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Thomas
Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6511
Experience:  BA (Hons), PgDip, Practising Solicitor
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I do have a shorthold tendency since october (being here from

Customer Question

I do have a shorthold tendency since october (being here from germany and leaving in 10 days), and have payed rent alwas. in december we paid from german account, but rent was rejected from the lending-agents account for some reason. So we do paid it once again and the new one (January) last week with confirmation sent form the bank to lending agency. due to currency change the bank has told us and them it could take up to 10 working days. I ve provided the confirmation, but they are threating me and sending viewers with less notification.
Submitted: 3 years ago.
Category: UK Law
Expert:  Thomas replied 3 years ago.

Hi,

 

What do you want to know - whether they can evict you?

 

Please state the fixed term of the tenancy agreement.


Tom

Customer: replied 3 years ago.

Dear XXXXX

 

as we did payed - but money is on the transfering date, the landlond -agency is threatning us by saying to go to court. is that possible? and they want me to pay a second time via credit card! the fixed term was from ok-march but they agreed to leave earlier but did not want me to present new tendens (German school could do that easily). they call me 3 times a day and settle appointments for inspection, viewings ect. at friday 6.pm for saturday mornign. I feel frightend. we did payed - and sent them the confirmation over. if there is any further dealy, we can resolve it with more calmness. it is frightning. can they go to court, what happend than - and how long does that take? we are going to transfer to germany in about 10-14 days for sure.

Expert:  Thomas replied 3 years ago.

Hi,

 

Can you respond to the numbered questions.

 

1. Are you leaving for Germany in 10-14 days permanently

2. You have payment confirmations for the transfers of the rent

3. The date on which the fixed term of the tenancy agreement is to expire

 

Tom

Customer: replied 3 years ago.

sorry for the typing errors: the rent was payed regularry till november, in december we sent it from germany, but the lending-agent accounting bank refused the acceptance. so the money went back in the holydayseason 2010/11. We repaid it with the januray rent (due 29th) via european transaction in euros, and get the confirmation from the banking institute it was done last monday, but could take up to 10 working days due to curreny exchanges between countries. I forwarded this letter. but I am still get called from several persons from the agency alwas asking me for money , alwas asking me for a immediatly payment via credit card and to go to court. it is frighning.

 

 

1. yes rent confirmation was sent to the agency from germany

2. for professional reasons some months, not knowing for sure to return

3. the exact expiring date should be 27 march, break (6 months), and to give notice till 27. january. we quitt last week. agnecy agreed.

Customer: replied 3 years ago.
did you get my answers?
Expert:  Thomas replied 3 years ago.

Hi,

 

Ok.

 

I assume you are to return Germany permanently.

 

If they have not received the money then they could issue against you either in england and then enforce the judegment in Germany or issue in Germany instead. It's actually not that difficult, but they may not know that or may not be inclined to actually go through the administration of issuing a claim. This could be the reason they are being somewhat aggressive -

 

If you are confident that all monies owed have actually been sent to them then I would draft an email to them detailed the transactions that they claim they have not received and attach evidence of payment. I note you state that there may be a 10 day delay and once this has been received they may settle down.


They cannot evict you immediately from the property so I wouldn't worry about that. They can only evict legally once you are two months in arrears and even then would have to apply to Court for an order for possession. They would not be able to do this by 27 January.

 

If this is useful please kindly click accept so that I may be rewarded for my time. You will be free to ask follow up questions.

Kind regards,

Tom

Customer: replied 3 years ago.

Dear XXXXX

thanks, XXXXX XXXXX they go to court how long does a decision take till the court move?how should I react to that agressive houmor? that is all, thanks

Expert:  Thomas replied 3 years ago.

Hi,

 

If they issue in a UK court then a first hearing would be set approximately 5-10 weeks in the court listings depending on how busy they are.

 

As to Germany I'm afraid I am not familiar with their Court system.

 

If they issue you would receive notice of it and would have the opportunity to defend the claim with your proof of payment. IN your email to them you should give and address for service in the future so that they do not obtain judegment without you knowing about it.

 

Hope this clarifies, if so please click accept.

Tom

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6511
Experience: BA (Hons), PgDip, Practising Solicitor
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