AST's term expired, no new let, no-one's collecting our rent

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    #16
    to clarify, my landlord hasn't been abroad/in hospital, etc. he's simply an incompetent idiot. and possibly ridiculously rich.

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      #17
      Originally posted by jeffrey View Post
      I disagree. L may be extremely busy, or abroad, or in hospital/prison. There are many reasons why the non-receipt of income might not be known.
      I disagree. If you are too busy to check your bank account occasionally then you are probably rich enought to employ someone else to do it and then to get on to the LA/the non-payers on noticing discrepancies. With online banking, there is no reason why being abroad should make any difference at all. In hospital - very unusual to be in hospital for 10 months and most people who are, generally appoint someone else to oversee their business affairs. In prison - unlikely to be a LL of an student HMO if in prison, as ex-convicts are unlikely to be granted HMO licences.

      What are the rest of the 'many' reasons?
      '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

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        #18
        Originally posted by jennyweasley View Post
        to clarify, my landlord hasn't been abroad/in hospital, etc. he's simply an incompetent idiot. and possibly ridiculously rich.

        The facts would indeed seem to support this interpretation.
        '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


          #19
          Originally posted by mind the gap View Post
          I disagree. If you are too busy to check your bank account occasionally then you are probably rich enought to employ someone else to do it and then to get on to the LA/the non-payers on noticing discrepancies. With online banking, there is no reason why being abroad should make any difference at all. In hospital - very unusual to be in hospital for 10 months and most people who are, generally appoint someone else to oversee their business affairs. In prison - unlikely to be a LL of an student HMO if in prison, as ex-convicts are unlikely to be granted HMO licences.
          I disagree with your disagreement with my disagreement. As usual, you're living in a pretend version of the real world.
          Many people:
          a. do not have or want online banking;
          b. are long-term hospitalised (inc. mental health establishments);
          c. let on HMOs dating from before the newLabour licensing requirements (so now being in prison would be irrelevant to the new fit&proper test); and
          d. live in countries that lack easy internet availability or, in some cases, even electricity.
          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


            #20
            Originally posted by jeffrey View Post
            Many people:
            a. do not have or want online banking;
            b. are long-term hospitalised (inc. mental health establishments);
            c. let on HMOs dating from before the newLabour licensing requirements (so now being in prison would be irrelevant to the new fit&proper test); and
            d. live in countries that lack easy internet availability or, in some cases, even electricity.
            Some people fit this description. I think we perhaps mean something different by 'many'.
            '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

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              #21
              Originally posted by jeffrey View Post
              I disagree with your disagreement with my disagreement. As usual, you're living in a pretend version of the real world.

              Simply disagreeing with you does not mean I am deluded.

              Please do not get so ratty and rude about it. Perhaps we must agree to differ on this one and leave it at that.
              '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


                #22
                Originally posted by mind the gap View Post
                Some people fit this description. I think we perhaps mean something different by 'many'.
                I agree on that, at least. I did not claim 'most' (= well over half) but 'many' (= a significant proportion, even if only a minority).
                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


                  #23
                  Originally posted by jeffrey View Post
                  I disagree. L may be extremely busy, or abroad, or in hospital/prison. There are many reasons why the non-receipt of income might not be known.
                  Two other possibilities is the landlord is getting paid by S/O, or guaranteed rent.
                  Therefore, he is getting paid.
                  Allow tenants to protect their own deposits. I want free money when they do it wrong

                  Comment


                    #24
                    Originally posted by mind the gap View Post
                    Simply disagreeing with you does not mean I am deluded.

                    Please do not get so ratty and rude about it. Perhaps we must agree to differ on this one and leave it at that.
                    Who alleged 'deluded'? Not I.
                    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


                      #25
                      Originally posted by jeffrey View Post
                      Who alleged 'deluded'? Not I.
                      Since you ask, and for the avoidance of doubt:
                      Originally posted by jeffrey View Post
                      As usual, you're living in a pretend version of the real world.
                      '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


                        #26
                        Good- so no allegations of delusions there. Judgment for the Defendant.
                        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


                          #27
                          Originally posted by jeffrey View Post
                          Good- so no allegations of delusions there. Judgment for the Defendant.
                          Most people would understand 'deluded' to mean divorced from reality/living in a fantasy world, which is exactly what you seem to be saying (about me). So, although I cannot thank you for your honesty, I'll say thank you for your bluntness and sign out!
                          '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


                            #28
                            Still wrong, I fear. You are only pretending that something demonstrably true is not, a common problem with those of the Left. You are therefore not suffering delusions as you feared (nor are you, in your own words, divorced from reality/living in a fantasy world: hence that's not what I was saying!)
                            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


                              #29
                              Originally posted by jennyweasley View Post
                              thanks for the replies! and calm down guys, i've saved my rent money, i'm not a complete idiot. not sure about the rest of my housemates though!
                              There is no such thing as a 'share' of the rent. All joint tenants are jointly and individually liable for the whole of the rent. So you'd better make sure your housemates have saved up too.

                              also, forgot to mention this, but one of the old tenants (one of the one's that signed the 11 month contract) moved out at the end of the contract and a new tenant moved in who also hasn't been made to sign anything. can she be legally made to pay rent?
                              No, insofar as the landlord cannot claim against her for unpaid rent because she's not his tenant. It's the tenants named on the tenancy agreement who are liable, including the one who left. Legally, she's still one of the joint tenants.

                              Comment


                                #30
                                Originally posted by jennyweasley View Post
                                We paid a deposit to secure the property again for the following year but the estate agents didn't make us sign a new contract.
                                What was the alleged nature of this deposit (holding, security, etc)? Because, given that the tenancy has been ongoing since you first moved in, it makes no sense to pay a further deposit. Did you originally pay a security deposit and was it protected in a scheme? If so, that security deposit is still held against the current tenancy.

                                If they ask us to sign a contract now, do we have to sign and pay for the past 10 months?
                                No, you don't have to sign a new contract. However, your rental liability is not dependent on whether or not you've signed a new contract. You're still liable for the past 10 months' rent because the original tenancy is still ongoing, having automatically become a statutory periodic tenancy after the fixed term expired.

                                Can they take us to court for unpaid rent if none of us have signed a contract?
                                Yes.

                                Comment

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