eviction looming help needed

[pollypp32]

Hi new to this forum . I'm in a real sticky situation right now and it's making me ill.

In Feb 2013 I sold my house due to an messy spilt but I remained in the property when I spoke to the landlord he agreed to let it to me. Things where fine I but I was experiencing some financial difficulty. Now this is the hard part me admitting this . My landlord knew that I was struggling and he knew I was looking after my sick grandad who lived round the corner I needed to be close to him .

Anyway my landlord had a house that he was living in and he approached me to ask if I wanted help I obviously I said I did. He put it too me that he would let my daughter say she is renting the house he was living in (his name is down at his parents) and what ever the housing pay would come off my rent he let me think about it but while I was applied pressure telling me that it would be cosher an no one needed to know etc etc .

My grandad needed me from 6 am until 11pm I had to think who would do this if I moved else where. So I decided to do it my daughter signed he signed an we were granted housing benefit .

He would only ever take payment by hand until recently when I did a transfer.

My daughter is very nieve and don't think she knew what was really happening apart from when ever she had to do something she would say her address had changed. This started Oct 2014 but then my grandad passed away I struggle to cope losing my job so I decided by may this year to leave but another of my daughters wanted to stay. So I owed him about 1080 .

She took the tenancy on from 23rd Jun . He gave her the tenancy and all was good I agreed to pay what I could to him happy days. He then sent me a message to say he wanted 1000 by 10th sept or he needed us out. I think he thinks I live there . So he used my deposit and I agreed to pay the 450 so my daughter could stay .

She applied for housing 3 weeks after her tenancy because he took it away with him for some reason so there was a delay he also agreed she settled up once they worked it out.

He did nothing but pester me to find out what was happening I was having to contact town hall to give him a password to ask to get the answer it's being reviewed. 5 1/2 weeks later he recited some money but on the 26th Aug he issued my daughter an eviction notice due to it "all taking the mick" an taking far too long ?? .

Well the eviction date was 26th Oct but now he is getting nasty saying he will come clean about the arrangement if we are not out in 3 days. I stupidly ranted and told him I'd sought advice and that he and myself an daughter would be prosecuted which admitted it so he had proof.

I just don't know what to do surely he can't just keep turning things when he wants but I'm frightened he will come clean an I will face prison an my daughter too.

I know now it was the most idiotic thing I could of possibly done but I did what I could to stay within a 1 min walk to my grandad and keep a roof over our heads.

Can anyone advise me if he can do this with my daughter I am willing to take what ever comes to me for punishment buy surely it's not right what he is doing and he has to stick with her initial 2 month sorry it's long winded but I needed one to get it off my chest two a little info thanks

[Berniethebolt]

Re: eviction looming help needed

Sorry but I have struggled to make out the exact details but it sounds like the landlord as persuaded your daughter to commit fraud so you could stay in the house,
He is as guilty if not more so than her

How old is your daughter? You say she is naive, I'm sorry to sound rude but is it just being unworldly or is there some specific reason?


Ok moving on
He has told you to get out by last Thursday?

Do you have an assured shorthold tenancy with him and if so when is that due to expire?

It would be easy to say that best thing to do would be to confess all but for now ,
1) Stop any claim for Housing benefit and Council tax benefit for an address where you do not live , that goes for you or your daughters
2) Go to either Shelter or CAB for advice tell them that it is an emergency

If you live in England and Wales 0808 800 4444 calls are free from landlines and most main mobile networks

If you have a tenancy agreement he can not evict you without a court order and he can not force entry into your property even if he has a key. If he does call the police on 999=you don't need to tell them about the history and I am sure as hell he won't.

Sorry I can't be more help

I do not know how much money is involved but I know of a case with a £50000 housing benefit fraud where the person was not imprisoned. Try not to worry about that at the moment , it is very unlikely to come to that.

[pollypp32]

Re: eviction looming help needed

My daughter is now 19 18 when she did this I say naive I mean dippy has no clue what is what and doesn't understand all this stuff (her words ) . Last Thursday he told me he wanted me out by this wed 16th sept or he confesses. The tenancy is a fixed term and I think it's for 2 years not at home at the moment so can't really check .
These are the messages I received from him

Good morning. Right, I want you out of the house by 5pm on Wednesday 16th September. If not I'm going to come clean about everything and see where that takes us. And I'm not playing games I'd just rather be honest than let you take the p**s out of me any longer. F**k it. Thanks.

