Illegal Eviction

[weymouthuk]

Dear All

 

I really need your help right now. I live in a building which consists of a shop on the ground floor and three properties on the above three floors.

 

On Wednesday of this week, all of us in this building were given a letter by the owner of the building and (at the time) current landlord explaining that as of that day, the lease for the building was now in the control of the shop owner on the ground floor.

 

The following day I came home to find a hand written letter from the new landlord as per the attachment below.

 

I am not in any debt with my landlord of any kind. Today he has visited telling me I have 28 days and if I got within that time, he will give two weeks discount on my rent.

 

I was on an Assured Shorthold Tenancy with the previous landlord (and the overall owner of the building) which has since lapsed into a monthly rolling periodic tenancy. The new landlord is claiming I have no contract with him and therefore he is only required to give me 28 days notice to leave. Is this right?

 

All of us in the building are being subjected to the same version of events and we are all pretty frightened right now.

 

Carl.

 

PS: If you are unable to read the letter, the text is as follows:

 

Dear Mr. Carl

 

My name is X X. I'm the new owner of the building. And I need my flat 3 for my stuff. You can have one months notice. In mean time you can pay your rent on Lyods TSB account number x Sort code X. Please inform me when you can move out.

 

Many thanks.

[mariner51]

If you have an AST, now SPT and your neighbours' the same, your new LL has not got a hope with current approach, until he issues a valid s21. Will take him at least 4-6 months to get a Court repo order.

Did you pay previous LL any deposit at start of T?

[weymouthuk]

Hi

 

Yes I did pay a deposit way, way back.

 

I've been told tonight that the only person that an issue the Section 21 notice is the person I have a contract with, in this case, the original owner of the building as I do not have any contract whatsoever with the new Landlord.

 

Carl.

[mariner51]

Carl, your contract is with new owner/LL as per his letter informing you he is new owner and which account to pay your rent. He inherited your orig AST in purchasing the property and is now resp for your deposit from old LL.

[blitz]

Your AST agreement on a periodic tenancy will still apply regardless (it gets inherited essentially and isn't optional for the new ll) and the new LL can issue a s.21 (2 months notice + court order before eviction not before). That note certainly doesn't apply and its up to you how to play it (i.e tell him later in the month or when he asks etc to maximise the time you have in the property). During that time it might be worth confirming that the past and new landlord that the deposit has been transferred to the new landlord to avoid problems with that at the end (Again new landlord responsible for paying the deposit back).

[weymouthuk]

Gents. There is some confusion here. The new Landlord is NOT the new Owner. The Owner has leased the building to the new Landlord but the Owner (who I originally leased the flat from) is still the Owner of the building.

[assisted blonde]

The owner may own the freehold but he may well have sold a lease to the new person, suggest you contact a housing advice charity for assistance on this.

[weymouthuk]

Blimey this is a complicated business isn't it? But hey, regardless of who should be giving the notice, I am correct in saying it should be a section 21 notice giving at least two months to leave from the next rent due date?

 

This guy has told me, if I go within the next 28 days, he'll give me two weeks rent free. Yeah right!!!!

[stu007]

Hi

 

Irrespective whether the new landlord owns the whole property or is leasing property the new Landlord still has to properly serve a S21 giving at least two months.

 

It is correct that the new landlord has inherited the agreements and all rights and responsibilites you have with the old landlords agreements.

 

Therefore anything you had in your agreements with the old landlord still stands with the new landlord.

 

Is it just you that has been aske to leave or the other properties as well?

 

Also write to the new landlord requesting confirmation of which Tenancy Deposit Scheme your Deposit is held in.

Edited March 11, 2012 by stu007

[weymouthuk]

Thanks stu007. It's all tenants in the building. "I'll give you 28 days and two weeks rent free". Stinks to high heaven this whole thing.

[stu007]

Hi

 

It sounds like this new landlord wants all of yous out then and yes it does stink but you play him at his own game and dont let him away with anything.

 

From now please keep everything in writing send recorded delivery if you can. If landlord tries to speak to yous just inform them that you wish it in writing and will not discuss it verbally.

 

Remember to try and get the other tenants onside as the more voices the better so to speak.

 

* Now I would check with your local Council that your new landlord is registered as a private landlord with them. (You may need to check whether you local Council actually do this as some councils dont but please check this out).

* As it does seem like he is wanting all tenants out I would advise looking for alternative accomodation also during this period so yous are not left out in the cold as and when the new landlord gets the court order I would be cautious.

* Do write to the new landlord and ask for written confirmation as to which Tenancy deposit Scheme your Deposit is in.

* Remember your new landlord is responsible for all repairs as per your agreement.

 

Didi yous all have a move in inventory done to condition of property?

 

Finally keep everything in writing a paper trail in the best.

[mariner51]

Stu, I wouldn't alert new LL to deposit resps. When he finally serves s21 and he reaches Court hearing, s21 should be thrown out, if served before all deposit requirements met.

I woild have Council private res housing officer tel no on speed dial from now on. (Protection from illegal eviction/harrassment)

 

If new LL wants all Ts out and has already offered minimal financial inducement (carrot & stick approach), it puts all Ts in a strong negotiating position when he realises he has no stick other than legal repo & eviction, which could take several months.

All Ts should meet and consider what their 'price' is sep & together. Agree to record/share ind approaches. Agree mutual min compensation. Time limited as LL will eventually get repo via valid s21.

Check local planning applications for submissions to develop the site.

[weymouthuk]

Can one of you advise me what should have happened regarding deposits?

 

To recap then, all I have had in terms of correspondence about this whole thing (indeed all any of us have had) are the two letters below.

 

 

Edited March 11, 2012 by weymouthuk