Eviction letter

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Eviction letter

    Hello

    My 'friends' and I share a house on an AST. Since moving in we have had a number of problems such as the agent not protecting an extra deposit we paid.

    My friends have objected to the poor state of the property and as such withheld some rent. the arrears now come to nearly £2,000. I today got a letter from the Agent's solicitors giving us seven days to pay or we would face eviction. We have never been provided a service address in england or wales. I understand the landlord/agent has to provide us with this info in order for rent to be owing and due. Am I correct in this belief and what do you propose we do next?

    Thank You in advance

  • #2
    Also, to clarify....the sum of £1950 is not equivalent to or greater than the sum of two months rent - not sure if that is relevant

    Comment


    • #3
      Originally posted by eviction_bristol View Post
      Hello

      My 'friends' and I share a house on an AST. Since moving in we have had a number of problems such as the agent not protecting an extra deposit we paid.

      My friends have objected to the poor state of the property and as such withheld some rent. the arrears now come to nearly £2,000. I today got a letter from the Agent's solicitors giving us seven days to pay or we would face eviction. We have never been provided a service address in england or wales. I understand the landlord/agent has to provide us with this info in order for rent to be owing and due. Am I correct in this belief and what do you propose we do next?

      Thank You in advance
      It may be that his service address is care of the agent, in which case you have no grounds to withold rent. You should contact the agent immediately and negotiate about how and by when, you will be able to pay back the arrears. If you do no do this you may well find yourselves subject to a section 8 notice and ultimately a possession order, which can lead to eviction. If the arrears at the point of the court hearing amount to at least two full months' rent for the whole property, that possession order will be mandatory.

      The non-protection of the whole deposit is a separate issue from the rent arrears. Write to LL c/o agent and request the prescribed TDP details relating to the deposit(s) you have given him; say that unless he does so you will be obliged to file a claim for non-compliance. However if the total rent is more than £25k per annum depsoit does not need protecting as it is not an AST.

      I am assuming you have a joint AST?
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


      • #4
        The agent and landlord operate from same office in Scotland. All legal documents are to be sent to the scotland address and therefore no service address in england and wales has been provided.

        Have already started a claim with reference the deposit issue.

        yes, joint and several liability applies.

        Comment


        • #5
          Originally posted by eviction_bristol View Post
          The agent and landlord operate from same office in Scotland. All legal documents are to be sent to the scotland address and therefore no service address in england and wales has been provided.

          Have already started a claim with reference the deposit issue.

          yes, joint and several liability applies.
          But is the property itself in E&W?
          JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
          1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
          2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
          3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
          4. *- Contact info: click on my name (blue-highlight link).

          Comment


          • #6
            yes the property is in england.

            Comment


            • #7
              Originally posted by mind the gap View Post
              It may be that his service address is care of the agent, in which case you have no grounds to withold rent.
              Originally posted by eviction_bristol View Post
              yes the property is in England.
              There's no address compliance [s.47/48 of LTA 1987], the rent is not recoverable by L for the time being, and the Court should dismiss L's claim.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


              • #8
                thank you - so if we get ordered to attend a court hearing, do we just explain this to the judge and would we then be able to claim for any costs we incur as a result of the hearing?

                Comment


                • #9
                  I'm still interested to know what the rent is. If £1950 is less than two months' rent, then yearly rental must be getting close to £25k mustn't it?
                  'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

                  Comment


                  • #10
                    £1700 a month.....the arrears are as a result of one tenant not moving in due to the agent messing up the contract when we moved in. We are all paying our own share of rent but not making up his share.

                    Comment


                    • #11
                      Originally posted by mind the gap View Post
                      The non-protection of the whole deposit is a separate issue from the rent arrears.
                      Other than possibly making a counterclaim for the unprotected deposit plus 3x sanction against the rent arrears??!
                      Borat hope his post are some help. Borat thinks people should double check anything someone who refers to himself in third person says...

                      Comment

                      Latest Activity

                      Collapse

                      Working...
                      X