Ketsbaia Posted July 13, 2009 Share Posted July 13, 2009 It might have been mentioned before by either me or WBCP, but our landlord is a bit of a bellend. Late last year we were threatened with eviction because he didnt meet a mortgage payment, but the day beforehand we got a letter saying we were ok and the eviction was called off. Anyways, its happened again and today we finally got booted out......properly kicked out, complete with bailiffs. What legal rights do we have?? Surely the contract is officially terminated and we can cancel the standing orders, demand compensation, get our full deposit back etc. Any experts here?? Link to post Share on other sites More sharing options...
AyeDubbleYoo Posted July 13, 2009 Share Posted July 13, 2009 I imagine they have breached their side of the tenancy agreement so any obligations you have I would forget about. I wouldn't pay them anything else, but I'm not an expert. Get some proper legal advice ASAP though, you might be technically entitled to sue the landlord but if he's bankrupt you will probably struggle to actually get any money out of him. If the deposit was held in a proper scheme you should get that back, if it was just given to the landlord then you might be out of luck again. Best of luck with it. Link to post Share on other sites More sharing options...
Ketsbaia Posted July 13, 2009 Share Posted July 13, 2009 I imagine they have breached their side of the tenancy agreement so any obligations you have I would forget about. I wouldn't pay them anything else, but I'm not an expert. Get some proper legal advice ASAP though, you might be technically entitled to sue the landlord but if he's bankrupt you will probably struggle to actually get any money out of him. If the deposit was held in a proper scheme you should get that back, if it was just given to the landlord then you might be out of luck again. Best of luck with it. Yeh the deposit is going through the DPS so that should be ok. Any recommendations on where to get legal advice from? Thanks mate Link to post Share on other sites More sharing options...
Mowen Posted July 13, 2009 Share Posted July 13, 2009 I imagine they have breached their side of the tenancy agreement so any obligations you have I would forget about. I wouldn't pay them anything else, but I'm not an expert. Get some proper legal advice ASAP though, you might be technically entitled to sue the landlord but if he's bankrupt you will probably struggle to actually get any money out of him. If the deposit was held in a proper scheme you should get that back, if it was just given to the landlord then you might be out of luck again. Best of luck with it. Yeh the deposit is going through the DPS so that should be ok. Any recommendations on where to get legal advice from? Thanks mate Get Skirge to do it. Link to post Share on other sites More sharing options...
Skirge Posted July 13, 2009 Share Posted July 13, 2009 http://england.shelter.org.uk/get_advice/eviction/repossession_by_a_landlords_lender Most tenants are in a weak position if their landlord's lender wants to repossess the property. But you may have some protection from eviction if your tenancy is binding on the landlord's lender. If not, you will have to look at other options. In many cases, the lender's right to repossess the property overrides the tenants' right to live there. If you think that repossession by your landlord's lender is a possibility you should get advice immediately. Ring these they are by far the best people to help you out 0808 800 4444 Link to post Share on other sites More sharing options...
Mowen Posted July 13, 2009 Share Posted July 13, 2009 As if on cue.... Link to post Share on other sites More sharing options...
Skirge Posted July 13, 2009 Share Posted July 13, 2009 hadn't seen the get Skirge to do it bit.. Link to post Share on other sites More sharing options...
AyeDubbleYoo Posted July 13, 2009 Share Posted July 13, 2009 By the way, how does evicting you help the lender get their money back? Surely they would rather keep you on as tenants and get the rent coming in until they can sell the property? Link to post Share on other sites More sharing options...
Skirge Posted July 13, 2009 Share Posted July 13, 2009 By the way, how does evicting you help the lender get their money back? Surely they would rather keep you on as tenants and get the rent coming in until they can sell the property? If only things were that simple, they are not landlords so will have no interest in keeping a tenant, they will chase the landlord for monies owed and sell the property on. These Buy To Rent mortgages are a nightmare man, created shitloads of twat landlords. Link to post Share on other sites More sharing options...
Jill Posted July 14, 2009 Share Posted July 14, 2009 By the way, how does evicting you help the lender get their money back? Surely they would rather keep you on as tenants and get the rent coming in until they can sell the property? If only things were that simple, they are not landlords so will have no interest in keeping a tenant, they will chase the landlord for monies owed and sell the property on. These Buy To Rent mortgages are a nightmare man, created shitloads of twat landlords. That's if they actually are buy to rent to mortgages - I work in repossessions and most tenancies we come across are unauthorised. It's always tough on the tenants but even if they're paying rent on time to the landlord it's not often it actually reaches the mortgage. Would be a lot more complicated to vary the tenancy agreement so payments are made directly to the lender, so it's easier to boot them out and sell the property unoccupied. Bad luck anyway KSH - but seek proper legal advice. Link to post Share on other sites More sharing options...
Rob W Posted July 15, 2009 Share Posted July 15, 2009 "Yeh the deposit is going through the DPS so that should be ok." make sure you contact them ASAP - but it may take quite a while to get the cash back.......... Link to post Share on other sites More sharing options...