I replied to him and he sent this

No problem at thanks for putting that all in writing. ���� firstly can I start by saying I can't believe it's come to all this. I've done nothing but be lenient, patient, helpful and a friend to you during the whole time since buying your house to help you out of a bad situation and this is how you are being with me? Ignoring most of my messages, requests for face to face meetings and receiving payments from the council and then not paying them to me for your rent arrears. Seriously, What have I done to deserve all this?? Anyway, if this is how want to deal with things then fine. Right, I think you are not understanding the information provided by Shelter and Civil Legal services. I can legally serve a section 21 anytime during the tenancy period (Fact) as it wouldn't make sense to even have a tenancy agreement in place if you can only issue a section 21 after the term expired. The tenancy agreement would be out of term anyway so you wouldn't have a valid tenancy agreement anyway. (I've just checked this myself on the Shelter website so feel free to do the same). As for the payment made to my account, the money received from you was for 'your' rent arrears and had nothing to do with your daughters. She hasn't paid me any money whatsoever since the tenancy agreement started. Also, later today I will be issuing yours and daughters (at your new address ) details to a debt collection agency called EOS solutions UK so they can start actively chasing your debts. Also for reference, when passed to this agency they will by default contact both credit reference agencies (equifax and experian) and put markers to each of your names limiting any requests for credit and new housing in future. As for being prosecuted. I already have a criminal record, money to pay the fines/payments and have also been to jail so it would not bother me one bit to go down that route as the cost of it all would be less than what it's going to cost me on missed rent for the next 2 months. I'll tell you what, I'll give you till 11 am this morning to phone my or meet me face to face otherwise I will phone the council and inform them of the whole situation. If you are happy for her to be prosecuted then that's in your head not mine. I really really want to get this sorted out as easily as possible but quite clearly you don't. I'll leave it with you. Thanks.

Then after this I told him I was working to which he replied I will be there soon . He never showed up an was on a plane to benidorm. All benefits have stopped and the only one that hasn't is for the daughter who took tenancy on . I feel.like he's bullying me and I just feel I perhaps should come clean to avoid her getting kicked out . the 608 pound she owes him he told us at the beginning they could work out paying it back . I told him that she would pay it as soon as we knew how much benefit she was entitled to. I'm sick of his constant threats and posting on social media sites that he's got a tenant to evict wed it's his top priority

- - - Updated - - -

And also he states I ignored his messages etc I didn't answer 1 message an told him the following day I was sorry I didn't reply as it was late and the face to face I'd have to do as an on the day meeting as I was starting work and couldn't give an exact day that I could meet due to training etc

[pollypp32]

Re: eviction looming help needed

I'm thinking of calling his bluff later and telling him I've been to citizens advice and I've come clean and they are passing info on for him to be contacted I can't get there today in work 9 til 5 but will be there Wednesday

[Kati]

Re: eviction looming help needed

Morning [MENTION=71794]pollypp32[/MENTION] ... While I can't condone what you did in regards Housing Benefit, I can understand your need (at the time) to stay where you were. I'm not a housing 'expert' ( [MENTION=15129]Crazy council[/MENTION] might be able to advise here tho') but I do have a couple of points to make.

Firstly; I agree with [MENTION=70521]Berniethebolt[/MENTION] in that Shelter and Citizens Advice are good places to go for advice. They will be able to help you!! Also ... get in touch with your local council (telling them that you are facing eviction) and see if you can get put on the emergency housing list.

Second; There are certain 'procedures' that a landlord should follow prior to eviction (see below)

• He has to give you two months notice.
• If you don't leave by then, he must take you to court.
• Only after the court case has been completed can bailiffs be asked to formally evict you.

His threats of debt collectors being sent are just that. Debt collectors cannot enter your house by force (they can only enter if you invite them in - or peacefully through an unlocked door).

I honestly believe that this 'landlord' has to be stopped. IMO, he coerced you into committing HB fraud while you were in a bad situation and that was wrong! It makes me wonder how many other people he's done this (or similar) to :sad:

[Berniethebolt]

Re: eviction looming help needed

Morning
he clearly hasn't checked up on the law
A S21 notice does not override a tenancy agreement. He can issue a S21 if he wants but if you still have an agreement then it is useless. Some landlords issue a S21 at the start of a tenancy to make things easier if they need to evict at the end of the tenancy term.
Even then if you are out of tenancy and are on a rolling 1 month agreement ( the technical term escapes me) he still has to issue it in a prescribed manner on ( I think the day the rental period starts) then it had to wait 2 months, then he has to go to court-he can't apply to the court before the expiry of the S21 notice

If however you are more than 2 months in arrears then he can issue a Section 8 notice ( I think)

It is clear to me that he has not done his research

Maybe gong down doesn't bother him but has he heard of the proceeds of crime act, so any money that the court judge he has made from an illegal activity can be seized .

Have you thought about trying to get onto the council housing list, yes I know it is long but I think you have some extenuating circumstances that will add to your priority.

IT really does sound like he is an unpleasant piece of work . I would be getting in touch with CAB and shelter asap

[Crazy council]

Re: eviction looming help needed

I will add to this later,

LL doesnt know what he is doing, and the statements above from him would probably constitute illegal harassment. The elephant in the room is the rent arrears, and any payments, but regrdless 2 ways forward i see

1. give details to shelter and council fraud dept. LL will be in proper trouble ( but he will know this ). He will not be able to evict here on that notice, probley find it hard to evict her anyhow.

