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View Full Version : Dodgy L; deposit unprotected too



scotty2010
29-03-2010, 23:11 PM
I have been refused a tenanacy agreement,Refused reciepts,Payments to be cash-also told to pay C.Tax with rent and i found out house was registered with council from date i moved in as unoccupied/empty--There is something that don't add up I just cant figure it,The rent collector&Person I have a number for claims to be a agent for a company i can not find no record on anywhere,:confused:
--Is this there house to rent--Or am a Paranoid--Can anyone help???

Snorkerz
29-03-2010, 23:30 PM
I have been refused a tenanacy agreement,Refused reciepts,Payments to be cash-also told to pay C.Tax with rent and i found out house was registered with council from date i moved in as unoccupied/empty--There is something that don't add up I just cant figure it,The rent collector&Person I have a number for claims to be a agent for a company i can not find no record on anywhere,:confused:
--Is this there house to rent--Or am a Paranoid--Can anyone help???

Very dodgy. Presuming your tenancy covers the entire property, then in all likelyhood you are liable to pay the council tax to the council - I suspect your local council will not see any of this supposed 'council tax' this year. I suggest you contact the council ASAP and register your residence, this may help if you need to prove your occupation of the property and will prevent the missing council tax coming back and biting you on the bum!

The tenancy agreement would be useful, but not essential - you have, by default, an oral Assured Shorthold Tenancy which gives you the protection of the 1988 Housing Act.

Did you hand a deposit over? Do you have any vague sort of proof about rent payments you have already made (ATM withdrawal slips for example)?

You are entitled to withold rent until the landlord provides you with an addres in England/Wales to serve legal notices on.

You are also entitled by law to be told the landlords details if you write to the agent - I believe they have 14 days to comply.

You might be able to find the landlords name by looking up your rental property on the land registry website - it will cost £4.

If, when you tell the rent collector that you are not paying until you are provided with the service address, and given a receipt for the rent you have already paid, the landlord or agent try to throw you out, then call the police - illegal eviction is a criminal offence. Obviously, this will be easier if you don't open the door to them in the first place.

When you are at the council registering your residency, pop along to the housing office and tell them your concerns - they may know what facilities are available locally to sort this out.

scotty2010
05-04-2010, 20:09 PM
My landlord came round collected rent this month leaving me jus short under 2months arrears,however i have verbally been given 7days to vacate,And hence not enought time to move my belongings or find anywhere at such short notice do i have any rights at all over this

westminster
05-04-2010, 20:31 PM
My landlord came round collected rent this month leaving me jus short under 2months arrears,however i have verbally been given 7days to vacate,And hence not enought time to move my belongings or find anywhere at such short notice do i have any rights at all over this

Unless you're a lodger (a.k.a. excluded occupier) then 7 days to vacate is not enough. However, I cannot answer properly without more info. Questions:


Is the property in England/Wales?
Do you live in the same building as the landlord?
If not, when does/did the fixed term of the contract expire?
Did you pay a deposit and is it protected by a scheme?
How much rent do you currently owe - I mean, rent actually due to be paid in advance, not just arrears.

mjbfire
05-04-2010, 20:31 PM
Basicily need the following information for people to anwer your question
How much rent do you pay a month.
Are you in England or Wales.
Have you a contract and when did it end.
Does the Landlord live with you or share any of your facilities.

scotty2010
05-04-2010, 20:52 PM
1. Is the property in England/Wales?
2. Do you live in the same building as the landlord?
3. If not, when does/did the fixed term of the contract expire?
4. Did you pay a deposit and is it protected by a scheme?
5. How much rent do you currently owe - I mean, rent actually due to be paid in advance, not just arrears.

Reply With Quote


Property is in England
I payed a deposit & rent I am not aware the rent is protected
signed a T/A on on the 11th dec then paid rent 11th jan then it changed to end of month not 11th so end of march 1200owed 500 payed then told have 7days to get out?

westminster
05-04-2010, 21:01 PM
What is your rent per month?

And do you live with the landlord?

scotty2010
05-04-2010, 21:11 PM
What is your rent per month?

And do you live with the landlord?

395 per month

no live alone

Snorkerz
05-04-2010, 21:22 PM
Your landlord can not change the rent due date - if the tenancy agreement says it is paid monthly then it was due on 11 Feb and 11 March. You have paid £500 so you are currently £250 behind.

You can not be evicted without a court order. If the landlord literally 'throws you out' then call the police as this is illegal eviction (punishable by up to £5k fine or 6 months prison).

Your landlord could get a court order, BUT with only 2 weeks arrears his chances are exteremely limited.

scotty2010
05-04-2010, 21:42 PM
so basically if i come from work and i have been evicted call the police--is there nothing that can be done in the mean time,the landlord will not answer my call or proposals,thanks for responce

matthew_henson
05-04-2010, 22:07 PM
To evict because of rent arrears the LL needs to give you what is called a section 8 notice. This tell you that he wants you to leave the property in 14 days on the grounds that you are in arrears with the rent.

