How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your UK Property Law Question Here...
Joshua is online now
A new question is answered every 9 seconds

I am going to get evicted. I have rented a house which is

Resolved Question:

I am going to get evicted. I have rented a house which is being repossessed. The landlord declared in the tenancy that his lender had given him permission for the tenancy. It turns out that not only was this was false but the house had a repossession order against it already when we moved in. Did the estate agent have any obligation to me to check this?
Submitted: 1 year ago.
Category: UK Property Law
Expert:  Joshua replied 1 year ago.

Joshua :

Thanks for your question. Please kindly RATE my answer when you are satisfied

Joshua :

When did you move in please and when are you being evicted?

Joshua :

Have you attended court to date?

Joshua :

Is your deposit protected?

Joshua :

When have you paid rent until?

Customer: 8 April
Joshua :

May I clarify whether you are still typing please? If you are please be assured I do not need a huge amount of detail at this stage..

Customer: The deposit is protected. Moved in 8 april. Rent paid to 8 October. Eviction warrant was applied for on 8 July and granted for 23 July ie today. UK law gives you 2 months and lender has said they will give me more time. I had no opportunity to attend court as the repossession order was a suspended order dating back to 2007 and the eviction warrant was issued without a hearing. I believe I can have a hearing to get a two month delay if necessary. This will in any case be insufficient as there are no comparable houses within distance of my child's school. I will have to take a more expensive house. I will obviously sue the landlord though I suspect it will be hard to get anything out of him given the way he has behaved, so the first question in my mind is whether I have a case against the estate agents. I don't think I have a contract with them but if I do it probably doesn't include any protections
Joshua :

Thanks. do you know if the agents knew of the repossession order please? E.g. do they have the existing relationship with the landlord in relation to this property whereby they have acted for him previously?

Joshua :

Bailiffs made an appointment to attend the property today or have you not heard anything from them?

Customer: I know they had no relationship. I am sure they didn't know.
Customer: The lender's lawyer assured me they would not repossess today as I am on holiday til the end of the month
Joshua :

thank you.

Joshua :

unfortunately, unless you can demonstrate that the agents knew of the possession order and misrepresented the position to you, there is no claim against them personally and agent does not have a liability or responsibility to confirm and check that the property is not subject to a possession order.

Joshua :

the landlord appears to have behaved very poorly and may in fact potentially be guilty of a criminal offence is obtained money by deception. If he is expressly confirmed as you say in the tenancy. My suspicion is the police will likely advise it is a civil matter not take an interest

Joshua :

in any event, you have a straightforward claim against the landlord for rent though this will only be of use of the landlord is not himself insolvent

Joshua :

You can apply to the court as any stage to suspend the warrant.

Joshua :

To apply for a postponement you will need to complete this form:
http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf

Customer: Ok Thanks. i am not surprised. I guess they have no obligation to do any checks on him such as that he is not bankrupt or even to verify the address he is living at. The tenancy contains a service address for him and all I have is his mobile number
Joshua :

In view of the fact you have paid rent in advance, and the landlord's declaration in the tenancy, a judge is likely to have sympathy for such an application, particularly if you can show that you require additional time to find alternative accommodation

Customer: do you mean he might give more than the usual two months?
Joshua :

you may do well to be cautious of representations the lender's solicitors give you as they have been named to give tenants information which tenants have relied on to their disadvantage. Rather, consider making an application for a suspension to the County Court as soon as possible.

Joshua :

. Unfortunately, agents are not required to carry out bankruptcy checks on landlords there are there is proposals to improve the position from the tenant's point of view they this does nothing to assist you in the situation.

Joshua :

you can search the bankruptcy register yourself and also confirm the landlord's address by obtaining title entries from the land registry

Joshua :

http://www.landregistry.gov.uk/public

Joshua :

http://www.bis.gov.uk/insolvency/personal-insolvency/individual-insolvency-register

Joshua :

you may wish to confirm with the agents whether they have passed on all of your rent to the landlord. If they still hold any part of the rent or indeed your deposit, you may wish to ask them to not pass the same onto the landlord in the circumstances, pending the outcome of your claim against the landlord. If you find that they are holding monies as above, you may consider an additional application to the courts to request that such monies are frozen in the agents account until your claim is decided

Customer: Ok that' helpful. The only local lawyer I have a recommendation for is the one used by the agents. It seems that there is no conflict and I am safe to use him. Last qu Do you think I might get a suspension beyond two months?
Joshua :

in the assumption you are looking to claim back less than £10,000 from the landlord. In total, you will not be able to reclaim legal fees and as such, you may wish to conduct the claim yourself. He Small Claims Court is extremely user-friendly and does not acquire the use of a solicitor

Joshua :

you may find that legal fees will outweigh the claim to a great extent. . If you consider using the same solicitor as the agents, you wish no doubt to question that solicitor very closely to confirm that he is satisfied, you can act in your best interests, and there is no conflict of interest.

Joshua :

unfortunately, a court cannot delay repossession for more than two months

Joshua :

Does the above answer all your questions or is there anything I can clarify or help with any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

Joshua, Lawyer
Category: UK Property Law
Satisfied Customers: 24527
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and 2 other UK Property Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    4433
    LL.B (Hons), Higher Prof. Dip. Law & Practice
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/JA.64x64.jpg Law Denning's Avatar

    Law Denning

    Solicitor

    Satisfied Customers:

    2289
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    2244
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/TG/TGraham12/2012-7-17_81212_bigstockBusinessHandshake508163.64x64.jpg Thomas's Avatar

    Thomas

    Lawyer

    Satisfied Customers:

    1198
    BA (Hons), PgDip, Practising Solicitor
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    809
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/AJ/ajlaj01/2012-5-9_14051_Profile1.64x64.jpg Alex J.'s Avatar

    Alex J.

    Law

    Satisfied Customers:

    400
    LPC, 2 Years Conveyancing
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    212
    Barrister 17 years experience