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swisspie89

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  1. Hello hello, But of an unfortunate situation here and in need of some useful advice Girlfriends mother wasn't paid last month, then her company went under - leaving her redundant and with zero notice. She informed letting agent (who manage property) that she haddnt been paid, her company no longer existed and would not be able to make rent this month. They reacted very agressively and kicked off saying she was now in breach of contract bla bla. She is more than aware of this but thought they were doing the right thing by speaking to them and being honnest. Having been good tennants for four years and never missing a single payment this seems very uncompasionate of the letting company who have now said that they will be issuing section 21.... Of course this is very stressful - job lost with no notice, and now greif coming from LA. She is very quickly looking for other employment and is going through JSA to get anything she may be entitled for during the interim. LA have said they want nothing to do with it and the LL doesn't care about personal situations - he wants rent. End. I suggested she speak dirtectly with the LL but the LA are standing royally in the way and not allowing it.
  2. Well it's now been 3 days since he was instructed to move out and he has heard nothing. Odd.
  3. Hi All, I have another thread running at the moment about a friend of mine who has been unfairly dismissed and is now unlawfully evicted. The discussions on that thread and advice from Shelter all highlight a very interesting point and a potential loophole. I used to work for the same company and lived in company accommodation. I was advised that since this was just an “accommodation agreement” between myself and them that a lot of the laws surrounding tenancies would not apply. This included the requirement to hold my bond in a government scheme. It has now come to light that this may not be true. According to Shelter and other professionals, my friend is living there under what is deemed a “Service Tenancy”. No matter what the company write in an “agreement”, Law will always prevail and provide the hallmarks of what a legal tenancy is. In this case, it seems pretty unanimous that anyone living under this agreement is doing so as a "Service Tenant”. This puts a whole new perspective on things. He is now protected by the same laws that govern other tenancies. Would it be audacious to suggest that, since it has now been stated he is living under a “Secure Tenancy”, the company would have been legally obliged to hold his deposit in a government approved scheme – not an interest bearing business account? It may seem a bit malicious but this company need a rude awakening. They have wrongly dismissed and evicted a good person, throwing him to the street on Easter Sunday with only THREE days notice.
  4. Ok, no attempt was made to kick him out last night so I'm thinking they learned somthing from their crash course in what they are not allowed to do: It's a shame that we were the ones that had to deliver it. He has a solicitor keen to help him pro bono and we will be meeting with him on wednesday. He has no job, and still uncertain as to when they will start up again with him, but atleast we are over the worst part. HQ Will be open tomorrow so a more realistic vacation time should be negotiated. Did i mention that they sacked someone before for using drugs on company property and allowed this person 28days to leave. His employment was terminated and he was not getting paid - his bond was returned to him in full with no deductions. Free Rent If Caught With Drugs In *** Pubs.
  5. Spoken with Shelter, Council Tenancy Services and Police. I have rights: I am living under a “Service Tenancy”. This means that I am protected by the same laws that protect other tenancy agreements. You do not have the right of eviction. A section 21 notice must be served and a court order for my eviction issued. Only then are licensed bailiffs permitted by the court to force an eviction. This process takes a MINIMUM of TWO MONTHS. This is a LEGAL matter and the police will be called if you attempt to gain access. If you gain access whilst I am not present and change the locks. I am permitted by law to call the police and have them gain access to my flat on my behalf. Preventing me access to my flat by changing locks to my door or the route to it is considered as an eviction. You do not have the legal right to entry whilst I am in residence. Law overrides any company policy you have and unlawful entry is considered trespassing. You have already done this once. It is in the best interest of everyone involved if you now cease all discussions with me until head office opens again on Tuesday. You are acting outside of the law. I have left a voicemail for the Area Manager and await a response. This can all be prevented if you simply allow me a reasonable amount of time to vacate and find somewhere to live.
  6. The appeal goes straigh the person under the company chairman so the issues raised in the appeal letter will certainly hit some nerves. This company live in a bubble and there is a clear difference between HO staff and those on ground level. HO will probably have kittens when they hear all of this. They train their staff in a certain way that they beleive everything the company tells them - that way the company can be extra safe with sensitive issues. It works and is a good idea, obide by what we tell you and we will support you all the way. They are VERY quick to tell you that you are on your own if you start acting by your own rules and beliefs. For that reason, I think they will be concerned about all of this. Its when those at ground level start acting on their own and outside of their level of expertise (pulling pints and bullying people) that things start to go wrong. Unfortunately she did not put it in writing, it was over the phone. My friend does not speak english as his first language so I have prepared him a small list of bullet points to had over when they come knocking tonight. Any simple additions or ommissions would be helpfull.
  7. Thnks HTH. That is all really interesting stuff. We have already moved out some of his heavy stuff - he is going to have to leave at some point, and he has time on his hands now. Ill call him and tell him to stop!! CAB and tenancy services at the council are his first port of call - ideally a solicitor would be great but in practice; where the hell does he get one from intime? It is a pub based job so you can imagine that he does not have money!! I have never had to guide a friend through this kind of trouble - usully i'm good at this and have a really good record with getting justice served, but i'm starting to wonder what else I can do! I have typed his letter of appeal that both apeals AND reveals all the malpractice going on at this pub. This is all at a level that would see about 4-5 people losing their jobs if they are all treated in the same way that they treated my friend. Is is wise to appeal this desicion? he has no desire to work for these people now.
