I have a problem!

[Innocent_tenant]

Hi there forum

 

I was hoping for your advice/comments on the following:

 

• myself and a co-tenant entered into an assured shorthold tenancy with a person that represented that they were the landlord of a property;
  
• we paid rent in cash (which was collected from our flat each month as the landlord's agent had other properties to collect rent from also) and we were given a receipt;
  
• the term of the tenancy was six months (started in April 2010) and so the fixed term expired in October but there is a clause which says that it will then continue on until either party gives a months notice to the other to terminate;
  
• we came back to our flat last Thursday to find a notice from a debt collection/repossion company celotaped to the door saying that we had been occupying the flat without the consent of its client, the purported registered owner;
  
• we did a land registry check and this does seem to be the case;
  
• we have tried to contact our landlord but all numbers go to voicemail and the agent cannot get in touch with the landlord either;
  
• the notice asked that we vacate immediately however after speaking to the debt/recovery company, we managed to agree that we would vacate in the first week in January 2011 (we had paid rent up until the middle of January);
  
• we have also been asked to make sure that all utility bills are paid up (our rent was all inclusive and all bills were in the landlord's name) - we replied by stating that we have paid rent which included a proportion for such bills and so if anyoen is to be pursued by the registered owner of the flat then it should be our landlord and not us;
  
• we installed a BT line into the property and now will have to pay circa £300.00 to buy out the 12 month contract (as we will have to leave before the 12 months have expired);
  
• it appears as though the landlord may well be a rogue and so we have been payign rent to someone who did not allegedly have the authority to rent out the property, although we acted in good faith at all times.
  

ANY COMMENTS AS TO WHAT OUR RIGHTS ARE!?!?!?

 

Thank you in advance and my apologies for the distress call!

 

Yours faithfully

 

 

Innocent_Tenant

[maroondevo52]

Hello and Werlcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.l

[NewSAHD]

Aside from any other considerations:

 

- did you pay a deposit?

 

- is there a gas supply / gas appliances in the property? There is a legal requirement to have them checked each year and that responsibility now rests with whoever has taken on responsibility for management. If you were dealing with a rogue you need to ensure the property is safe for you to live in (including but not limited to gas, electricity etc)

 

- have the Police been advised and do you have any idea how widespread the problem is? Christmas is a horrible time to be receiving notices like this, so (personally) I'm thinking who else this impacts upon too

 

- minor, minor point your Agreement says 'one months notice', but that's not strictly the case. For a landlord to tenant, in VERY broad terms, it's always a minimum of two months notice for an Assured Shorthold Tenancy

 

- the BT bill was, perhaps, a risk when you moved in anyway on a 6 month contract, but have you spoken with them to negotiate?

 

So long as you are not out of pocket (save BT), the property is safe, and you have somewhere to move to then seems you have, perhaps, had a lucky escape. As to your rights they are limited where a property is being repossessed. I thought there was a sticky on CAG about this, but can't see it now. I do recall that Shelter, however, have some very useful information at http://england.shelter.org.uk/

 

Hope that helps and good luck

[Surfer01]

If you transfer the phone to another property sometimes you will not need to pay an early termination. They may also be lenient if you supply proof of the lease and the unexpected termination. We have never had to pay the £120 connection fee as most times if you search hard enough it is free.

[CRH71]

Having just been in pretty-much the same position as you (albeit, in my case we got two week's notice of the eviction and were actually present at the time of eviction) I can't add much more than the proverbial "tea and sympathy".

 

However, I have to say that BT were fantastic. Like you, I was inside contract and dreading making "that call". I did, though and they suspended my line whilst I went into temporary accommodation and then connected me up, free of charge, at my new house, carrying over the remainder of my contract.

 

Call them, and explain the situation to them - I found them really sympathetic and helpful. Clearly, they've come across this before and are willing to help the poor old tenant who finds themselves in this situation through no fault of their own.

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.