licensee vs tenant

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    #76
    Originally posted by imjustbait View Post
    (My friend informed me to not cash the cheque as it would be accepting their error) ....??
    It makes no difference, the cheque is good payment whether you cash it or not.
    Cheques are special documents (one reason they still exist).
    Not cashing it simply means they keep the money.
    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


      #77
      thanks,

      I now have received 'express eviction' from azure informing me court proceedings cannot start till 10th june, and my two months notice is around 26th july 2019.

      I looked at the clauses they stated and they have stated all the clauses where you cannot start court proceedings till after two months, yet theyve selected the proceedings where you can start court proceedings after two weeks.

      topic highlights if/proceeded to court:

      * landlord coming to the property without letting me know
      * landlord creating a licence agreement and then later sending me a how to rent + epc and informing me it was never a licence agreement, it was always an AST
      * agency putting me under unncessary stress trying to find another property in or around february when they informed me i only had two weeks to vacate
      * my deposit not being protected (agency informing me i had never paid a deposit, yet send me a cheque of £250) - where I paid them £400
      no new contract has been sent to me outlining or detailing AST.

      Comment


        #78
        All the above points are irrelevant and no defence to a ground 8 proceeding.

        Comment


          #79
          Originally posted by Jon66 View Post
          All the above points are irrelevant and no defence to a ground 8 proceeding.
          It depends on what grounds they've used, I suppose.

          If the notice uses ground 12, the "confusion" about the license and AST agreements might form part of a useful defence.

          Originally posted by imjustbait View Post
          I looked at the clauses they stated and they have stated all the clauses where you cannot start court proceedings till after two months, yet theyve selected the proceedings where you can start court proceedings after two weeks.
          On the other hand, that should be more than enough to stop the process - the notice isn't valid if that's the case.

          A section 8 notice is usually only useful if there are rent arrears. What grounds have they selected?
          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


            #80
            Originally posted by Jon66 View Post
            All the above points are irrelevant and no defence to a ground 8 proceeding.
            Are you a Judge Jon??

            At the very least those points might get a judge to delay or investigate matters. Time & money...
            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


              #81
              It says they intend to seek possession on grounds:

              8
              10
              11


              (This situation is solely only based around rent.)

              (Based on these grounds, the agency can expedite it to two weeks to start court papers, whereas the other grounds are two months...)

              Comment


                #82
                If you've not been paying rent, and owe two month's worth (when the notice was served and when the court hearing takes place), ground 8 will evict you.

                It's possible that the court will award a penalty for non-protection of the deposit and deduct it from the arrears - that's happened before.
                The rest of the issues that you have raised won't make much difference.

                If you don't owe two month's rent, it's unlikely that a court will evict immediately, but they might award a suspended re-possession order if you agree to fix the rent arrears.

                Those grounds all allow 2 weeks notice, what makes you think the grounds and the period of notice are mismatched?
                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


                  #83
                  no mismatches; observations.

                  The three grounds they chose are two weeks court proceedings. the other numbered grounds are two months court proceedings.

                  Currently I owe around three months rent

                  still no word or documentation regarding DPS or anything like that. However they sent me a key deposit cheque of £250, when before I moved in I paid £400 for the ad to be removed and referenced it 'deposit'

                  Comment


                    #84
                    Originally posted by imjustbait View Post
                    The three grounds they chose are two weeks court proceedings. the other numbered grounds are two months court proceedings.
                    .
                    Sorry, but you're just wrong about that.

                    Currently I owe around three months rent
                    Unless you are lucky with the deposit penalty or you start paying rent, you're likely to be evicted (and be responsible for the court fees), because the arrears will soon exceed the possible penalty for non protection - and the court hearing won't be for a while yet.

                    Why have you stopped paying rent?

                    still no word or documentation regarding DPS or anything like that. However they sent me a key deposit cheque of £250, when before I moved in I paid £400 for the ad to be removed and referenced it 'deposit'
                    That sounds like a holding deposit to me, rather than a tenancy deposit.

                    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


                      #85
                      Originally posted by jpkeates View Post
                      .
                      Sorry, but you're just wrong about that.

                      (what are your thoughts?)



                      Unless you are lucky with the deposit penalty or you start paying rent, you're likely to be evicted (and be responsible for the court fees), because the arrears will soon exceed the possible penalty for non protection - and the court hearing won't be for a while yet.

                      Why have you stopped paying rent?

                      That sounds like a holding deposit to me, rather than a tenancy deposit.
                      lost my position and have found it difficult to get on the working ladder again.

                      Comment


                        #86
                        Once you don't have an address you can rely on, finding work is many times more difficult.
                        Try everything you can not to be evicted.
                        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


                          #87
                          Have you claimed HB or UC? Because if you had claimed when you lost your job, it would be in payment now and the arrears reduced. I will repeat that as ground 8 is a mandatory ground unless you reduce the arrears a Possession Order will very likely be granted as it is a mandatory ground. You need to pay your rent.

                          Comment


                            #88
                            Are there any repair issues you could raise?? The cost of them could be offset against rent owed.... See
                            https://england.shelter.org.uk/legal...g_rent_arrears

                            At the very least raise them, it will delay matters very very likely .... and buy you more time...

                            But, you have an obligation to pay the 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...

                            Comment


                              #89
                              i have received the possession claim order from the court now - it says court hearing is either on 19th july or 21st july. Currently I owe around £3,800-£4,000 which is around 4/5 months rent.

                              My situation is still tight and trying to juggle a lot of financial issues right now. Again, my friend said if I can bring the rent down to 2 months or less than that, I should not be evicted on that basis (before the court hearing). Right now, even doing that is more than likely impossible. I could probably stretch to £1,000 contribution to the agency before the court date/hearing.

                              Secondly, do I have to attend the court hearing?

                              Will this court hearing be for my side of things/for me to explain whats happened?

                              Will the agency be in the court room as well?

                              I have already filled in my means tested assessment sheet the court sent to me as part of the possession claim form received... (hopefully they will take some of that information into effect, but fingers are severely crossed on that).

                              And post this, what would be the likely outcomes and/or if I don't attend court?

                              Comment


                                #90
                                If you as the occupier don't turn up to the possession hearing and the landlord claimant does, you can pretty much guarantee the court will award an order for possession to the landlord. What else did you think would happen.......?
                                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

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