L is in receivership- R changed locks even before I left

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  • L is in receivership- R changed locks even before I left

    Hi Please please I really need some advice the property we were renting was taken into receivership as the landlord lost his mortgage on the house. We at the time had a tenancy running until March 2010 and had paid the rent in advance for this period. When the receivers took over they tried to have us pay again the rent, but we refused and told them to go back to 'our'landlord.

    The receivers then proceeded to take us to county court as trespassers, to gain possession of the property, but when my husband attended court, the receivers were not there and we were told that they had withdrawn the action against us.

    Knowing that we had to get out in March 2010 we decided to go ahead and get somewhere else, we told the receivers/landlord and told them we would be vacated by the end of September.

    On the day of removing some of our remaining possessions, we arrived at the property to find a locksmith who was changing the locks and would not let us in.

    So an update we still have possessions in the property, we have contacted the original letting agent about our £1500 deposit which is in the DPS, and we have had a negative response from the letting agents, and no response from the receivers.

    PLEASE help what is the best course of action?

  • #2
    Sorry to hear about your situation.

    Raise a dispute with the DPS immediately. You should have the prescribed information that tells you how to do it. Else check on their website.

    My understanding is that when receivers are appointed for tenanted properties, they are under obligation to honour the existing tenancy agreement. If you had paid till Mar2010, you were entitled to remain in the property till then. You might have a case for illegal eviction by the receivers - but the more learned folk on here might be able to say more on that.

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    • #3
      Consult a solicitor today who is conversant with landlord/tenant/property laws and illegal eviction.

      When were the locks changed?

      Comment


      • #4
        You need to contact a solicitor quickly, you may have a problem from both sides here. Both you and the LPA recievers/LL are contracted until March 2010.
        Whilst they have probably illegaly evicted you, you may also be in breach of the contract by leaving before the end of the fixed period and could potentially be chased for the rent.

        Now whilst the recievers won't give a 5h1t about the rent as their only obligation is to pass it on to the lender, the LL may' as it is mitigating his debt to the lender and he may sue the reciever for not carrying out their duties correctly, the recievers could concievably chase you in turn.

        Also get onto the DPS straight away too.

        Have you tried phoning the recievers to find out what is going on.

        There is another option if you have the nerve for it..
        How secure is the property, you could break in and remove your goods,
        The reciever would probably never know or be particularly bothered.
        This may particularly be an option if legal advice reveals that this is an illegal eviction and that you still have rights to be in the property.

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        • #5
          You paid rent up to March 2010 and left before then? (Madness in my opinion!)

          But before you got your stuff out, you were illegally evicted.


          Go and talk to your Council's Housing Relations Officer immediately. Don't bother with a solicitor yet, you may get it all dealt with for free.

          And hope for some compensation for illegal eviction.

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          • #6
            Originally posted by chappers2341 View Post
            you may also be in breach of the contract by leaving before the end of the fixed period and could potentially be chased for the rent.
            No and yes: T is never obliged to continue in residence for the whole fixed term but is potentially obliged to pay rent until term expiry at least.
            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).

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            • #7
              Originally posted by jeffrey View Post
              No and yes: T is never obliged to continue in residence for the whole fixed term but is potentially obliged to pay rent until term expiry at least.
              and in this case they had indeed paid for the term.

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              • #8
                Sorry have not replied or kept updated, been so stressed trying to sort this. I have had no communication with the receivers even though we have written to them telling them about some of our possession still in the property and we would like our deposit back. We have put in our request for return of deposit to DPS and the Letting agents are refusing to allow it back, as they have not had any notification from the receivers, so this is now 3 months on and still 'they'hold our £1500 deposit, It is so stressful because without any correspondence from the receivers we cannot do/get anything help once again please....

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                • #9
                  Contact the DPS regarding Single File Claim. This will force whoever is the LL to respond because if they don't you get it all back. From there it goes to their ADR if both parties agree. If your acting LL doesn't agree then you can file in small claims court.

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