licensee vs tenant

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    #46
    Point your solicitor at this thread.

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      #47
      Originally posted by imjustbait View Post
      (and then they responded to me with the e-mail previously provided saying that the email was served correctly.....? )
      Ask your landlord why that even if they are correct in their assertion that you merely hold a licence to occupy and not a tenancy (which of course you don't agree with in the first place), do they think that they are exempted from the requirements to get a possession order from the court under the Protection from Eviction Act 1977.
      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.

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        #48
        Based on everything i said, you guys' said, and what the solicitor put in the formal letter to them, they e-mailed myself and my solicitor saying 'they will no longer be pursuing the matter'


        funny that isnt it......

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          #49
          I attached the letter the solicitor drew up - omitting pertinent information

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            #50
            Congrats!

            Wonder what else he's fiddling - reporting rent to HMRC?
            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...

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              #51
              i also sent the solicitor an email informing what else/could i claim compensation on/for? I am going to be completely honest, these last two weeks I have never felt so much stress. Not currently working, bills of around £2000 every month which needs to be paid for. Threatening with eviction and then coming around every so now and again to show potential tenants my room -_-

              So I am awaiting back from the solicitor to see what he thinks I could possible also challenge and obtain.

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                #52
                so this would clearly be categorised as a sham agreement. For the people of this forum, what would happen now? I havent heard from my agency since thursday when they sent us the email saying they wont pursue the case.

                1) Does this mean a new AST contract would need to be drawn up?

                2) Does this mean I still or dont have to pay the outstanding rent?

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                  #53
                  1. No.

                  2. Of course you have to pay rent as well.
                  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.

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                    #54
                    Originally posted by imjustbait View Post
                    ............

                    1) Does this mean a new AST contract would need to be drawn up?
                    .......
                    You don't have to agree to any changes to the agreement or to any new tenancy agreement. Indeed you are in a much stronger position staying with the (relevant ones that transfer across) existing terms as the landlord has big problems (eviction, penalty for unprotected deposit).

                    The smart landlord/agent (who might be viewing...) would offer a new agreement at reduced rent.

                    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...

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                      #55
                      I hope that solicitor's letter isn't anything like an accurate copy!

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                        #56
                        It also appears they may not be registered with MARLA/ARLA as well....

                        My friend also informed me that the place I live (not to my knowledge before I moved in here) Is a council block/social housing. He informed me that if the landlord who has a mortgage on this property hasnt actually finished paying it off, that is also illegal/allowed to rent it out, let alone have various tenants.

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                          #57
                          Originally posted by KTC View Post
                          1. No.

                          2. Of course you have to pay rent as well.
                          is this guaranteed 100%?

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                            #58
                            Originally posted by theartfullodger View Post
                            You don't have to agree to any changes to the agreement or to any new tenancy agreement. Indeed you are in a much stronger position staying with the (relevant ones that transfer across) existing terms as the landlord has big problems (eviction, penalty for unprotected deposit).

                            The smart landlord/agent (who might be viewing...) would offer a new agreement at reduced rent.
                            if the situation is currently I havent paid rent, what would be the next step(s) for the agency to do?

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                              #59
                              Originally posted by imjustbait View Post
                              is this guaranteed 100%?
                              Yes

                              Originally posted by imjustbait View Post
                              if the situation is currently I havent paid rent, what would be the next step(s) for the agency to do?
                              Once you owe two month's rent, the landlord can apply to a court for possession of the property.
                              If you owe two month's rent when the hearing takes place, you will almost certainly be evicted and have to pay the landlord's court fees.

                              If you owe any rent at all, the landlord can apply to a court for possession of the property.
                              You may be evicted and have to pay the landlord's court fees.

                              If your solicitor wrote the letter you quoted and that's actually what it said, I'd use someone else.
                              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).

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                                #60
                                Originally posted by jpkeates View Post
                                If your solicitor wrote the letter you quoted and that's actually what it said, I'd use someone else.


                                Is there any particular reason why you said this?

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