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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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I'm being evicted there is no tennency agreement and my landlady

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I'm being evicted there is no tennency agreement and my landlady has been claiming single ocuupancy on the property there is a lot more to this but we was without central heating for four months and since this she has turned nasty the environmentle health are involved because of this she has also threatened to change the locks x Also we pay rent to her daughter's account before that it was cash please help I don't think she has been declaring the rent to avoid tax
We haven't got anywhere to go and I have five children we are not in any rent arrears but can't risk giving any rent at the moment because if she changes the locks
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.
Hello my name is ***** ***** I will help you.For now please let me know whether the landlady lives in?Alex
Customer: replied 10 months ago.
I don't want to sound like I'm bothered about moving it's her house I respect that but the way that I've been treated after being here for eight years I also had a four grand debt to the council tax which we have paid because we had said we were lodgers at the beginning but I had been painful it already in my rent
Customer: replied 10 months ago.
Paying
Customer: replied 10 months ago.
We have had our eviction letters for the 16 May they arrived through the post on Saturday morning seeking possession pursuant to section 21 of the housing act 1988 saying if we fail to vacate that the cost incurred in doing so will be sought to us
Customer: replied 10 months ago.
No she never has
Customer: replied 10 months ago.
Are you still there Alex
Expert:  Ash replied 10 months ago.
Ok - then she can't change the locks - that is unlawful.If you have been staying there then she can get serve a S.21 notice which gives you 2 months notice to leave. If you are outside your fixed tenancy then sadly the Landlady can send this.This gives you 2 months notice. If you dont move then they can apply to Court for possession. This will give you a little more time to move out.If you dont move out then the Landlady can apply for a warrant of eviction. You would be given a date for a bailiff appointment and at this time you would have to move out.But the Landlady can only serve S.21 notice if your deposit has been protected.Can I clarify anything for you about this today please?Alex
Customer: replied 10 months ago.
There isn't a tennency agreement never had one
Expert:  Ash replied 10 months ago.
Yes but the Landlord still can issue a 2 months notice, then seek an order for possession and then a warrant of eviction.Even if you had an assured shorthold tenancy (AST) your rights are very limited. But as you have no agreement you have the same rights as an ASTBut this is the procedure for obtaining possession. The Landlady can NOT change the locks.
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
What about my rent going to her daughter's account And will I get charged if it went to court I can't afford the costs
Expert:  Ash replied 10 months ago.
An application to Court is £250. As for rent going into daughters account that is not relevant to possession but you can report to HMRC at:https://www.gov.uk/report-an-unregistered-trader-or-businesshttps://www.gov.uk/report-an-unregistered-trader-or-business
Expert:  Ash replied 10 months ago.
Does that clarify?Alex
Customer: replied 10 months ago.
How long would all this take so that it gives me chance to find something I feel that being without central heating and the council tax she has got away with all this I've had to pay four grand of council tax because we had no idea what she was claiming I feel so angry that she can treat us like this we had no heating for four months I have five children aged from 20 right down to 3 there must be something I can do please help
Customer: replied 10 months ago.
I've got every text she has sent me as well
Expert:  Ash replied 10 months ago.
S.21 notice is 2 months, to get to Court around 6 weeks, possession probably given another 28 days and then another 4-6 weeks for bailiff.Once you get the Order for possession then you can go to the Council and look to get rehoused.You can try now but they usually want a Court order before they do anything.
Expert:  Ash replied 10 months ago.
Does that help clarify the position?Alex
Customer: replied 10 months ago.
So if we go before the balieffs come I won't be charged anything x I'm not trying to be awkward it's just I need time my children are in school one is doing exams I work full time so I need my mom's help where I live.Surely a judge will have a bit of sympathy can she serve notice if under investigation with environmental health
Expert:  Ash replied 10 months ago.
Its an extra £100 if bailiffs turn up. A Judge is unlikely to delay possession as without a tenancy agreement you have no security whatsoever. This is a problem. I am sorry, but the Council should rehouse you but they are likely to only do this when there is an order for possession.
Expert:  Ash replied 10 months ago.
I am sorry its not better news.Can I clarify anything else?Alex
Customer: replied 10 months ago.
Once we end this conversation do you only take one off payment and the last question is with me paying her rent into her daughter's account is that not right
Expert:  Ash replied 10 months ago.
Yes its a one off payment.If the Landlady is having it into her daughters account you should report this to HMRC.You dont know whether or not the Landlady is declaring the income.So you can report it.
Customer: replied 10 months ago.
Thank you for your help
Expert:  Ash replied 10 months ago.
Sorry its not better news.
Expert:  Ash replied 10 months ago.
If this answers your question could I invite you rate my answer before you leave today.If you don't rate then the site does not pay me for the time I have spent answering your question.Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/
Customer: replied 10 months ago.
At least I know I don't want to spend a lot of money to fight it if I don't have a case I don't want to stay in the house longer than I should. It's about what she's done frauding the tax
Expert:  Ash replied 10 months ago.
Correct. But you should report the fraud. Dont let them get away with it - its a criminal act.
Customer: replied 10 months ago.
Thsnkyou you have been very helpful x
Expert:  Ash replied 10 months ago.
Thanks. Good luck and please remember to rate so the site credits me for the time spent with you.
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 10 months ago.
I will do but how do you do it x

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