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 Can i take off monies due from the landlord out of rent for a service he promised to pay for?
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Additional Details
What if I got married?...


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Additional Details
we are in cheshire, united kingdom....


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raviih
Help Please - My Landlord tell me yesterday to move out tomorrow! ?
Hello there,

I have just found out that the flat I have rented for the past five months is to be repossessed by the lender. I found this out last week when I received a letter addressed to "the occupier" at my address from a firm of solicitors representing the lender, stating that my landlord has defaulted on the terms of the mortgage and the court date has been set for 17th September.
I contact by email my landlord strait away, but he don't reply me back until yesterday.
He tell me "Unfortunately for various reasons I have not been able to stop the repossession of the apartment on 17th September and am currently making arrangements to have all my possessions moved out on Monday/Tuesday to comply with the Notice you have received."
dated 13 september 2008 15:28


He can do that? Is That Legal?

How am I supposed to find another house in 3 days? Its weekend and let agencies are close, and you cant find many private landlord in web sites on-line.
Where my 3 years old daughter is supposed to live if i can t find a house until tomorrow afternoon?


Please tell me if I can do anything else to sort out my big problem!

Thanks for your time!
Best regards
Catia
Additional Details
Sorry this is my first post!
I live in Cardiff, Wales
                     
 




stanthemansmum
Rating
First of all, stop panicking! You have not even had a legal eviction notice yet. Don't bother about CAB for this, phone your local council and talk to the Private Tennants Officer who will be able to help and give you the correct information. Do this NOW!! Get down to your local council and get on the housing list and show them the letter so they can begin to sort it out.

Someone might come out to see you today or arrange an emergency appointment. As this is not your fault. it is very very important that you do not leave the property or you could be seen as making yourself intentionally homeless. The council will put you into temporary accommodation again, don't panic! Usually, when you have small children this is a temporary flat until they can find you somewhere permenant.

Yes, you will have to leave but not for at least two months. Do not pay any more rent until you know your position. It is very unlikely you will get your deposit back - unless it has been put into the Assured Deposit Scheme so that could be lost money.

Do attend the court tomorrow as they need to know that there is a tenant who has not even been given the correct notice. I suspect the mortage company are trying it on as so many do not know the law.

Edit: Please do not go and live with friends and family. Although this is tough on you at the moment, it just could be a blessing in disguise. You have a young child and need security. Your best interests and your child's would be to be in a property where you know you are not going to have to go through this again. Let the council help you now. You are one of the people who are not taking the pi**.


Max Power
Rating
As the bank is repossessing ,the flat with you as a tenant , you rights should not be affected , the flat is being "sold " with sitting tenant , your contract will now be with the bank , just as it was with you old landlord


COLIN T
Just stay exactly where you are, then they will have to apply to a court for an eviction order giving you time to find somewhere else.


RH<3DH!
Rating
Go and see an advisor from the CAB (citizens advice bureau) as soon as possible. They will be able to tell you what to do in your emergency


chieromancer
Rating
Please tell us where you live. I'm guessing the UK, but you should be more specific, as laws are different everywhere.


stinkydoor
See if you can find an email address for the lender's solicitor or the lender themselves; send them an email explaining your situation and politely as for an additional grace time, (say a 10 business days) to occupy the housed while you search for suitable housing for yourself and daughter.

Most people are human if you deal with them politely. Keep copies of email and any correspondence you send.

You did not state your location, so advise is non-specific as to local law or custom.

Good Luck be diligent.


mike
Man Visit this http://www.simple2rent.co.uk Your all Problems Regarding Real Estate will b Solved


farnoush
Rating
best thing to do is see a solicitor or go to your local citizens advice bureau.

also get in touch with the solicitors firm who sent you the letter and question your options?


Sanne
Unfortunately, I can not tell you whether that's legal or not, because I don't know. However, I cannot imagine that doing this to tenants is legal. Why don't you post a question asking if it's legal to get a notice to move out in just 3 days? I know you did, but some folks don't like to read long explanations and skip to the next question.

Do you have the possibility to move in with family and friends until you have found another place to stay? I am so sorry to hear all that. Perhaps you can sew your landlord for not giving you an earlier notice since this way you would have had lots of time to look for a suitable place. Perhaps, you won't have to pay part of your rent or even get reimbursed for a potential hotel stay. The best of luck.


littlemissgio
Rating
Hi, first of all do you have a tenancy agreement? if you do, do you have something called a section 2 ground 2 notice. If so this protects you against this. By rights your landlord has to serve you a one months written notice, or check your tenancy agreement incase it states 2 months. but this is not legal. I would advise you speak to citzen advice. but I am a letting agent and this is the law in england not sure if wales have the same law.


charliebos
It is legal. The interests of the mortgagee (lender) over-reach the interest of the landlord and you as tenant upon reposession. The bailiffs will arrive at the house on the morning of the repossession, remove you and change the locks. You will be given seven days to remove your belongings but have to make an appointment to enter the property to do so.

I have some empty houses in Spalding if you fancy moving to Lincolnshire.


Lily B Talus
go to social services, they should house you at least temporarily


Geoff the skier
Unfortunately quite a few tenants are finding themselves in this position. Following the credit crunch some landlords are finding it tough to keep mortgage payments up. It is deplorable that he has failed to inform you of this problem before it reached crisis point. You would have a strong case against him for damages but he probably doesn't have much money - otherwise he would have paid the mortgage. I fear that the only course open to you is to seek alternative accommodation as a matter of urgency. That is the obvious priority at the moment.


carolina s
Dang im so sorry girl

But legally i thought they have to give you like a notice or something like at least 2 weeks, The best thing i could think of is to stay at a motel for a couple weeks until you find a place?
if not theres a battered women and children shelter you could go to becasue im assuming your single


duckling0224
you can probably use this really cool search engine called google to look up tenant rights regarding this matter. Do a little research and then if you absolutly can't find a solution, call the office of whatever renters association you have.


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