Urgent tenancy advice needed

[BlackDwarf]

Hey all.

I know there are a few people lurking on here who know a lot about this stuff so here goes.

Myself and 4 others are supposed to be moving into a new house in Brighton tomorrow, the 11th. I spoke to the company in charge yesterday, after hearing (through the grapevine) that the current tenants weren't moving out, and our move-in would be delayed. After calling them up, they said they were having an emergency meeting with the tenants and landlord today (10th) to discuss this matter.

After being fobbed off on the phone numerous times with various excuses (including one lady who had absolutely no idea that there was anything wrong, and was under the impression that we were moving in tomorrow), I spoke to the top guy in the company (a rather annoying, brash, can't-get-a-word-in-edgeways American), who said that indeed, the current tenants were not moving out, and that we'd have to move in next Monday (15th).

Now, that's fine, except I'm back home in Devon right now, and had a van booked to take all my crap back up, which I've cancelled and been refunded for, but I can't arrange a van for Sunday, and drop off in Brighton on Monday, as places are closed on Sundays (people don't hire vehicles apparently!) This is highly annoying, as you can imagine. Another insult, is that it's the day before, and all my stuff is packed, with the understanding I'd be moving tomorrow.

What action can I take on this? What rights do I have? Can they forcibly eject the previous tenants? Should I call up the CAB?

Some general advice would be great.

Cheers

Edit: Title should be Urgent. I'm in bit of a tizz at the mo.

[Whiternoise]

Have you signed any contracts regarding the move? If so, the details should be in there. You could also get in contact with the current occupants to check with them. I would have thought that if you signed to say when you're moving in - and presumably the current tenants agreed via contract when they were staying there - then it's legally binding.

Forcible eviction might be possible, but it won't get you in the house faster, that sounds like something that needs a court order or the like. And they still have to get them to get out of the house with all their stuff.

With regards to the van, can you book for saturday and take it back on monday?

CAB is probably a good route, you can't really go wrong giving them a try.

[Saracen]

.....

Edit: Title should be Urgent. I'm in bit of a tizz at the mo.

It now is "Urgent".

[Brucelles]

I doubt you will get any immediate action, so trying to evict the tenants is probably a waste of time and energy. Bad karma too. You should be eligible for some compensation though. I should pursue that if I were you. The CAB is first stop though.

[BlackDwarf]

With regards to the van, can you book for saturday and take it back on monday?

Can do, but a one-way fee kicks in over the weekend, which almost doubles the price of the hire, on top of an extra day's rental.

The CAB is first stop though.

Just called the Brighton CAB, and apparently there's nothing in law that gives any help. They've offered money back (which would leave me without a house, and the other 4 without a 5th tenant, and I wouldn't want to stuff up my mates like that).

Its just really frustrating. Thanks for your help guys.

[finlay666]

Have you paid deposits etc to them?

if you have then you may be able to get some more as breach of contract, not to mention interest on the money you paid them

I would look at the relevant housing association website, there should be some help or someone specialised to call there.

[YorkieBen]

Okay well firstly if the tenants are due to move out they do not have to, I am assuming the landlord has issued them with the correct notice (usually a section 21), however this does not always happen to be honest, alot of landlords dont follow the law. However if someone is issued with a section 21 then they are still able to stay in that property after that and the landlord must go to court to have them evicted. Only then bailiffs can get involved.

Regarding your accommodation, if it is an agency then they may be able to offer you alternative accommodation, if fact I think they have to but the problem is enforcement, generally it is very hard to make a landlord do much, especially if you want it done quickly.

From the point of view of deposit/money returned then it shouldn't be an issue, obviously getting accommodation is. I would say speak to the landlord/agent and find out what the issues are with the other tenants moving out - if they haven't been issued with a correct notice or not issued with one at all (although usually with student housing a section 21 is issued when a tenancy agreement is signed to avoid confusion) then they could be in there for a long time. However it could be a simple disagreement/misunderstanding and you may get in there a week later. As I said before the landlord may be able to offer interim accommodation until you can move into the house you signed for.

One thing to remember if you have paid a deposit make sure that it is mentioned on the tenancy agreement and is placed into a deposit protection scheme, this is now a legal requirement.

Rather than your local housing association you are best contacting Shelter or the local Council Homelessness section, it is housing law and these people will know far more about it; I don't think that Housing Associations follow the same regulations regarding evictions and contracts as private landlords as they are social housing.

Any more questions I will try to answer (my job covers part of this sort of thing, usually from the side of people being evicted though)

[Kumagoro]

Hmm had a similar experience, the chavs didnt want to move out and we were told they would be
on a certain date, that came and went, the next date came and went and then the next.
We decided to get our money back and get somewhere else. I think it took 3 months to get shot
of them in the end.