UK Property Law
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When did you move in please and when are you being evicted?
Have you attended court to date?
Is your deposit protected?
When have you paid rent until?
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..
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?
Bailiffs made an appointment to attend the property today or have you not heard anything from them?
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.
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
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
You can apply to the court as any stage to suspend the warrant.
To apply for a postponement you will need to complete this form:http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n244-eng.pdf
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
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.
. 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.
you can search the bankruptcy register yourself and also confirm the landlord's address by obtaining title entries from the land registry
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
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
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.
unfortunately, a court cannot delay repossession for more than two months
Does the above answer all your questions or is there anything I can clarify or help with any further?
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