Ketsbaia Posted July 15, 2009 Share Posted July 15, 2009 I've rang them but they need the lead tenant (which isnt me) so I've asked him to ring them up. It took 4 months to get our last DPS deposit back (although it was the estate agents fault) but hopefully that experience can help us this time. I've also been advised to ring the Citizens Advice Bureau, but I'm not sure why. Might also need to ring gas/electricity companies to let them know. Thanks for all the advice btw Link to post Share on other sites More sharing options...
Andy Posted July 15, 2009 Share Posted July 15, 2009 I'm not sure but don't you have to be nominated first? Decky will know more on the subject. Link to post Share on other sites More sharing options...
Jill Posted April 10, 2010 Share Posted April 10, 2010 New protection for tenants: Mortgage Repossessions (Protection of Tenants) Act 2010 Link to post Share on other sites More sharing options...
Gash Posted May 26, 2010 Share Posted May 26, 2010 Didn't know where else put this so i will here. I am so pissed off with my landlord for next year, when we signed for the house they agreed (Verbally, i know stupid should have got something wrote down) that we could pay our rent to tie in with rent payments, now they have said that we need to pay our first one 14th June so i have to use my holiday money. Meaning i can't go. I'm absolutely gutted. Link to post Share on other sites More sharing options...
Neil Posted May 26, 2010 Share Posted May 26, 2010 If there's one thing my 2 years so far at uni has taught me (apart from revising the day before doesn't get you very far) is to be pretty distrustful of estate agents/landlords. Question absolutely anything you're not completely clear about and have anything of any importance written down. Sorry to hear they've been a bastard nonetheless, Ash. Chin up. Link to post Share on other sites More sharing options...
Ronaldo Posted May 26, 2010 Share Posted May 26, 2010 Didn't know where else put this so i will here. I am so pissed off with my landlord for next year, when we signed for the house they agreed (Verbally, i know stupid should have got something wrote down) that we could pay our rent to tie in with rent payments, now they have said that we need to pay our first one 14th June so i have to use my holiday money. Meaning i can't go. I'm absolutely gutted. Tell him you won't pay it. Link to post Share on other sites More sharing options...
Guest toonlass Posted May 26, 2010 Share Posted May 26, 2010 Didn't know where else put this so i will here. I am so pissed off with my landlord for next year, when we signed for the house they agreed (Verbally, i know stupid should have got something wrote down) that we could pay our rent to tie in with rent payments, now they have said that we need to pay our first one 14th June so i have to use my holiday money. Meaning i can't go. I'm absolutely gutted. there's a life lesson for you mate. It fucking sucks but you'll never do it again. Link to post Share on other sites More sharing options...
Keefaz Posted May 26, 2010 Share Posted May 26, 2010 Didn't know where else put this so i will here. I am so pissed off with my landlord for next year, when we signed for the house they agreed (Verbally, i know stupid should have got something wrote down) that we could pay our rent to tie in with rent payments, now they have said that we need to pay our first one 14th June so i have to use my holiday money. Meaning i can't go. I'm absolutely gutted. Tell him you won't pay it. Might be worth a gamble. Say you'd come to an arrangement. The money's just not there for him. Link to post Share on other sites More sharing options...
Gash Posted May 26, 2010 Share Posted May 26, 2010 It really has taught me a lesson. The man was so nice too, he was like James McQuillan from The Apprentice, i thought how can he not be a nice guy. What's the worst that could happen if i say i won't pay? Link to post Share on other sites More sharing options...
Guest icemanblue Posted May 26, 2010 Share Posted May 26, 2010 It really has taught me a lesson. The man was so nice too, he was like James McQuillan from The Apprentice, i thought how can he not be a nice guy. What's the worst that could happen if i say i won't pay? He stabs you in the face, then rapes you in front of your Mam? That'd be pretty bad, like. Link to post Share on other sites More sharing options...
Pilko Posted May 26, 2010 Share Posted May 26, 2010 he was like James McQuillan from The Apprentice and you trusted him with money Link to post Share on other sites More sharing options...
Neil Posted May 26, 2010 Share Posted May 26, 2010 It really has taught me a lesson. The man was so nice too, he was like James McQuillan from The Apprentice, i thought how can he not be a nice guy. What's the worst that could happen if i say i won't pay? He stabs you in the face, then rapes you in front of your Mam? That'd be pretty bad, like. At best, that would certainly be a below-average outcome. Link to post Share on other sites More sharing options...
Interpolic Posted May 26, 2010 Share Posted May 26, 2010 It really has taught me a lesson. The man was so nice too, he was like James McQuillan from The Apprentice, i thought how can he not be a nice guy. What's the worst that could happen if i say i won't pay? He stabs you in the face, then rapes you in front of your Mam? That'd be pretty bad, like. At best, that would certainly be a below-average outcome. I don't think they can do that. Link to post Share on other sites More sharing options...
GM Posted May 26, 2010 Share Posted May 26, 2010 It really has taught me a lesson. The man was so nice too, he was like James McQuillan from The Apprentice, i thought how can he not be a nice guy. What's the worst that could happen if i say i won't pay? He stabs you in the face, then rapes you in front of your Mam? That'd be pretty bad, like. At best, that would certainly be a below-average outcome. I don't think they can do that. Technically they need to serve a notice before they do that. Link to post Share on other sites More sharing options...
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