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Tracy M | I am a single mum being forced to leave my home!!? |
I have been living in the same home for 3 years. I fist rented the property from a friend and signed a lease. A year ago her mother took over the lease and no lease was signed. In october my kitchen flooded and was fobbed off time and time again. It took 3 months for this to be fixed. I had to go through my landlady's agents. My floor caved in with my daughter on top of it. Obviously being very angry i refused to pay rent untill this was repaired, I now have a Notice to Quit. I have one month to find alternative housing, even if i pay the arrears the Notice to Quit still stands.
Where do i stand with no lease being signed, I have asked the agents 3 times to send me a copy of the lease but it mysteriously never appears. |
 |
 
Nev
|
The NTQ is legal. You must contact your Local Housing Aid office as soon as they open. On the face of things it does not sound as if you are in the wrong but there are issues that you will need to explain to them about withholding rent. They will not judge you for it but it will help your case if you have dates and details. As you have a child the Local Authority will initially have a duty to house you, this may cease if they think that you have caused the NTQ but as I said that's legal anyway and there is not a lot they or you could have done about that. The Housing Aid office will also want to know your housing history to ensure that a pattern is not evident. They will also advise you on whether to hold on until the NTQ becomes a possession order, that has to be obtained in court and without it you can't be forced to leave. A NTQ and a possession order are very differant. In the meantime try not to worry but you MUST go and see Housing Aid. They will want to help you and the more time they have to do this the better it will be. Good luck and let me know how you get on. |
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old know all
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Go to your local Citizens Advice Bureau. They will explain all the options to you. |
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robert.neild@btinternet.com
 |
burn the friggin house down that`ll serve the b.itch right! |
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MissE
|
i prolly wouldnt wanna live there anyway but do they have like a real estate institute in the us? thats where re agents get their licence and stuff. usually if theres no lease you have x amount of days to leave and thats it |
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.....
 |
There is no recourse, without a signed lease, they can teminate your residency at any time. However, you may be entitled to compensation for the conditions of the kitchen floor. consult a real estate attorney. |
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Rachel
 |
Maybe this is a good thing...you might find a better place for you and your daughter! Go out and look and see what you can find, you might be surprised. Good luck! |
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gavmel259
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Well with no contract agreement, you are lucky that she has given you one months notice. ( sorry, I don't mean to sound harsh.)
I wouldn't worry about paying any arrears, as there is no contract stating how much you pay, etc. |
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Jenn
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Try your local Tenets Counsel |
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blackpool lass
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your laughing,you can get a council house with no problems,they have got to give you a house, because you have a child.xx |
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Lizzy
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Go to citizens advice as they will need to go to court to get you out of the property as it sounds to me that you are now a sitting tenant which gives you a lot of rights. |
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pvanderkraats
 |
Please note first that I am not a lawyer and this is not legal advice.
Based on some of the words you use, you appear to be in the UK. In the US the laws governing tenants / landlord rights reside with the state and therefore differ. However, I note a couple of things: 1.) You say when the mother took over, no lease was signed. That would mean you are on a month-to-month rental agreement - and means they can give you 30 days notice to vacate (Quit). 2.) You said you refused to pay rent. In the US, if you want to force a landlord to do something like make needed repairs, you should pay the rent into an escrow account held with a bank or lawyer. This shows you are keeping your end of the agreement. Just not paying gives them reason to throw you out.
On the other hand, if you say your daughter fell through the floor due to the landlady's negligence, and you can prove this and that she knew about it in a timely fashion, you might be able to bring suit against the landlady. (At least in the States).
As far as where you stand, unless you want to go to court, you will most likely end up leaving, since, as you say, there is no lease signed. That is why it never shows up.
BTW: What does your freind say of her mother's actions? |
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Natalie Cd
 |
Ok first you should have paid the rent regardless of the floor issue but that said its not the end of...... Her mother took over the property and if she wants you out can do so by giving you notice to quit however, if this noticed was served because you asked for the repairs to be carried out then this is against the agreement the new landlady took over.... most tenancies are nowdays a rollover which eans you do not require a new tenancy each term but some are different.
My suggestion is make an application to the county court for a "Stay of execution" against the move out date infact you can do this and still regain possesion upto 7 days after you have moved out......... take a spreedsheet explaining to the magistrate how you will repay the owed money you held back and state you have been a victim of the landlady ie, she got the hump coz of you asking for repaires,, look humble(ish) and ask for your tenancy to be continued.
In future if you have problems like that which go on for a few months or so continue your rent as "you agrreed" to pay in the begining and if x amount of time has passed fro the date you asked for repaires you can then pay for the repair yourself to a tradesman and providing it cost over £50 you can claim that back in the county court plus any other documented expences you clock up...... ask your solicitor or just ask the ccourt for the application for the stay of execution either can do it and turn up to present your case.
Tell you landlady this is your intention and she may just change her mind quicker than she got the floor fixed....... GLuck
Ow yeah im in the uk .......................... |
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wizbangs
|
First, your friend (or her mother) did not need for you to sign a new lease if she transfers ownership of the lease to some one else. You have no authority there. The only recompense you have regarding a "signed lease" is if the original lease expired and you never signed a new one.
Second, I'd contact your local housing authority regarding the condition of the apartment. If the floor was so unsafe that your baby fell through, you've got some leverage there. I would refuse to vacate and, if necessary, threaten to sue.
Regardless, you lose your leverage if you vacate. So, I would remain there and contact the Sheriff's office (who would serve you the eviction notice) and ask how you appeal it.
Good luck. |
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