denny: Photo of my face in profile - looking to the right (Default)
[personal profile] denny
"It is I! I have returnedeth!", and so on.

Haven't read LJ for about three weeks, so if I missed anything truly fantastic/important/wotnot, do let me know. Otherwise, I'll just start again from around, ooh, here.

I had a mixed weekend, starting with getting home on Friday to find a 'courtesy copy' of legal papers served on my landlady for immediate repossession of the flat (non-payment of leasehold and maintenace fees or something along those lines). Obviously this isn't brilliant news from my point of view, and my lack of smiley happiness about the whole thing is somewhat accentuated by the fact that I personally took the bloody leasehold bill to the letting agency when it was delivered in October, when they said they would "deal with it". Bastards.

Funnily enough I'm not hugely encouraged by the fact that they used the exact same phrase again today when I took their copy of the legal papers in to their offices and suggested that they do something about it. Time will tell. And not very much of it either... I may yet be glad that I haven't really unpacked most of my junk :-\

Other than that burst of excitement, life continues much the same... I work, I occasionally see [livejournal.com profile] lunernia, and I have more bills than I have income by a substantial amount. I did actually restart my end of the house-sale paper-trail last week though, so once again there's at least some chance of me digging my way out of the debt problems before the whole mess implodes around my ears.

(no subject)

Date: 2005-03-07 08:36 pm (UTC)
From: [identity profile] deliberateblank.livejournal.com
I think if you're assured shorthold, that assured period is, well, assured. This is binding on your landlord and their successors in title, and only a serious breach of the tenancy agreement is grounds for termination.

Even after the assured period, I believe 4 weeks notice is still required for the owner to serve a notice to quit if they don't want the tenancy to automatically revert to a rolling contract (even if the tenancy agreement doesn't mention this) or they wish to stop a rolling contract. That's the legal minimum, the tenancy agreement may raise this amount, even once the main part has expired.

After the notice to quit has expired, if you're still there, it (as I understand) still requires a court order to forcibly remove you. Depending on the exact circumstances of the tenancy (which CAB would be able to help with I'm sure) this may or may not be straightforward for them to get (as long as you're out of the assured period - that is sacred). Regardless, until that comes into force (not necessarily the date it is granted) you are under no obligation to vacate, and they are liable for damages if they try force or threat to get you out.

I suspect that the letter is beefed up to sound scarier than they can actually get away with. What matters is what the judge decides, and they will generally support the tenant.

So basically, they probably can chuck you out, but only *eventually*, so you ought to have *plenty* of notice.

It's also possible that that was a "solicitor's default last-chance-to-pay-or-repossession letter" and even if repossession occurs the new owners would be happy to negotiate keeping some revenue coming in until they have chance to dispose of the property themselves.

(no subject)

Date: 2005-03-07 09:36 pm (UTC)
From: [identity profile] djlongfella.livejournal.com
I agree with deliberateblank, I'm pretty sure most Judges would side with you, even if only for the new landlord to honour your current period of " lease ", even though your contract is with the, not yet, previous landlord.

Unless the new owners plan to knock the building down and build a work unit to bring 200 or so new jobs to the area, I think the local Judge will side with the tennant, over new landlord greed.

After all look how long it takes to move Pikies off of land that they had no right to be on in the first place...:)

One thing I do recomend is DO NOT REDECORATE AND REWIRE THE PLACE FOR FREE !!!! it is my experience that this is bound to speed up the eviction process....:)

(no subject)

Date: 2005-03-08 10:34 am (UTC)
From: [identity profile] dennyd.livejournal.com
DO NOT REDECORATE AND REWIRE THE PLACE FOR FREE !!!! it is my experience that this is bound to speed up the eviction process

*laughs*

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