  8. Just retured from a Different police station. They tried to fob him off again but I was there this time to speak for him (there is a very small barrier - amplified by the stress of all this!). I stood the ground and said to them: look, this isn't a civil matter, I can fax you all the details of how it isn't. If they come and kick his door in, will you respond to and emergency call - to which they agreed they would. All though there is nothing for them to report, at least we have now made two police stations aware. They both seem to think that anything related to accommodation and evitcion is a civil matter. Strange that when you think that if caught illegally evicting somone (key is in the name there) they could be subject to a fine and imprisonment. He will be visting the local CAB on tuesday - there was an advice line he called today and they said that they would call him back on tuesday. They seemed very concerned. He will also be going the tenancy services officer/dept to report all of this and hopefully have some help with putting a roof over his head. He has nowhere. Absolutely nowhere. I am living with my GFs parents as we are waiting for our move-in date. His friends all live in shared accommodation. He has no money for hotels etc. We have started to move all of his heavy stuff out - but by god will we make sure that he does not hand his keys over on Sunday. The manager has been witnessing all of this so will probably be laughing away thinking that she'll have him out by sunday. If they do get in there will not be anything for them to move out, but if they change the locks they will have illegally evicted him.
  9. Thanks again for all the info guys - hopefully this is making your blood boil as much as mine. Am i allowed to mention the companys name on here? Update: He has just returned from the police station. They have told him there is nothing they can do and if his company want to kick his door in they can!! they have told him if they change the locks then he is not to attempt entering as it will land him in trouble for criminal damage. Shelter said they would probably try and say this and to force home that it is a legal matter (a very serious one at that). They said they would be happy to fax over all the details and sections that it comes under. Unfortunately they chose not to beleive him! Local Police huh - helpfull as ever.
  10. I would say so. I'll coin that phrase if you don't mind. In light of the only lock sepparating the public from the back of house area being broken anyway, no significant security issue has been caused by Mr X. Infact, more of an issue should be raised by the pub managers negligence in repairing a readilly accesible route to company stock. The ins and outs of his dismissal are something for another day I think. He will need to appeal the decision anyhow before pursing a CD case i think? For now, we are trying to make sure he doesn't get kicked out to the street on a religious holiday and is atleast afforded a reasonable ammount of time to find somehwere to live. A task that is already pretty hard considering his now lack of job. Arn't some people in this world jst lovely?!
  11. It is neccessary for him to enter through a large double gate at the back of the pub. This gate is locked and all tennants have a key. The reason it is lock is becuase when the pub is trading, you can gain access to the kitchen and some dry stock. Interestingly, this lock is broken and has been for some time. So technically - any passing public can gain access to the pub and its stock as the gate is only pushed shut. Maybe the pub manager should get that fixed before dismissing somone for giving his keys to a friend. Giving his keys to a friend becommes immaterial if the gate is open to the public anyway. I could spend all day telling you guys about this company and the way it works internally.
  12. It is outlined in his accommodation agreement that visitors must be accompanied - so technically he has screwed up by giving him the key and asking him to go round check on his flat. Probably warranted a telling off and warning at best. So they definately would not have been allowed to change the locks to his flat even though they own it and felt their buinsess was under threat? He has been dismissed for letting somone have access to back of house areas - I cant see the need to have the locks to his flat changed. I fully agree that this is ridiculous. It sounds to me that they are acting illegally in a few ways here. Under what act would changing his locks being an unlawfull act occur? Who would he turn to for help with such a huge company?
  13. Wow this is all helpfull - thankyou so much. He is living under a "secure tenancy" it is not a requirement of his job to live in the accommodation and is therefore apparantly construed as a tenancy not an occupancy. Yes the contract he has states that "this does not form the bond of landlord and tennant" so they try to get out on that one - however, as mentioned before; it is law that dictates the hallmarks of a tenancy agrement, not a company policy. I am told that the company are in for a rude awakening if they beleive this. He does pay rent - it is deducted from his weekly wages. The flat he is in is all fully contained and he does not share facilites with anyone. He has his own living space, kitchen, bathroom, toilet, bedroom and corridor. They have already changed his locks whilst away on holiday. The advisor i spoke with was pretty astonished. The bailiff talk is just nonesence. Its the manager trying to scare him into leaving on sunday. The irony of all this is - he has been dismissed for giving his friend his key to go and check on his flat whilst he was out of the counrty. He has been dismissed for breaching his accommodation agrement which has resulted in a breakdown of trust and conidence. Construed as gross misconduct becuase by giving his friend his key, he has jeopardised the security of the pub. The disiplining manager works at another outlet and allows somone not working for the company to LIVE in one of the flats there, full alarm code access and all. So all in, they can ask him to leave - he accepts that. All he wants is some reasonable time to do so. He returned from holiday and within 3 days has been made unemployed and forced to the street under some very odd circumstances.
  14. Thanks, Just been on the phone to Shelter. His accommodation agreement means nothing. Law dictates the hallmarks of a tennancy agreement not a companies policies. He is living here under a "secure tenancy" and as such needs to be served with a section 21. If in the worst case scenario the company decide that his accommodation is a "Secure ocupancy" then they still have to give him 2 months notice. Apparantly the company are on thin ice here. Unlawfull eviction carries a fine and possible prison sentance. The manager has already overstepped some boundaries already by the sounds of it.
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