House re-possession

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

    House re-possession

    HI there

    You do recall that i had a problem with my dodgy Landlord. well today he had a court hearing and did not attend it and Halifax Plc were granted re-possession.
    As a Tenant I am confused what happens next. i went to court and they have told me that he has till october and i will get a court letter confirming that . i called the bank solicitor and a lady advised me that there will be no correspondance neither from court nor from them but the Landlord has 28 days to pay up the ARREARS SINCE MARCH(unles he made a payment recently) or they will go back to court and enforce the re-possession

    can some one please clarify what you can for us. because we are waiting for the council to rehouse us but without any letter to confirm it it is their words are against mine.
    many thanks

    #2
    As th Halifax has been granted possession, this overrides the tenancy you have been granted despite you having always paid your rent in full when due. Your landlord is thus in breach of his contract (the assured tenancy agreement) he has signed with you. When you get a letter from the court, take this to the council - it will indicate that you are (through no fault of your own) about to loose your home. If the council do nothing, then sit tight. Eventually, you will receive a letter from the court bailiffs stating when they will evict you. Take this to the council and they will then be obliged to re-house you.
    You should continue to pay your rent in the usual way, but consider the possibility of not paying your last months rent as I expect it is unlikely that your landlord will refund your deposit!

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      I accidently met my case worker from the council tonight and he has told me the same thing. many thanks for taken time to clarify it. one small problem he did not have time to explain it to me. if I take this letter that is coming any day now would I be concider automatically homeless and the council have a duty to re-house me ie are they going to give me a letter to say that or are they most probably going to send me to Private again and wash their hands off me?.

      Comment

      Latest Activity

      Collapse

      • Reply to Lodgers left without notice
        by Stew
        Try and look at this with a positive angle, at least they have left the house allowing you to re-let it when you can. They are not sat in situ and refusing to pay rent which would be far worse.

        I was always told by another landlord there is no point chasing people that leave and don't pay...
        03-04-2020, 17:31 PM
      • Lodgers left without notice
        by hoolaholla
        I have 2 student lodgers, I am not at the property at the moment and their rent day recently passed and neither paid rent. When I enquired it transpires they have both vacated the property and are refusing to pay any further rent, their tenancy does not officially end until July. I have a 1 month deposit...
        03-04-2020, 16:52 PM
      • Reply to Lodgers left without notice
        by hoolaholla
        That isn't terribly helpful advice. I am enquiring as to my legal position and not your personal and moral opinion....
        03-04-2020, 17:29 PM
      • Reply to Lodgers left without notice
        by hamilton
        It sounds to me that you are financially over-extended, if you do not have the money in the bank to cover such eventualities. I suggest you sell up, and readjust your expectation of what life owes you.
        03-04-2020, 17:24 PM
      • Reply to Lodgers left without notice
        by hoolaholla
        I am confused by your response, are you suggesting that demanding another 4 months rent as per our agreement is the wrong thing to do? Why is it wrong if this was our agreement?
        EDIT: This was in reply to Hamilton who deleted his reply....
        03-04-2020, 17:23 PM
      • Reply to Lodgers left without notice
        by hoolaholla
        I was living there, but I have returned to the family home due to coronavirus. The house is now unoccupied, its alright for them to deny their responsibilities but I have a mortgage and without such a luxury. It is so unfair.
        03-04-2020, 17:12 PM
      • Reply to COVID-19: Court hearing section 8 vacated
        by Stew
        Given that not much can be done court wise re eviction this tenant's issues clearly had nothing to do with Covid could the landlord at least raise a money claims via the online service?

        Assuming that the tenant does not have a valid concern with you as a landlord and the eviction would...
        03-04-2020, 17:10 PM
      • COVID-19: Court hearing section 8 vacated
        by syrbag
        A court hearing planned for 23 March for rent arrears vacated, tenant 5 months without paying rent, rent paid 2 months in advance. tenant not picking calls and not taking advantage of the COVID-19 situation. anyone in a similar situation and what is the best way to proceed?


        'This...
        03-04-2020, 10:56 AM
      • Reply to Lodgers left without notice
        by jpkeates
        I don't know if you have a legally binding agreement or not.

        If they signed a contract saying they would stay there for a period, they may be in breach of that contract.
        However, you would be entitled to compensation for any loss, which seems to be nil, it's very unlikely that the...
        03-04-2020, 17:09 PM
      • Reply to Lodgers left without notice
        by hoolaholla
        But where do I stand legally? Whatever the current crisis, we still have a legally binding agreement, no?
        03-04-2020, 17:03 PM
      Working...
      X