My landlord is being evicted by the freeholder.

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    My landlord is being evicted by the freeholder.

    I'm wondering if anyone on here can help me? I recently moved into a shared accommodation, where I payed two months rent in advance, with the second month acting as the last months rent. It's coming close to paying my next months rent, when my flat was visited by someone claiming to be the freeholder, informing me that my Landlord has not been paying rent to them and that they are evicting them and taking court proceedings against them. I was told to stop paying rent to my landlord, change the locks and invited to enter into talks with freeholder to form an agreement so myself and my other housemates can continue to live in the property. Any advice on how I should approach this. My major concern is losing my last months rent, as if my landlord is evicted, is the freeholder obliged to honour my agreement with the previous landlord (in regards to my last months rent already being payed for) or should I pursue the landlord to return the funds. What do I do?????


    #2
    Originally posted by Jonny David View Post
    I recently moved into a shared accommodation, where I payed two months rent in advance, with the second month acting as the last months rent.


    I have serious questions as to whether that qualifies as a deposit and hence need protecting by the landlord.

    Originally posted by Jonny David View Post
    It's coming close to paying my next months rent, when my flat was visited by someone claiming to be the freeholder, informing me that my Landlord has not been paying rent to them and that they are evicting them and taking court proceedings against them. I was told to stop paying rent to my landlord, change the locks and invited to enter into talks with freeholder to form an agreement so myself and my other housemates can continue to live in the property. Any advice on how I should approach this. My major concern is losing my last months rent, as if my landlord is evicted, is the freeholder obliged to honour my agreement with the previous landlord (in regards to my last months rent already being payed for) or should I pursue the landlord to return the funds. What do I do?????
    Do you believe every random person who knock on your door claiming to be a superior landlord? Talk to your landlord, not some random stranger. Find out what's happening. Your tenancy for the moment continues with the landlord with all rights and liabilities, so you can't legally just stop paying rent to them.

    As to the more general question at the end, it's complicated. I would suggest speaking to Shelter for advice, or see a solicitor.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    Comment


      #3
      What type of 'shared accom'?
      Is your LL one of the other sharers?
      Please complete & paste https://forums.landlordzone.co.uk/fo...ll-new-posters for this 'shared accom'.
      My crystal ball is at the cleaners.

      Comment


        #4
        Unless the freeholder hasn't changed in a very long time, you can obtain their details from the Land Registry for £3.

        It would also be useful to establish whether your landlord are on a purported AST, or have a long lease, as it affects the formality of the process by which they would be evicted (have their lease forfeited).

        Unfortunately people do illegally sub-let, and the worst cases do tend to be HMOs. If they are illegally sub-letting to multiple people, they are likely to be breaching HMO law, so, as well as the standard questionnaire, could you say how many people are living in the property, how many storeys it has, and confirm that all the people are not from one extended family. Also, are there notices informing you of who manages the property and are there mains powered smoke detectors?

        As others have suggested, someone knocking on your door, rather than your landlord, could be the scammer.

        Comment


          #5
          Your landlord is whoever it says is the landlord on your tenancy agreement.
          Whether they can let the property or aren't paying the freeholder is their problem, not yours.

          You shouldn't change who you pay rent to unless you receive notification that there's been a change of ownership and who your new landlord is.
          It doesn't matter if it's a scam or the person who knocked on the door is telling the truth, you shouldn't do anything.
          If the freeholder does evict the landlord, you'll know about it in advance.
          The freeholder can then let the property to you, or they'll have to evict you.

          And the "last month's" rent ploy is a scam to avoid protecting a deposit (and I'd guess you've seen the last of that money).
          Unless it's confirmed in the tenancy agreement, there's no way of knowing what month the "last" month is going to be.
          When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
          Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

          Comment


            #6
            If you need further help call Shelter, 0808 800 4444.
            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

            Comment


              #7
              Coming from a practical point of view.

              I would echo speaking to your Landlord first. I would state that, clearly, this is a worrying situation. If they don't live in the same house then you're the one at risk of being dumped on the street without [imediate] Notice.

              There is certainly a possibility that a High Court Eviction is carried out but this isn't going to be for, at least, a few months.

              I would be looking for reassurances from your Landlord that this isn't going to happen. I would be leading with that if they can't gaurantee the availability of the property then the contract would appear pointless. Let me be clear - legally you have to pay your rent. This doesn't prevent you and the Landlord reaching an alternative agrement. Perhaps paying your rent weekly? Or indeed, leaving the property.
              There is always scope for misinterpretation.

              If my posts can be interpreted in two ways, one that makes you feel angry and one that doesn't, I meant the latter.

              Everyday is an opportunity to learn something new.

              Comment


                #8
                You can't be evicted without notice - both county court and high court bailiffs have to communicate with the occupants of a property as well as the owner. Didn't used to be the case for HCEO, but it is now.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment

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