licensee vs tenant

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    when I filled out the possession order when it came to me, I didnt have a solicitor back then.... then I decided to get one to represent me. Whilst it was still on going, my solicitor said to me that they cannot go to the court as they knew what the outcome would be (the judge would grant the possession order for the claimant - so it wasn't in their interest to go to the court.... instead they said they would inform a duty solicitor to represent me... I didn't attend the court and I am also assuming the duty solicitor didn't either)

    The reason why I forwarded on all this info is because my solicitor said that they did not have the right to access my info/court information, as I did not put them down in the possession/means testing application which I sent over to the courts beforehand, so everything was manual from this point on).

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      Originally posted by imjustbait View Post
      I didn't attend the court and I am also assuming the duty solicitor didn't either
      The duty solicitor cannot act for you unless you are there.

      Comment


        Originally posted by imjustbait View Post
        then I decided to get one to represent me. Whilst it was still on going, my solicitor said to me that they cannot go to the court as they knew what the outcome would be
        That's complete rubbish.

        If you're have instructed a solicitor privately, then they're not going say the cannot go to court. They're charging by the hour, going to court is one way for them to earn money. They may well be ethnically obliged to advise you that your chance of success is low, so you may want to reconsider instructing them and just go with duty, but that's different to them saying they cannot go.

        If you saw them under a free consult for possible instruction under legal aid. They may well have concluded that you won't be granted legal aid because your chance of success is low which is one of the criteria the LAA consider. In that case, they're not your solicitor, you haven't instructed them. In that case, it wasn't in their interest to go to court because no one was paying them, not because they couldn't go.
        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.

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          ive just received a 'notice: landlord and tenant act 1987 - section 48' from the agency

          going by what previously has been stated, it looks like they have amended the landlord so that it is in their name (the agency)


          *ive also just read that when a section 48 is served, the tenant is then supposed to pay rent* - so reading that, I was not obliged to be paying rent beforehand then...?

          section 48's are 'usually supposed to be included in the tenancy agreement, but of course, as it was a sham licence contract, all of this was not the case...'

          Comment


            Section 48 LTA1987 notice doesn't change the landlord, it merely inform you of an addres in England or Wales at which notices can be served by you to the landlord.

            Not having served it (at any point) would mean rent wasn't legally due, but now that the notice have been served, you're due to pay the rent including those that would had been due from before the service of the notice. i.e. you still owe the unpaid rent.
            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


              Originally posted by imjustbait View Post
              ive also just read that when a section 48 is served, the tenant is then supposed to pay rent* - so reading that, I was not obliged to be paying rent beforehand then...?
              You need to avoid this way of thinking.
              There is zero possibility of a set of circumstances arising where you don't owe rent while you are living in this property.

              In fact your argument that it's a tenancy depends on it, because if rent wasn't due, it's not a tenancy.

              You owe the rent.
              The agent is getting their situation sorted so that they can evict you.
              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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