Evicted through no fault of your own - advice please...

[ChillybeansX]

Could somebody please provide some advice on the following:

My friend began renting a flat 6 weeks ago through local estate agent, paid a deposit as normal.
Yesterday she receive a letter stating she needs to vacate the property by 2 March 2010 as the owner of the flat (not the estate agents but a man who lets through them) has not paid the mortgage for almost a year so the occupier is to be evicted.
She contacted the estate agent who said that is correct and you must vacate, however, unless she rents through them again, she cannot have her deposit back.
The only properties they have avail for rent arent in her price bracket so they wont give her the deposit back to go elsewhere.

How can this be right, my friend is being evicted through no fault of her own and will lose her deposit?

[daffy654]

They have to return her deposit as they are the ones who have ended the tenancy early, even though it is through no fault of their own or that of the tenant. They cannot hold her to ransom and insist that she rent another property through them.

[tamborine]

threaten them with Court action but not yet.....as they will cook up reasons for withholding deposit.

Find another property, and hopefully, an understanding L'lord. Look on Gumtree - I could do with a good tenant ;)

[R1Geezer]

Stop paying the rent and dig in, It'll take them a year to get her out. Ignore the estate agent they are irrelevant it's the lender of the mortgage who will be trying to reposesses.

[dothawkes31]

She should read her tenancy agreement, even if she ws not an assured tenancy, she still has rights and they still need to go about it legally, tyhe estate agent can't evict anyone either they do not have that role, they can act as agents for the owner but noy the mortgage company the owner owes the money to, The owner may be being taken to court for repossession but he could make an arrangement to pay the arrears. The estate agent has no right telling you the landlords position either, that is a breach of trust, but, the estate agent may well be owed advertisibng and admin fees too,

[joko]

could this be a scam? get people into a flat all paid up then evict and keep the deposit...forcing them to take a new flat they dont want..and the estate agents cant rent...??

[ummmm]

I'd be tempted to say not to move out and not to pay anymore rent. If they are telling you the truth then it would takes months to evict. She can then apply to a judge for a 'stay of execution' (I think that's what it's called) If she gives him the scenario he would probably grant her the stay and it won't effect her renting in the future. He won't give her long mind.....maybe two months to find somewhere else.

She can use that stay to use up the deposit.

[themas]

Do contact the local CAB for advice on this, or call the Shelter helpline. The agent may be trying to help (although it seems unlikely in view of what they have said about the deposit) but the issue here is repossession by the mortgage lender. You need to know much more about this - & have the right to get the information. What stage have the repossession proceedings reached? Until the Court has actually ordered repossession there is no requirement for the tenant to leave, & the mortgage lender is supposed to write to the tenant (it may be addressed to "the occupier" if they don't know the name) about eviction. The agent has no right or ability to evict anyone.

[Buenchico]

By law, tenancy deposits must be paid into a recognised scheme run by one of the three companies who've been given Government contracts to administer them. Your friend should demand to know which of these companies is actually holding her money:
http://www.direct.gov...ancyDeposit/DG_066391

That page includes contact details, which should be used to invoke the disputes procedure, which is described here:
http://www.direct.gov...ancyDeposit/DG_066397

Your friend might also find this information helpful:
http://england.shelte...by_a_landlords_lender

Chris

[ummmm]

Chris.....how about saying it in lay mans terms just now and then....and forget the links?

Is your knowledge just google though?

[buildersmate]

Miaow.
Perhaps, because it is all about teaching a man to fish, not just feeding his face with free cod fillet all the time.

[ummmm]

Sorry Chris. I think I was in a bit of a bad mood last night x

[Twinkle17]

Wow, thank you all for your responses. Her Dad went in the Estate Agent and kicked up a huge fuss on Friday. She is getting her deposit and credit check money back now and will be renting through another Estate Agent... so they have lost out....thanks again.