HELP PLEASE STAY IN MY DWELLING

HELP PLEASE STAY IN MY DWELLING

Postby iknowmyrights » Mon Jun 13, 2011 12:17 pm

Edit postReport this postReply with quoteHELP PLEASE RIGHTS TO A SHORTHOLD TENANCY
by iknowmyrights » Mon Jun 13, 2011 11:36 am

Dear All,

I have been searching everywhere for some information on a template for a tenancy agreement and if they are valid or not. For Shorthold Tenancy.

Let me explain my situation:

I am currently in a rented property, and originally signed a "tenancy Agreement" with the land Agents who on this occassion I cannot name. Now the actual Landlord or OWNER of this property deceased in 2004. We didnt move into the property until 2005, not knowing this at the time, we signed an agreement with the Landlord (who was then deceased).

To complicate matters further, the deceased Landlord, was a very wealthy Land Owner, and owns lots of Land all around the country, he was not a family man, and had no children, or family to pass the properties on to. So his dying wish was to create a TRUST or a Foundation, where trustees of this foundation, would look after his properties, and fulfill and up keep the beautiful rural properties for the benefit of the public, and for education or otherwise.

Now Firstly, There is not other Signature, other than myself and my partners on the "tenancy Agreement" which is a shorthold assured tenancy, and the acting agent, have served us with a Notice to quiot, and are actually now pursuing court action, for Rental arrears that we apparently owe. They have also just served us with a Court eviction notice, from our local County Court. (stamp approved etc).

The reason for us falling behind in the rent, is because they kept putting the rent up every year by an awful lot!

I have also found out through the grapevine that The acting Agents have found new tenants to move into the property, and will be moving in in 2 weeks. I have animals, a young child, and a partner. We will be homeless if this goes ahead.

I would like please please some advice, or any help if anyone has it ?

I know my rights iknowmyrights
HELP PLEASE RIGHTS TO A SHORTHOLD TENANCY


PS I though I would continue to say,

That I have heard about a template that a Tenancy Agreement is not valid without 2 wet ink signatures is this right? So what would be the case if the Landlord is deceased?

Also That any Tenancy agreement, is with the Queen/Crown, and not with a person?

Further to this, I have been researching, and the "Trustees" Of all of the properties are 2 men.
1. is the director of the Estate agents, who take rent money for said properties,
2. the other is a solicitor.

Now this sounds really fishy to me, so after further researching the properties and surrounding land that I live on, the Foundation, the Trustees and the charity, actually have 3 employees, and I can see their accounts on line. They are taking money from Properties, and putting Rent up every year, and even selling Grade II listed buildings that are not theirs to sell. They are making a huge profit, from this and not fulfilling a dying mans wish, as the deceased landlord wanted the buildings to be kept for people to live in (especially poor people) thats me, and to keep and maintain the buildings to create a place or beauty for the public, and education and agriculture. Which is what we have done.

I really would appreciate any feedback anyone has on this matter, and if it seems like we have a leg to stand on or not@

In the meant time, you will catch me reading the Common Law, RE Posession of a property, and digging on the history of my dwelling.

Many Thanks

iknowmyrights
Kind Of
"Focus on where you want to go, not on what you fear.
As it is your decisions, and not your conditions, that determine your destiny."
User avatar
iknowmyrights
 
Posts: 110
Joined: Mon May 23, 2011 8:06 pm

Re: HELP PLEASE STAY IN MY DWELLING

Postby kevin » Mon Jun 13, 2011 12:24 pm

iknowmyrights wrote: we signed an agreement with the Landlord (who was then deceased).



Now there is a trick I want to see
kevin
Newbie
Newbie
 

Re: HELP PLEASE STAY IN MY DWELLING

Postby MikeThomas » Mon Jun 13, 2011 12:28 pm

What a situation to be in! You could argue 'No Contract' but then (as you've been renting a while) you have 'performed' in line with said contract, however dishonest.

Questions: Have the agents got a copy of their agreement with the landlord and did they invite you to court?
We are the people our parents told us NOT TO PLAY WITH
User avatar
MikeThomas
Moderator
Moderator
 
Posts: 1622
Joined: Sat Apr 11, 2009 1:17 pm
Location: Llanharan, South Wales

Re: HELP PLEASE STAY IN MY DWELLING

Postby iknowmyrights » Mon Jun 13, 2011 1:01 pm

Hi Mike,

I do not know if the agents have a copy of their particular tenancy agreement with the landlord? I may have to dig on this. Do you think it would make a difference?
The landlord (an old reverend) died in 2004, and we didnt move in until 2005, so I know the deceased could not have signed anything for our agreement.....

Im a little confused with the Court thing, There has not been an invitation, just solicitors letters, and demands, and letters from the court, claiming for the amount in arrears. (up to 6 thousand pounds now plus all of their lovely charges).
And of course Notice of Eviction which is served by the court, and bailiffs and police etc, get involved and physically remove us apparently?!

Im really inspired to take this on, but need as much information as I can possibly muster. And beat them with the correct wording.

