landlord arrears

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  • pawel
    replied
    no landlord reference as i've never rented and they don't accept
    any reference from overseas

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  • Mrs Mug
    replied
    Originally posted by pawel View Post
    We only paid advance rent initially because, being from overseas I did not have a landlord reference and they would not accept my partner acting for me, being a conflict of interest.


    Couldn't you have obtained a landlord's reference from your previous tenancies?

    http://www.landlordzone.co.uk/forums...c-or-statutory

    http://www.landlordzone.co.uk/forums...2-serve-notice

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  • Moderator2
    replied
    Two related threads have been merged.

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  • mind the gap
    replied
    Originally posted by pawel View Post
    Thank-you that is helpful.

    So, the landlord has given me a section 21 to vacate unless i can find over 10k by next week
    to stay on in the flat once my fixed contract ends on February 5th??

    my deposit was protected 40 days after i paid it to them, he protected it after i moved in although not within 30 days, can i ask the landlord not give me this section 21 because he protected it late??

    what will happen then after he return the deposit to me? he can give me a section 21 then?
    If you want to delay matters, you could not mention the late protection issue, let the landlord wait until the s21 expires, let him apply for a court order for possession (as you are not legally required to move out when the s21 expires - he must apply to the court to get you out), only to discover that the s21 is invalid. Then he will have to return your deposit in full and re-issue a new s21.

    It buys you a few weeks or months, if that's what you want.

    If there is damage/cleaning to be paid for at when you do move out,the LL can still try to get it from you via the courts, even if he has no deposit to fall back on.

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  • mind the gap
    replied
    Originally posted by Dinkum View Post

    If the LL does not return your deposit (regardless of the reason), you would still need to lodge a dispute with the TDS. The landlord is then required to submit the disputed amount to the TDS.
    This only applies to non-custodial schemes such as the TDS. If the DPS is used, the money is lodged there to begin with and the T or the L have to claim it back at the end.

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  • pawel
    replied
    Thank-you that is helpful.

    So, the landlord has given me a section 21 to vacate unless i can find over 10k by next week
    to stay on in the flat once my fixed contract ends on February 5th??

    my deposit was protected 40 days after i paid it to them, he protected it after i moved in although not within 30 days, can i ask the landlord not give me this section 21 because he protected it late??

    what will happen then after he return the deposit to me? he can give me a section 21 then?

    Leave a comment:


  • Dinkum
    replied
    Originally posted by pawel View Post
    under the deposit protection rules, does the landlord protect the money within 30 days from receipt of the full deposit or from the commencement date of the tenancy??
    30 days from receiving the deposit.


    Originally posted by pawel View Post
    can the landlord use a section 21 to evict if he has protected the money more than 30 days after he received it?? regardless of when tenancy commenced and was signed.
    If the deposit is not protected within 30 days, the LL cannot use Sec21 to evict. The LL would have to return the deposit to you or negotiate with the tenant regarding the deductions.

    Originally posted by pawel View Post
    if the deposit is held on an insurance scheme and he holds the money in his bank account, if the flat gets reposessed for mortgage arrears and the landlord is unable to return me the deposit do i get some protection that someone will give me this deposit back?
    If the LL does not return your deposit (regardless of the reason), you would still need to lodge a dispute with the TDS. The landlord is then required to submit the disputed amount to the TDS. If he doesn't do this within 10 days, the case is sent to arbitration based on the tenants submission and the Adjudicator can make an award in your favour. The TDS would then pay the disputed amount to you and pursue the LL for recovery.
    /

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  • pawel
    replied
    deposit protection before commencement

    under the deposit protection rules, does the landlord protect the money within 30 days from receipt of the full deposit or from the commencement date of the tenancy??

    can the landlord use a section 21 to evict if he has protected the money more than 30 days after he received it?? regardless of when tenancy commenced and was signed.

    if the deposit is held on an insurance scheme and he holds the money in his bank account, if the flat gets reposessed for mortgage arrears and the landlord is unable to return me the deposit do i get some protection that someone will give me this deposit back?

