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Capital V | Can someone tell me where i stand with my landlord going to court to get me evicted? |
on mytenancy agreement it states who my landlord is but does not provide me with his address or phone number. my tenancy agreement ended on 7th january but i have not found anywhere else to stay as yet. back in october my landlords mother went to a solicitor and served me 2 months notice to quit. i ignored this as she is not my landlord nor does it say this on my tenancy agreement. today i have been served with papers to go to court. in this is a copy of the original tenancy agreement which my landlord has amended since i signed it. it now says that my landlord is actually just an agent for my landlords mother (although i was not made aware of this when signing the tenancy agreement and it does not say this on my tenancy agreement) also my landlord has put his address on there. i do know that i wasnt liable for rent whilst his address wasnt on the tenancy agreement. where do i stand with regards to my landlord taking me to court and amending document since i had signed them and am i likely to get evicted since the notice i was served to quit wasnt my landlord but his mother. also since i got pregnant i have non stop harrassment of my landlord telling me how i should spend my money or that i shouldnt be buying new cars. today my landlord came round and told me if im not out then he will cut of my gas and electric. i have a 3 year old and a 1 year old and i am pregnant. i do not want to be inthis property but at the moment finding a new property is proving to be hard due to lack of the, i cant go on the council list at the moment as the list is sky high but i will only go as priority if the court chooses to evict me. i would appreciate some advice other than go and see a solicitor as i know this but as it friday night and they are not open until monday now. i just want to know if any one can advise me of where i stand i am getting really stressed about the whole situation and it would be good if i actually heard something good could come out of this. much appreciation Additional Details ps im in the u.k. forgot to mention that |
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alta
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On my tenancy agreement it states who my landlord is but does not provide me with his address or phone number.
If you ask for that information, it has to be given. Under the requirements of section 48 of the Landlord & Tenant Act 1987 rent is not lawfully due unless the tenant has been given, in writing, an address in England and Wales at which notices can be served. It is usual that the tenancy agreement clearly states the landlord's address for service of notices.
My tenancy agreement ended on 7th January.
Therefore your rent date must be 8th month. If this is correct the section 21 notice should have been served to you before 7th Nov with an end date of 7th Jan 09. If they have not got the notice correct the judge will through it out and they have to start again. The notice will be void if the name of the landlord is incorrect. (see below)
Copy of the original tenancy agreement which my landlord has amended since i signed it. It now says that my landlord is actually just an agent for my landlord’s mother.
The tenancy agreement is a legal document and any changes will make it invalid, or his copy. It really does not matter if he says he is the agent or landlord, but reading through the rest of the post, I would think he is the landlord and has just realised that if it all goes to court, they may want to see his tax stuff ! so better to say mummy is landlord. You can fine out who owns it on Land Registry website costs ÂŁ3 might be worth knowing. If you find he is owner report him to tax man when all this is over.
also since i got pregnant I have nonstop harassment of my landlord telling me how i should spend my money or that I shouldn’t be buying new cars. Today my landlord came round and told me if I’m not out then he will cut of my gas and electric.
Your landlord has no right to come to the property and harass you, this is a civil matter, if it happens again, call the police and make a formal complaint, also call the post office and make a formal complaint, whilst he is in uniform he is a PO employee. He cannot cut your utilities off, they are in your name.
my landlord is called tony his mum is called kath just to simplify things... i signed an agreement saying that tony was my landlord the noticed was served by kath who is tonys mother.
Is the notice in his or her name? You really need to find out who is the actual owner on land registry http://www.landreg.gov.uk/kb/Default...Id=135&catId=2, their name must be on it, or again its void. Who serves it on you doesn’t matter.
i pay my rent to Tony mother
Make sure you have all the proofs of payment, do you pay cheque? If you pay cash do you get a receipt? If not say as of now you want a receipt.
i had noticed he opened my post which was my tax credits payment and i got him done for it along with the false imprisonment (he blocked my entrance ont he same day to getting out of the property) he just got cautioned.
If he does it again report him.
Keep asking him for the gas certificate hes not provided me with that i have informed the council about.
It is illegal not to have a yearly Gas Certificate done by a registered Corgi installer. Health and Safety Executive (HSE) has the power to prosecute. Failure to follow gas safety requirements is a criminal offence and can be punished by fines or imprisonment.
