please help! rent arrears and eviction!

[pandacub]

Basically, I am a young mummy (22) and was going into my third year of uni when i found out i was pregnant... (I didn;t find out til quite late, as was on injection and had no symptoms until 5 months) I had a house all lined up to live in, but obviously couldn't use it so I told them I wouldn't need the room as i was pregnant and did they need me to find someone else, to which they said they'd talk to the other tennents and see if they'd find someone else as they'd have to live with them...

today, I got a lettersaying i owe £2000 (rent from august til now) and they want it by tuesday, otherwise they'll start eviction proceedings on tennents there!!!

ive left a voicemail and email asking about a repayment plan as i cant afford it! i am skint
havent heard from them yet, but are they likely to accept a repayment plan?
could i get any government help?
would really appreciate any advice, feel very lost and am terrified for myself and my friends

 

[Harveysmum369]

Is your landlord a private landlord hun?Surely if It's a shared house each tenancy agreement should be seperate?Or if its not...why is it only you liable for the rent?
Sorry If I haven't read it right xx

 

[pinklizzy]

What! That's crazy, how are you responsible for it? Did you sign a tenancy agreement for the house and was it taken over by the other tenant that replaced you.

 

[N1kki]

best bet go to citizens advice bureau or your local council see what they come up with,if you didnt sign nothing you should be in the clear,if they said you they were gona find someone else to live in the house and you made it clear you werent going to live there then theres nothing they can do.

 

[Mrs Doddy]

Did you sign an agreement ?

 

[pandacub]

yeah, we all signed for it early in the uni year when i thought i'd be going back... i told them i wouldn't need the room as soon as i found out though.. gah! thanks,
gonna go to citizens advice, but its not open til monday!

 

[Mrs Doddy]

Ok so you are bound by the terms and conditions of the tenancy unfortunatley that includes the rent.. Surely tho you you don't pay £2k all by yourslelf ? Therefore only pay the rent you should do. Ask for a "changeover in the tenancy" and your name taken off

they won't evict the tenants there that quickly it takes months

 

[pandacub]

I thought it took quite a while, I told them they wont be on the streets come tuesday, and it'll get sorted before it comes to that.
thankyou for your help!

 

[RJ01]

Hi hun what did they say to you when you told them you could not move in?
How is the rent 2k is this just your rent or the whole rent?
Did nobody ever take your room in the house?
Do not give them any money at the moment or accept any liability try and give a bit more info and answer the above questions and I will try and help you. x

 

[pandacub]

They didn't really acknowledge it, just said 'im sorry for your difficulties, however you owe...amount of money'
It is just my rent, yes, since august.
Nope,, nobody took over my room, and they knew full well i wasn't living there, they did inspections all the time.

 

[RJ01]

Hi hun did you sign the tenancy agreement?

 

[pandacub]

yes they're bloody sneaky, because they didn't tell me i'd need to find someone myself, they said they'd talk to the current tennents about it.
went to citizens advice, they gave me a few numbers of soliciters who give free advice, but said all i can really do is start a payment plan cause i obviously can't afford it all by this evening.

also, had one of the tennents parents calling me yesterday saying the landlord could take the parents to court! she said this is because we had to list them as guarantors, but the parents didn't actually Sign anything, so surely they can't be taken to court?!

 

[Mrs Doddy]

they can if they are guarantors, they are also bound by the terms and conditions of the tenancy

When is the tenancy due to end?

 

[RJ01]

Only if they signed the guarantor agreement as deed.
Otherwise it won't stand up in court.
Have you got anything in writing from them saying that they were going to look for a tenant or anything you can use against them I'm assuming it was a 6 month tenancy agreement which is due to run out this month if it started in August.
I would write them a letter stating you feel very misled by their actions and as to why you feel this, state the facts that you told them at the beginning and remind them of what went on and they have been fully aware you were not at the property.
Tell them you do not feel responsible for the whole rent as they made no effort to replace you offer them a deal say you can afford to pay off half at X amount per month other than that they will have to take you to court and they can't get blood out of a stone can they?
Don't worry about your friends being evicted the process is long winded and I would say would take around 4 months.
They are just playing bully boy as most agents do don't let them scare you into anything.
Take in everything I have wrote including looking at the guarantor side as I said if it was not signed as a deed and witnessed it is not legally binding.
Let me know how you get on and come back if you want any further help. x

 

[RJ01]

Also forgot to say make sure you tell them in writing you no longer want the agreement to run when the fixed term ends hopefully it was just a 6 month agreement.

 

[pandacub]

it's a 12 month contract, unfortunately, so I Need to get them to take my name off it somehow... Am going to email them now, write down what you said and offer a repayment plan, but I can't offer them much, I hope they accept it.

 

[RJ01]

Ok hun you need to try and get out of the agreement some 12 month contracts have break clauses after 6 months offer them you payment plan and tell them you can not afford to the contract to go on, get any agreement by them in writing.
If it escalates and they sue you, you can tell the court you offered to find a new tenant and the agency were aware and have done nothing to help fill the room the judge would not look favourably on there actions.
From there point of you I would of thought re letting your room would be better business sense, but then I have been in the letting game for a few years and have seen some terrible agencies and landlords!
If you speak to them on the phone follow everything up in writing via email so you can keep proof and ask them to respond to it also via email.
Good luck hun hope it works out ok. x

 

[pandacub]

He has accepted my payment plan offer, but is being smug about it.. he said 'you're lucky im compasionate, you don't have a leg to stand on'
pffft.. nevermind! at least its sorted!
thankyou for all your help, i really appreciate it!

 

[RJ01]

No problem hun don't forget to get it all in writing too and get him to release you from any further contractual obligation in writing too.
If you need any more help you can pm me if you like. x