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MrShed
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Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
As a secure tenant, you are more likely to end up in the result Ell-enn has mentioned, provided you present your case as she mentions (i.e. proof of employment, offer of overpayment moving forward etc, combined with your recent sizeable reduction in arrears). -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
Can you post the full wording of the eviction notice, having removed any personal items? And when did you originally move into your property? -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
And of course a suspended possession order is always possible (and potentially quite likely, due to the reasons Ell-enn has stated above). -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
It also very much depends upon the type of tenancy you have. There is ALWAYS point in going to such a hearing. -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
Well, hold on - it is at the end of the day only my opinion. Of absolute key relevance is the grounds listed on the notice of intended possession. -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
Stranger things have happened, but in my opinion the court effectively has its hands tied here. Although any court, with discretionary or mandatory grounds, is likely to take into account extreme hardship cases. When was the notice of intended possession served also? -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
For your information. I assume that you are an assured tenant? What was the exact wording of the notice of eviction? -
Shared tenancy
MrShed replied to concernedmother's topic in Residential and Commercial lettings/Freehold issues
Its OK its now the little star at the bottom of each post And you are welcome, please come back let us know how your daughter gets on. -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
Presuming you are an assured tenant, and also presuming that the eviction is under Section 8, grounds 8, 10 and 11, then I am afraid I see no other result than possession order being granted. Should the arrears stand at greater than £544 at the time of the hearing, the court is obligated to grant possession - there is zero discretion for the courts in this case. I'm sorry I have no better news. -
Shared tenancy
MrShed replied to concernedmother's topic in Residential and Commercial lettings/Freehold issues
I would advise that if your daughter goes into this, she at least goes into it eyes wide open. Its not neccessarily a bum deal, but she mustnt think it is a tenancy, because it is not. I would advise that bearing in mind that your daughter would have zero security, this should be compensated by paying less to friend A than half the rent. The "proper" way to do this would be to approach the letting agency and ask them to either perform a formal assignment of tenancy or, more likely, ask them to mutually terminate the previous tenancy and create a new one with your daughter on the agreement. If they went down this avenue, then the letting agent MUST (and it is in your daughters interests for them to do so) perform a full check out and check in, and return deposits then re-take deposits. I realise this sounds like a faff, but it prevents massive mess later. -
Shared tenancy
MrShed replied to concernedmother's topic in Residential and Commercial lettings/Freehold issues
1) Yes. 2) Of course - friend A is entitled to make an agreement (or not) with anyone she sees fit. 3) Major - your daughter would be a lodger of A basically, and have no security of tenure. How long is left on the fixed term of the tenancy, if any? -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
What is the monthly rent (or weekly)? -
Illegally sublet! Help
MrShed replied to zebedee23's topic in Residential and Commercial lettings/Freehold issues
You are a lawful subtenant ONLY if the original TA between owner and your landlord did not explicitly prevented subletting. In any event, you cannot be evicted until "your landlord" is lawfully evicted. -
Help eviction!!
MrShed replied to worried of darlingon's topic in Residential and Commercial lettings/Freehold issues
What is the monthly rent? -
If you have not used available locks, then this will be seen as negligence on your part, and as such liability for the cost incurred as a result of this is your own. I sympathise (I dont use all locks, and I doubt the majority do) but that is the legal position I am afraid. It is a direct result of your failure to use all of the locks that the landlord cannot claim from insurance.
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