You can choose to ignore this notice (and the LL can not throw you out) and it is up to the LL to go to court to get and eviction order (takes about a month) if you are more than 2 months in arrears based on the date you signed the contract and all the LL's paper work is good/dates correct and payment correct the judge will automatically issue an eviction notice. If not (and it sounds not) the judge may not.

Either way you don't have to leave in 7 days but if the LL does give you a section 8 notice and you ignore it, you will most likely be liable for an extra £150 of costs plus outstanding rent which you will be order to pay. The LL may also be able to take the amount you owe from your wages.

The judge will not like the fact the LL changed the payment date

If he tries to evict without following the section 8 route it is illegal, if you intend to stay and catch up with the rent arrears you might think about changing the locks

Snorkerz
05-04-2010, 22:14 PM
so basically if i come from work and i have been evicted call the police--is there nothing that can be done in the mean time,the landlord will not answer my call or proposals,thanks for responce

You might want to have a word with your local councils housing officer. They may be able to get in touch with the landlord and explain the situation.

westminster
06-04-2010, 00:27 AM
You can not be evicted without a court order. If the landlord literally 'throws you out' then call the police as this is illegal eviction (punishable by up to £5k fine or 6 months prison).
Yep, and Scotty could also bring a civil claim against the landlord for damages.

westminster
06-04-2010, 00:42 AM
is there nothing that can be done in the mean time,the landlord will not answer my call or proposals,thanks for responce
As snorkerz says, you can get in touch with the local council. In fact, it's the local authority who generally initiate prosecution for illegal eviction - though obviously efficiency of the council will vary wildly.

See Protection from Eviction Act 1977 (http://www.statutelaw.gov.uk/content.aspx?LegType=All+Legislation&searchEnacted=0&extentMatchOnly=0&confersPower=0&blanketAmendment=0&sortAlpha=0&PageNumber=0&NavFrom=0&parentActiveTextDocId=1499483&ActiveTextDocId=1499483&filesize=103706), which is the statute which protects you (if you're interested). It's a fairly heavy law, and a landlord falling foul of it can potentially end up paying tens of thousands of pounds in fines and damages.

scotty2010
09-04-2010, 17:39 PM
I lL / ll agent are trying to evict me illegally they have gave me 7day verbal notice i signed a T/a and nether got my copy,They say they are coming round to evict me i have 2 kids they have not followed any legal procedure at all--No letter ever been sent at all/no courts--I have been trying to contact the LL/Agent throughout the week to sort the matter and make proposals to stay however the phone number i have is not on ever since i ve been told of eviction,I have been physically been harassed,What shall i do???

Lawcruncher
09-04-2010, 19:17 PM
You must without delay contact your local authority. They will have an officer who deals with this sort of thing. He may be called the "harassment officer" or may go under another name. Have a look at your local authority's website and call first thing Monday unless there is an emergency number you can call.

mind the gap
09-04-2010, 19:23 PM
I lL / ll agent are trying to evict me illegally they have gave me 7day verbal notice i signed a T/a and nether got my copy,They say they are coming round to evict me i have 2 kids they have not followed any legal procedure at all--No letter ever been sent at all/no courts--I have been trying to contact the LL/Agent throughout the week to sort the matter and make proposals to stay however the phone number i have is not on ever since i ve been told of eviction,I have been physically been harassed,What shall i do???

Do you live in the same house/flat as your LL or in a separate property?

If you live in a different house then you probably have an orally-granted Assured Shorthold Tenancy agreement. You cannot be evicted with 7 days' notice even if you owe lots of rent.

Inform the police and ask them to be ready to attend if the LL turns up to try to force you out. What your LL is threatening to do is illegal and he can be put in prison for it. It would be a good ide ato write a short email/letter to your LL or his agent telling them this and saying that if they try to evict you without going through the correct legal procedure they risk arrest for illegal eviction.

If you qualify for legal aid it would be worth having the phone number of a solicitor who can help you.Good luck - this sounds very stressful. I hope the situation resolves itself for you. Come back and ask for more help if you need it.

scotty2010
09-04-2010, 19:46 PM
thanks for the advice--LL phoned an told me to have the keys ready an will have some 1round in the early hours to collect the keys,i have kids at home an all my belongings still in the house,i feel the police wouldnt b interested what so ever?

mind the gap
09-04-2010, 20:00 PM
Ring the local police station and tell them that you have been harassed and threatened with eviction early tomorrow morning. Tell them that you are a lone parent with young children and are worried about their safety.

They should be interested, but if they are not, ring 999 when the LL turns up and explain that you are being illegally evicted by your LL who does not have a possession order.

Snorkerz
09-04-2010, 20:26 PM
Just to back up MTGs suggestion - Illegal Eviction IS a 999 matter. Do not open door to your landlord, and call 999. The police will take this seriously. They could arrest landlord and the magistrates could fine him £5k or send him to prison for 6 months.

Moderator1
11-04-2010, 17:16 PM
Three threads by the same member have been merged here. Please do not start a new thread if you merely wish to continue a previous discussion or report on subsequent developments. It can cause unnecessary confusion (quite apart from losing the connection with facts previously established or legal points previously explained).