Finally you must go to the council tomorrow with all the notices, if it does go to court, they have to find you accommodation when the bailiffs is booked. Don’t worry the judge will give you and the kids plenty of time. Speak to the health and safety officer, you are a risk from carbon monoxide poisoning. Make sure that every contact between the landlord/mum and you is in writing. You do not have to let anybody into the property, if he forces his way in, its trespass, call the police, they will get fed up with him.
Call Shelter, number on web, they are very good and will give you advice over the phone. GET TO THE COUNCIL !!
Good luck |
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WelshLad
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The best I can offer is as long as you have your copy of the agreement as evidence. Also I recommend you visit CAB asap. |
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Paula O
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You can go to the court to have the eviction suspended on the grounds you have listed previously, you will need to ask for a N244 form fill it in to ask the court for more time until you sort yourself out. Since you are paying rent the judge will be more likely to give you the extra time. From what you have mentioned the landlord dos'nt seem to have any valid reasons to get you evicted. If he is trying to get you out to sell the property I think he is living in a dreamland, properties are not selling that is why most landlords are renting out their properties. Good Luck. |
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Hayley S
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Im afraid now it has gone to court you have no where to stand, my aunt has been through this recently she just went to the council and is in temp accommodation she didn't bother with the courts as it would of cost her money if she went through with it in solicitors fees etc. It came to her knowledge that the private tenancy agreements aren't worth the paper their written on but you should of had a contact address and phone number to contact the owner if needed for repairs etc. I would take this up with your solicitors and CAB as if there is damage to the property he may call upon you for repairs money. |
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Timothy L
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As I understand it This guy is acting as an agent for his mother and all the communication, cash and so on is going through him. This is completely ok - I rent out property and employ an agent to deal with it all and they collect cash etc. Once you have been there for six months (initial tenancies are usually signed up for six months) you have probably reverted to the situation where you can give a months notice and your landlord can give two, unless you have signed for a second six month period. In which case landlord can't throw you out until the second six month period has finished. If you have not been there six months then....
Maybe you have not paid some rent ?From what you say it seems possible. This is never never a good idea. Whatever the legal ins and outs of whose name is on tenancy agreement it is a very bad idea to not pay rent for whatever reason. Because you have not kept to your side of the contract. You need advice and fast - solicitor or citizens advice bureaux and whilst you are at it phone the council as you need to cover the eventuality of being made homeless. |
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Mister Sarcastic
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Is there something you are not telling us, like why are you being evicted in the first place, have you not been paying the rent? If a tenant pays the rent, doesn't damage anything and doesn't disturb anyone, I have a tough time seeing why a landlord would evict anyone. |
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Margaret S
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If your lease ended on the 7th of Jan then why have you not already moved out?
You don't start looking when it runs out - you get organised in advance.
As for all the stuff about who is the landlord/agent - it is a family thing and really doesn't matter much.
You are responsible for rent during your stay in a rented property and a clerical mistake or whatever has no bearing on that.
If you and the landlord dont get on you should have moved out ages ago.
You don't mention a partner but have 2 kids and another on the way. You sound like a disorganised person to me. Perhaps you should be more proactive in your everyday dealings rather than reactive to events as they take place.
Added:- thanks for the further information. The original question was pretty hard to absorb. No paragraphs etc.
I still say it doesnt matter who is down as your landlord or agent. I also say even if the landlord did originally say the lease could be renewed that if you don't get on with him or her and have had all these problems with either of them I cannot for the life of me see why you are still in the place.
Anyone else would certainly have been looking for a new place in at least October last year and been ready to move out on the ending of the lease Jan 7th. |
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bohemian
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I don't see why you think you are not liable for rent during the period in which your landlords address was not on your agreement. You were still living in his property, and the agreement, which you signed, was with him, not his address. As for his mother being an agent, that does indeed sound dodgy. I would let them take you to court, but keep up to date with your rent and bills. If he is such an ****, perhaps you would be best off looking for some alternative accommodation in the intervening period. |
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LOZ
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man your are being screwed over big time!!!
if your tenancy is different to the copy you have that must be against the law.
youve got to have his address and fone number incase of emergencies too.
you need to find out his solicitor and check both agreements over his and yours.
it dnt sound like the landlord has even gone through the proper proceedings to have tenants in that house - it sounds like he has dumped you in there and expected you to pay the rent.
if he had gone through proper proceedings then you should have had letters from the solicitors too saying you are being evicted.
i would go and seek advice from somewhere like there should be a website on free advice on landlords and tenants.
i would still go down the council and ask for a home just incase you are booted out
even ask you family to have you incase of emergency.
it dont sound right what happening - im sure if you were in court he would be in the wrong |
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