:clap:
"Focus on where you want to go, not on what you fear.
As it is your decisions, and not your conditions, that determine your destiny."
User avatar
iknowmyrights
 
Posts: 110
Joined: Mon May 23, 2011 8:06 pm

Re: HELP PLEASE STAY IN MY DWELLING

Postby newmannewy » Mon Jun 13, 2011 1:33 pm

Get a copy of the trust.. Are you not protected under his trust ? As in are they breaching their trustee duty by forcing you out of the house ?
http://www.thebigwakeup.co.uk - My own personal site dedicated to helping newbies wake up and see the bigger picture.
Feel free to pass comment, point out my failings & or generally critisice - (It's a working progress)
newmannewy
 
Posts: 115
Joined: Fri Dec 17, 2010 2:25 pm

Re: HELP PLEASE STAY IN MY DWELLING

Postby pitano1 » Mon Jun 13, 2011 1:39 pm

I do not know if the agents have a copy of their particular tenancy agreement with the landlord? I may have to dig on this. Do you think it would make a difference?
----------------------------------------------------------------------------------------------------------------------------------------------

this is has nothing to do with you.

do you know if your landlord,has had a fair rent asessment,?

do you know if you have lived in the property long enough to
become a `sitting tennant.?

at the moment it seems,that if you if dont put your landlord on the defensive...ie counterclaim
the shit is gonner hit the fan.
sorry i cant be more helpful,`property law :blush:`

no terms/conditions..no contract..where is your duty to perform.?

as you say..it stinks.

look into the sitting tennant aspect :psst:
pitano1
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
pitano1
Moderator
Moderator
 
Posts: 1122
Joined: Thu May 14, 2009 1:38 pm
Location: on the land

Re: HELP PLEASE STAY IN MY DWELLING

Postby iknowmyrights » Mon Jun 13, 2011 3:35 pm

Hi Pitano1

Im not sure if they do have a fair rent assessment, I am not wanting to get into any communciation with them at present, just until I know my rights, and have enough information to get back to them.


Brilliant idea about the Sitting Tenants rights. I am looking at this now. I have a history of the Trust, and the Trustees, but this is such a complex situation, as the "landlord" is deceased. And so the Land Agents, Who also happen to be the trustees, are the ones in control. They have a lot to gain from this, so I do not think it will be an easy fight.
"Focus on where you want to go, not on what you fear.
As it is your decisions, and not your conditions, that determine your destiny."
User avatar
iknowmyrights
 
Posts: 110
Joined: Mon May 23, 2011 8:06 pm

Re: HELP PLEASE STAY IN MY DWELLING

Postby iknowmyrights » Mon Jun 13, 2011 3:35 pm

Newmannewey,

I do think that they are breaching their trustee duty by forcing us out,so we have another leg to stand on here, its just collating the information in a way that contains the relevant jargon to shut them up!

Thanks for the feedback so far guys!

Much appreciated at this Challenging time!


iknowmyrights
(I think)
"Focus on where you want to go, not on what you fear.
As it is your decisions, and not your conditions, that determine your destiny."
User avatar
iknowmyrights
 
Posts: 110
Joined: Mon May 23, 2011 8:06 pm

Re: HELP PLEASE STAY IN MY DWELLING

Postby kevin » Mon Jun 13, 2011 4:03 pm

check this out, not sure it aplies but look into it http://www.tenantservicesauthority.org/server/show/ConWebDoc.16647

can you just confirm you've signed an agreement with a man who died one year earlier?

look into this legislation..

Sitting tenants:
http://www.swiftcapital.co.uk/landlords/sitting-tenants-landlords-guide.htm
Protected shorthold tenancies were introduced with the Housing Act 1980. If your tenant moved in on or after 28 November 1980, they are probably covered by this legislation. This introduced the requirement for a landlord to give a section 20 notice - meaning that the tenancy was a protected shorthold.

Assured tenancies, either full or shorthold, were introduced in the Housing Act 1988.

After 15 January 1989, assured tenants were granted security of tenure with no rent restriction, whilst assured shortholds gave no security of tenure after six months, but did provide some rent protection. Landlords had to serve a prescribed notice - else the tenancy would be deemed ‘fully´ assured with protected status by default.

Further legislation changes occurred with the Housing Act 1996. Most tenancies starting after 28 February 1997 will be an assured shorthold.



look at this the other way...have the landlords done this, does any apply to you?

http://www.landlordzone.co.uk/residential_tenancies.htm
Point to Watch for Landlords:

Once a tenancy has been created it cannot be changed to another type of tenancy by or on renewal.
Rent Act Tenancies can seriously damage your wealth, and perhaps your health as well!
Beware when buying properties with sitting tenants. Are there any Rent Act tenants? If there are early Shorthold tenants, has a Section 20 Notice been properly served and does a proper Shortlhold agreement exist?
Never, ever create a tenancy on a casual basis - always have a substantial written agreement which is properly witnessed on signing.
Make sure that all occupants in your property are documented tenants, having signed an agreement. New arrivals should be put on the agreement as soon as possible.
Never try to force a tenant to leave - a court possession order must always be obtained if the tenant won't leave and the landlord wishes to end a tenancy - see Harassment.
kevin
Newbie
Newbie
 

Re: HELP PLEASE STAY IN MY DWELLING

Postby pitano1 » Mon Jun 13, 2011 4:13 pm

Im not sure if they do have a fair rent assessment, I am not wanting to get into any communciation with them at present, just until I know my rights, and have enough information to get back to them.

hi
dont know if things are the same,but if so,you can contact them
yourself,and not have any dealings with your landlord.
If the machine of government is of such a nature that it requires you to be the agent of injustice to another, then, I say, break the law.
Henry David Thoreau
ALL UNALIENABLE RIGHTS RESERVED -AB INITIO - Without Recourse - Non-Assumpsit
pitano1
Moderator
Moderator
 
Posts: 1122
Joined: Thu May 14, 2009 1:38 pm
Location: on the land

Next

Return to Land Claims

Who is online

Users browsing this forum: No registered users and 2 guests

cron