2. detail all the problems in a formal letter to the LL ( but be carfull what you say, come across as proffesional not angry ). And negoteate an mutualy benefical ending

What would be the best outcome for you

[pollypp32]

Re: eviction looming help needed

Hi thank you best out come would be to let her have the 2 month possibly a third to find somewhere else I don't think I even would want her staying there now after him being so vile. I told him that he cannot evict her and the notice is there for a reason to which he came back with one of the above comments . I will contact shelter when I get home . His threat was to meet him by 11 am or he would phone but I don't think he did I just wish I wasn't so desperate at the time I'd of done anything in my power to be at that address just to be there for my grandad an that's what I stupidly did . My daughter is breaking her heart over it all as he assured her that she couldn't get in trouble for it . He' thanks he's one above the law and a little know it all . I know for a fact he never pays gas an electric he changes the names after 3 month so they can't track him saying he is called Janet Armstrong one month the sue Parker etc etc as this was one of his scams he told me to try . Which I never . I'm no good at wording things so would have to find someone who could help me with a letter . It's just admitting it to the council that's the hard part I'm frightened of the consequences yes I knew that it was possibly this would happen but at the time I just went with it

[Berniethebolt]

Re: eviction looming help needed

Sorry Pollypp can you just clarify some details for me
In the first post you talk about your house and your daughter yet in the last post it is about 'her' which I assume is someone else

Are you claiming Housing benefit for the house you are in now?
If not why not?
Are you in arrears with the rent ?
If so by how many months?

How much was your daughter claiming in HB when she claimed to be the occupier of his house?
Were you paying the full rent at that time, if not by how much were you short?


Have you been in touch with Shelter ?

I really think it is shelter or CAB that should be helping you with letters and not someone off here, I personally would feel uncomfortable with actually writing a letter.
To be honest it does sound like he is the one committing the fraud but I am not sure who exactly benefitted from it.

[pollypp32]

Re: eviction looming help needed

Hi it was my house but I moved out in Jun as I couldn't afford to keep it on . So my daughter took over I owe him 1080 an she owes the £608 after hb was granted on the 8th (he told her she could square up when it was sorted) . .The daughter (who is involved in the agreement )was awarded 275 in Nov Dec Jan and Feb . She then got a job an Apr may were missed at the end of may she claimed again hb wanted p45 etc to work out Apr and may and the company she worked for never sent it out so them 2 mth have never been paid then she got Jun and Jul and it's now stopped . We got a total of 1648 I paid the shortfall of 275 and he got his council tax paid .I spoke to shelter before coming on here but I couldn't bring myself to admit this . They told me what everyone else had said on here but it's been more explained on here. I'm going to ring them and come clean tomorrow

- - - Updated - - -

The daughter that took over is a different daughter to the one who we had involved in claim

[Berniethebolt]

Re: eviction looming help needed

Thanks for the explanation however my tiny brain still gets confused. I do think it would be easier to explain all this face to face with someone from Shelter.

As an aside -the lack of P45 from one of your daughters jobs should be able to be overcome. maybe you could start another thread on that just keeping to her claim , her employment, the lack of P45 . Do not add anything that could confuse it . I am sure there will be people who can help . I know how difficult councils can be to deal with

[pollypp32]

Re: eviction looming help needed

It is all too confusing an I'm not that good at explaining in a message . I've had a message saying you have one day I hope your sorted to leave. I will ring shelter shortly an come clean an then I can tell him an then I will tell him that he is not aloud by law to do this without following the rules . Sorry I've complicated things but I'm also panicking while I'm typing and I know I'm making no sense lol

[Crazy council]

Re: eviction looming help needed

Hi

Only a court can give you notice in this instance, not the LL, any notice he has given you would have a date to apply to court on, not eviction date.

if he hs served a section 21, its probably not valid, a section 8 ( and arrears are more than 8 weeks ) would probably be valid, but again, thats only notice of intended court action.

Formaly write to the LL or email him, tell him that the mannor of his communications are being taken as threats and harrasment. Tell him that any attempt to ask you to leave, without the correct paperwork or court orders, will be considere illigal eviction by the LL

any other advise would depend on the answer to this

What would be the best outcome for you

and be realistic about your expectations..

[pollypp32]

Re: eviction looming help needed

Thank you I will do this . I would just like it to be done without thus harassment and to be given the correct amount of time it takes . I've been panicking looking for property and looking at houses in areas that aren't great for her. I would like to think he is calling my bluff I do think he knows this is all wrong but he think his bulky boy antics will work . Like I say my best out come would be ideally the time it would be given by the courts to get out or the section 21 date 26th Oct plus an extra month

[Crazy council]

Re: eviction looming help needed

hi

my best out come would be ideally the time it would be given by the courts to get out or the section 21 date 26th Oct plus an extra month

write to him and tell him you will act on any notices that are served properly, and that you looking for property but you suspect it may take up to three months. Make it clear that any attempt to do this any other way would be considered illegal eviction by the LL Under the curcs you have mentioned, as long as the current weekly rent is maintained, i think a judge may give you more time even if it got to that stage.

http://england.shelter.org.uk/get_ad...legal_eviction