    Leave a comment:


  • Snorkerz
    replied
    Eviction if the property is still owned by the landlord:
    Landlord may give you at least 2 months notice of eviction but this is just the 1st stage of a 3 part process. More details here but if it happened I suspect there will be at least 1 error on the notice so ask on here when the time comes for info about how to defend the possession claim.
    http://tenancyanswers.ucoz.com/index/being_evicted/0-21
    http://tenancyanswers.ucoz.com/index..._eviction/0-22

    If the property moves to lender:
    By the time anything happens, you will be out of contract so your rights to stay very long are limited because they would be in any other circumstances. However, the mortgage companies usually follow the section 21 process outlined in the above links if your landlord has their permission to let. If the landlord does not have permission to let then they are not tied to the contract but letters will arrive for 'the occupier' (you) advising you of the possession date for the mortgage co -v- the landlord. You can attend that and ask for a delay of possession of up to 2 months under the Mortgage Repossessions (Protection of Tenants etc) Act 2010

    Do not pay excessive advance rent. Indeed in your situation I would consider missing a months rent in order to ensure that both sides owe he same (rent/deposit) and you don't get left with trouble recovering your deposit. I must point out that this is not the correct way forward but sometimes a balance has to be struck between practicality & lawfulness

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  • jjlandlord
    replied
    Lender can evict tenant during fixed term if s.8 ground 2 has been followed. A tenancy agreement for a mortgaged property should include a notice of ground 2.

    If there's no consent to let, I'm not familiar with the procedure.

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  • thesaint
    replied
    Originally posted by pawel View Post
    I feel this is unwarranted and amounts to blackmail so can i claim against the landlord for my costs in moving???
    It doesn't amount to blackmail. No, you can't claim for moving costs. He has no obligation to let you stay, so why would you think he would be liable for your moving costs?

    Do you know if the landlord has consent to let? As the letters are coming addressed to "The Occupier", it suggests so. What seems strange to me is that they have put the amount of the arrears in a letter addressed to someone they know not to be the debtor.

    Hopefully a member will be able to state whether a lender will honour the full term of a contract if they reposses.

    What I would do is tell the landlord that I can only pay 3 months in advance in return for a new fixed term for 3 months.

    If you pay 6 months upfront to a landlord with serious money problems, and rely on getting it back by taking him to court, I wouldn't see that as a fruitful exercise.

    Originally posted by pawel View Post
    and he is asking for this money in the middle of my current tenancy which has already been paid up to date and is unwarranted
    I thought it ended in about 2 weeks?

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  • pawel
    replied
    i have the right to do so, but he has threatened eviction in two months, I feel this is unwarranted and amounts to blackmail so can i claim against the landlord for my costs in moving???

    i understand he has the right to have his flat back, but i feel he is taking advantage of me,by asking for thousands of pounds of money upfront or he has said he will evict me and he is asking for this money in the middle of my current tenancy which has already been paid up to date and is unwarranted

    Leave a comment:


  • jjlandlord
    replied
    Originally posted by pawel View Post
    do i have the right to pay month to month as it said in my contract or do i have to pay six months in advance as i paid originally?
    As per my previous post: Contract says you should pay monthly so obviously you have the right to do so.

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  • Wight Knight
    replied
    Originally posted by pawel View Post
    do i have the right to pay month to month as it said in my contract or do i have to pay six months in advance as i paid originally?
    Yes, under s5(3) Housing Act 1988 the periodic tenancy arising under after the fixed period is under the same terms and conditions. So, if the agreement says monthly payments, then that's what you do, regardless of how you actually paid the previous rent (that issue only arises in an oral or informal tenancy).

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  • pawel
    replied
    yes, i didn't pay too much attention to the letter or the name of the bank until now as the landlord wants me to pay six months again.

    if i pay six months should i try to get him to give me a contract for a new 6 month tenancy? to reflect the payment or should i just continue to live here on a month to month basis, which will be six months anyway asi will have paid it? will a fixed term contract give me more security with the bank if they evict?

    what are my options for recovering the money? should i be evicted by the bank later down the line.

    Leave a comment:

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