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Should I wait for eviction?


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Hi, hoping someone can advise me please.

 

I borrowed the money to pay for 6 months lease on a house through an estate agent who told me it would switch after the 6 month period to monthly payments; they have now reneged on this and have sent a bill for the next 6 months rent - which I do not have. I have nothing in writing to support monthly rental payments.

 

I was working part time 6 months ago - not enough to pass a credit check; I don't have a guarantor and I do not have money for any agency fees, and so it seems a real possibility that myself and 13 yr old child will become homeless at the end of the tenancy.

 

Checking around on gov and shelter websites, they seem to suggest staying in the house until I am served an eviction notice in order to get help from local council etc.

 

Surely this can't be right?

 

Can someone advise me as to whether I cancel the tenancy as I would at the end of the period if I had a place to go to; or should I ignore the landlord and stay put? Any advice welcome please.

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Have you challenged them on what was originally agreed? And gotta admit. its strange , to me at least to hear an EA charge 6 months upfront like that instead of month to month

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

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Is the estate agent managing the property for a landlord ? if so you could contact the landlord and see if they will take monthly rent

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Hi

 

I am going to move your thread to our residential as it will be more suited there for the advice you need.

 

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"they said".

 

Have they provided proof? For all you know they could be lying. Again.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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I take it that you currently have an Assured Shorthold Tenancy for 6 months?

 

If so when that comes to an end it automatically goes into rolling contract and as long as you pay them monthly

(which I would setup a standing order to the EA for the rent)

- Then the EA / LL would have to go down the eviction route (but for what???)

- when they have a tenant that is paying the rent on time and looking after the property.

 

What a LL wants most is tenants that pay rent on time and look after the property and not cause issues with neighbours.

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"they said".

 

Have they provided proof? For all you know they could be lying. Again.

 

I have no way of checking either way. And tbh I'm not all that interested in staying, BUT I have not got the means to rent elsewhere at this time, nor can I afford another 6 months rent to stay where I am.

 

"they said".

 

Have they provided proof? For all you know they could be lying. Again.

 

I have no way of checking either way. And tbh, I'm not all that interested in staying, BUT I have not got the means to rent elsewhere at this time, nor can I afford another 6 months rent to stay where I am.

 

I take it that you currently have an Assured Shorthold Tenancy for 6 months?

 

If so when that comes to an end it automatically goes into rolling contract and as long as you pay them monthly

(which I would setup a standing order to the EA for the rent)

- Then the EA / LL would have to go down the eviction route (but for what???)

- when they have a tenant that is paying the rent on time and looking after the property.

 

What a LL wants most is tenants that pay rent on time and look after the property and not cause issues with neighbours.

 

This sounds like the best idea...BUT...

 

- will my deposit still be secured?

- EA want to charge £120 for staying a further 6 months [or for leaving], will I still have to pay this even if I'm not signing a new AST?

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no signing a new tenancy no siging fee.

The LL has no say in UK law and the EA know this but they get fat fees if they can convince you that you must do as they say.

Do you honestly think that either the LL or the EA want to pay massive fees to go to court and then fail to get the eviction? The Ea cant do anything of their own backs so if they do start with a move to court you can challenge their locus standi on this action. No express authority from LL and they pay all your costs for the wasted time (and no eviction)

They can return your deposit if they wish but I bet they wont, the LL would go mental if they did. Wont change the tenancy either way

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- will my deposit still be secured?

 

Was it secured originally? If so, it will likely continue to be secured till you eventually leave.

 

...even if I'm not signing a new AST?

 

Do you have your original AST? Was it a monthly AST? It is possible to have a six-monthly AST but that seems unlikely.

 

Have they issued you with a Section 21 notice? This is a notice to start the process of ending a tenancy. Agents will often do this even if they expect the tenancy to be renewed as it puts pressure on tenants to sign up and pay the agent's fees.

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Was it secured originally? If so, it will likely continue to be secured till you eventually leave.

 

 

 

Do you have your original AST? Was it a monthly AST? It is possible to have a six-monthly AST but that seems unlikely.

 

Have they issued you with a Section 21 notice? This is a notice to start the process of ending a tenancy. Agents will often do this even if they expect the tenancy to be renewed as it puts pressure on tenants to sign up and pay the agent's fees.

 

Haven't received Section 21, just an invoice with 3 options [1] sign for another 6 months and pay via bank/building society cheque [2] get re-reference (or a guarantor) at a cost of £370 [3] move out. None are within my means at this time.

 

I've applied to local council and they have no interest as I have a roof over my head, I'm categorised as LOW requirement. As with a lot of other people I have to wait to be kicked out before I can get any help there, if any at all.

 

Thanks to those that have replied, I don't want to stay longer than I signed up for, but I feel better knowing the law about it. :D

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