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Lea_HTH

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Lea_HTH last won the day on January 26 2016

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  1. Firstly, and most importantly, what type of tenancy do you have? I can deduce from what you say that it is probably an assured tenancy - but check your tenancy agreement to be sure as it might be a shorthold. Secondly, what notice was served on you? It should say on the notice whether it is a s8 or a s21 and should indicate clearly if the former, which grounds they intend to apply for possession under. What are those grounds? They will be listed as numbers, anything from 1 to 17 or any combination of those numbers. It may make sense for you to scan and redact the notice and post it up
  2. There is no legal obligation to have a written tenancy agreement. Guidelines are guidelines, they are not law.
  3. Your understanding is wrong, the contract cannot be 'changed', it will be ended by the joint tenant giving notice and a new tenancy agreement will need to be created, hence the fee.
  4. It was acerbic - nothing wrong with that. Re council tax - liability ends on moving and notifying the council that the move has taken place. The council or the LL would find it impossible to enforce against someone who informed the council of the correct dates of leaving. Also, OP can legally vacate the property on the last day of the term without notice - LL does NOT remain entitled to rent until notice is given. The legal term is over - it no longer exists and therefore, so long as no property remains, the tenancy is over on that day and so are all liabilities. If you have bee
  5. Whilst it may appear 'harsh', Mariner's post is actually fairly accurate - it is your own fault. Notwithstanding that, your situation isn't as dire as you, or the others responding, seem to think. Firstly, in the absence of a signed, written agreement, the verbal agreement is perfectly valid. The issue each party would have is proving that what they say is accurate is in fact accurate. In this instance, it goes in your favour, as the default position would be for a 6 month tenancy, which the documentation you have, and your version of the verbal agreement matches. So, you have a 6 month t
  6. If the LL has served a s21 (two months notice would indicate that is precisely what he has done), and if he returned your deposit (for whatever reason), then the s21 is valid and there is no defence you can put forward. The most you can hope for in these circumstances is for the judge to give 42 days - however, given the date of the notice (March) and the date of the hearing (September), I would expect the judge to give a possession order within 14 days. None of the rest of what you have said is relevant in relation to the actual possession proceedings in relation to a s21 notice. There i
  7. The mortgagor will find a buyer as quickly as possible as there is not much equity in the property and the longer they hold onto it, the more at risk is their security. It would be nice to think they'll do all they can to get the best price possible, but that is not the same as them actually doing so. ALL repossessed properties sell at lower than market rates - GUARANTEED. This is why judges are so keen to allow a mortgagee the time to sell the property themselves...in order to realise the best possible price. It's not an option as OP already stated they had refused.
  8. CAB's advice is shockingly wrong. You have a buyer for £64k, and your outstanding mortgage is £58k (does that include the £4.5k of arrears?). If the mortgage company repossess and manage to sell the property for £64k, you are going to be left with a horrendous shortfall, as they will add all manner of fees to the mortgage for the cost of repossession, preparing the property for resale, security etc., and those costs are often in the tens of thousands. Even at the lowest end, you are looking at around an additional £15k of costs on top of what you already owe. If you sell, you will
  9. I don't think, given your response above, that you actually read what I wrote. 1. 'Play nice'...I'd say you're stuck between a rock and a hard place - deposit was in old tenant's name, not yours, and also seems the tenancy agreement was a joint and several one...that means that if the LL wanted to 'not play nice', he or she could claim the full rent for the three months you occupied the property alone and 'rent free'. 2. Your bargaining position is much weaker than you appear willing to acknowledge. 3. You cannot give valid notice to quit by 4th April, LL would be entitled t
  10. Notwithstanding the 'advice' given in this thread, the OP has a couple of difficulties. He/she wants to leave - great, give valid notice to quit and go...BUT if the new tenancy started on 5th March, that means the old tenancy ended on 4th March, or became periodic on 5th March...which means rent was due on 5th March and OP is still in occupation and hasn't given notice. Too late to give one month's valid notice to quit for 4th April, valid notice to quit would now end on 4th May. Secondly, 'advice' has been given about the 'illegality' of not protecting a deposit of £520, but nothin
  11. There's your problem...you agreed to the referencing and that is what your money paid for. Rather than kick up a fuss and pull out, you should have stuck to your guns and started re-negotiating. The LL was clearly keen not to have a void period, and he would likely have accepted the lower rent rather than miss out on maybe two months rent looking for new tenants. Too late now...but in my view a court is highly unlikely to rule in your favour - there was no acceptance of your offer as in between that and the contract was the matter of referencing. The referencing took place, theref
  12. What was your response to 'shall I give the OK to start the referencing'?
  13. No. Unless you are in Scotland or Wales. Worse, SMI is changing from a 13 week wait following applying for benefits to a 39 week wait...and from 2018 it'll be a loan. Silly, unnecessary changes that mean homeowners who fall into difficulties due to job loss are far worse off than renters.
  14. The above is untrue. Where a mortgage term is expired, a judge has no jurisdiction to stay a possession claim - s/he will be obliged to grant possession.
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