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Absolutely URGENT advice needed!!!!


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Could do what seminole?

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

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Not without a court order they cant.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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I believe to just change locks even on grounds of abandonment and prove this is very difficult. Especially, as I mentioned that I had personal documentation relating to myself and my daughter there and I had also written to the landlord to explain what I was doing!

 

Regarding social landlords; I am now rehoused with a Housing Association and the estate manager I deal with did advise me herself that the previous tenants of the property I now have, had 3 dogs (which was against the tenancy as no pets are allowed in the flats) and they were taken away from the RSPCA due to being left alone here, they sublet the property and they were not living here however, the housing association still had to go to court and seek and order for possession and notice to quit plus wait for the keys to be handed back by these previous tenants on the said date, prior to being allowed to legally enter the property and make good for my arrival! Baring in mind the actual breaches in their tenancy!

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It does yes....but it basically depends upon what type of tenancy they have. Basically all private landlords and nearly all HAs use ASTs(assured shorthold tenancies). This allows the landlord to gain possession but only via court order. The reason for this is that it is up to the court to decide if the contract has been breached SUFFICIENTLY to evict. With regards rent arrears in particular, virtually no court will grant eviction until the tenants is at least 2 months in arrears.

 

Hope this helps seminole :)

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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It does yes....but it basically depends upon what type of tenancy they have. Basically all private landlords and nearly all HAs use ASTs(assured shorthold tenancies). This allows the landlord to gain possession but only via court order. The reason for this is that it is up to the court to decide if the contract has been breached SUFFICIENTLY to evict. With regards rent arrears in particular, virtually no court will grant eviction until the tenants is at least 2 months in arrears.

 

Hope this helps seminole :)

 

Out of curiosity, my current tenancy with the HA is an assured non shorthold tenancy - don't suppose you could advise me as to what this means in layman's terms?

 

My last one was under an assured shorthold tenancy and, I never was in rent arrears, as stated previously, I could even prove that I paid my rent about 3 days early every month!

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An assured tenancy is not my strong point. However, in laymans terms it gives you more rights and a stronger security of tenure than an assured shorthold tenancy - basically you are in a better position as a tenant that you previously were.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Actually, much simpler than that when I've checked into it. Assured tenancies do not have the option of the guaranteed possession with 2 months notice that ASTs do - you can only be evicted for breach of contract(rent arrears etc). This is the only difference as far as I can see.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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You're very bloody welcome :) means I learn something as well!

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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You can't really pay the final months rent from the deposit, this is possibly stated in your contract, but they can not change the locks on the property. It takes up to three months to remove a person from a property through legal channels. Even if you remained in the property not paying rent for two months a landlord has no right to change the locks. Your contract was until May 18th, you gave then no indication you were leaving early, so why then would the landlord assume you had vacated? I think there are contractual breeches on both sides here. I'd advise you contact your local Citizen's Advice

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In theory, you cant pay the rent with last months deposit. In practice, it makes little legal difference - no court in the land will award a final rent payment when the landlord holds the equivalent as the deposit, it is the "right of offset" that allows this.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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Re the deposit acting as last month's rent, I understand that it is not 'common practice' to use your deposit as your last month's rent however, I provided the landlord with a very lengthy written explanation to my reasons behind this giving concrete examples and the bottom line to my having to do this was due to lack of good faith (on their part) and the fact that this was the only way in which I could guarantee that I would not be taken advantage of.

 

Rightfully or wrongfully, I took the attitude that I would rather them have to approach me for any dilapidations then me, having to pursue court etc in order to obtain my deposit back.

 

A few os the reasons I gave were:

 

1. 62 days from reporting a repair to a blown down fence to having the repair done. Repair men confirmed they were only advised to do the job 3 weeks prior to job being undertaken.

 

2. 3 written requests for proof of electrical safety certs - never ever provided.

 

3. Written request for work needed to leaking outside gutter and drains - advised this falls into my remit?!

 

4. Written request for work needed to outside access for garbage disposal - was advised this was my remit! Took 2 weeks, an environmental health warning, a legal adviser stating that it was work to the structure so not my remit and my giving them 7 days to complete the work or I would get it done and deduct the amount from the rent before they got this done.

 

5. Various verbal requests, 2 written requests and 7 months to fix the taps in the bathroom which were back to front (i.e. cold water coming out of hot water tap and vice versa causing scolding to my daughter).

 

6. Landlord stated in contract that there were no collection actions, etc..on address and if any became known then I would be advised in writing immediately - from start to end (and still ongoing) I had the property raided by 7 police officers, I had a visit every week from one bailiff or another, I had 4 visits by court enforcement officers with warrants for arrest, I had 1 visit from private investigator, I had numerous visits from 'heavies', I had an extortionate number of visits from debt collectors and I had a CIFAS warning for fraud under the address put on my credit record. All these visits are documented and proven plus the associated letters sent by all these and other individuals/companies ---- No mention of this from the landlord!

 

I could continue to go on with more concrete examples as to why I lacked trust in the landlord and his representatives but I think you get the jist LOL :-|

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Sorry, and in answer to your other question - why did the landlord think that I had vacated the property.

 

This was potentially down to the fact that he got both of his representatives to follow me to my new address whilst I was in process of moving belongings out of property before end date and these representatives questioned other residents in my block as to whether someone new had moved in and in which flat and if they had a daughter etc etc...

 

This was brought to my attention by these residents who did not know me however, approached me and advised me regarding this.

 

I got very shirty with them in a text message and told them to leave me alone, that they were a pair of bitches (okay so I insulted them but never went beyond that swear word). I then received a text message back stating 'calm down or else ur'll be avin dat thing ur carrying early'. I'm 33 weeks pregnant.

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