actual landlord - just the eastate agent!!

OP posts:
Freckle · 30/05/2005 18:07

Have you thought of contacting the actual landlord and advising him that his agent is threatening you with illegal eviction?? The landlord would be liable for any fines as the estate agent is acting on his behalf. He might have words with the agent and get him to back off.

Original poster
swiperfox · 30/05/2005 19:54

I just assumed that the estate agent is acting on instruction of the landlords?

Iwouldn't know how to get in touch with them either as it's not a Mr or Mrs, its a trust. However if I do find them I will be pointing out to thewm how the estate agent is with their tenants

OP posts:
Magscat · 30/05/2005 20:05

Hi Swiperfox. Just to add to what some of the others have said. Definately, no way, can he just chuck you out. I work for a Housing Association (although not in Housing Manangement) and I'm sure that even with Assured Shorthold Tenancies the landlord has to go to court and even then you get at least 28 days to vacate after the court grants possession.

As you've mentioned, CAB would be a good idea, if only to get a letter to get the Agent off your back. Which Trust is the landlord by the way? Not a proper Housing Trust I hope ?

If you want me to find out more from my colleages in the Housing office just post back to let me know and I'll contact someone tomorrow.

almostanangel · 30/05/2005 21:44

swiper i will give you a call tomorrow to see how you are if thats ok ? take care ,,and remember what i said ..dont let the ,,,,,,,,,,,,,,,,,,,,,,,,,,,

Original poster
swiperfox · 30/05/2005 22:09

Hi Guys Thanks AAA you're a star

Magscat it's not a proper housing trust - its a building company who just own a load of houses in a trust and rent them all out. I don't know how much they actually have to do with what goes on - the impression I get is it's all left up to the estate agents. Just so happens that the one who deals with us is a smarmy arrogant so and so!! Would be brill if there's anything you can find out about it at work - if there's anything I need to tell you just give me a shout - I'll be here all day - hiding!! lol

OP posts:
Freckle · 30/05/2005 23:06

When landlords employ estate agents to act for them, they don't usually get involved in the day-to-day decision-making, as they assume the agent knows what he/she is doing (in my experience anyway). An agent might refer to the landlord before actually starting court proceedings, but might not necessarily consult his employer wrt serving notice, etc.

I'm fairly certain that your landlords would not be impressed that their agent is acting illegally on their behalf, so it might be worth contacting them (and putting your complaint in writing), if only to drop the agent in it if you're not going to be there much longer.

Magscat · 31/05/2005 14:33

Hi Swiperfox - just to let you know that I've contacted 3 different housing people in my office for advice but getting no replies so far - they are probably all on holiday! (I'm on maternity leave till next week so not sure what they're up to). If I get a reply I'll post later.

I'm still sure that what's been said on here about needing at least 28 days notice is correct.
Was there anything else you need to know?

Original poster
swiperfox · 31/05/2005 14:51

Hi everyone - update....

Have just been to CAB and the lady there said that she thinks he definately has to give a proper 'notice' of 2 months - not just mention in a letter that we should be gone by today. Also I showed her that clause in the contract and she said it's almost certainly illegal and to notify Kennet Housing who will then take action against them

OP posts:
Original poster
swiperfox · 31/05/2005 14:53

Just wondering what to do now. Do I say we are going to leave, give us our depposit and we will work out what rent we owe and come to an arrangement to pay it off and tell him what I found out today?

OP posts:
almostanangel · 31/05/2005 14:54

halo!

Original poster
swiperfox · 31/05/2005 14:57

Hello hows you today? I'm feeling better for going to CAB although i feel very sick having just taken a morning after pill !!!

OP posts:
almostanangel · 31/05/2005 14:58

crumbs swiper ! you need to chill ............................................................................................lol

almostanangel · 31/05/2005 14:59

mouse house ?????

Original poster
swiperfox · 31/05/2005 15:00

Spoke to estate agent this morning - told her the accoountant is back so was going to ring the references agency and let them know so they can do their thing and we can then arrange a date...again!

OP posts:
almostanangel · 31/05/2005 15:02

ooohhhhhhh!!

LIZS · 31/05/2005 15:03

Think you may struggle to get your deposit back while you are in arrears , sorry.

Original poster
swiperfox · 31/05/2005 15:19

How does this sound.....

Thank you for your letter dated 26th May 2005, and for the 'rent book' included. I was hoping for the rent accounts you hold for the last year so I can check them against my own in order to check that the extra amounts I paid on top of our rent have been accounted for and match my bank records. I would be grateful if you could forward these to me as soon as possible.

With regard to vacating the property on 31st May 2005 as you requestesd in your letter - I have been to the Citizens Advice Bureau and they have advised me that you need to submit a formal notice of two months, and also that clause 22, Forfeiture, of our Tenancy agreement is, in fact, not legal and that we should contact the Housing Department in order that they may take whatever action they deem neccessary.

Once I have received the backdated rent book, I will contact you again.

Yours sincerely

OP posts:
Original poster
swiperfox · 31/05/2005 15:57

Have changed it to 'so that they may investigate further...'

OP posts:
Kaz33 · 31/05/2005 16:10

Well strictly speaking he is threatening you with eviction because of non payment of rent. So your last paragraph is irrelevant.

Unfortunately I do not know anything about this area of law.

The agent sounds like an arse and you are being bullied. I think that you just go back and say provide more evidence. Can you provide any counter evidence, details of banked cheques etc...

How much money do you think you owe ? Work it out, when you leave - provide the keys, a cheque for the arrears ( deducting the deposit ) and a letter saying that by banking this cheque they are accepting it is full and final settlement of your debt and that you will have no further liability. Or if you can not pay the full amount work out an installment plan you can afford and detail that.

Then say you are disappointed to have to leave your home but all the problems have not been sorted - ie damp etc after however many years and your continued complaints.

Hopefully the agent will put it in the done pile and leave you alone.