Landlord being summoned for levies

Stillie

Stillie

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im renting a place and i got a letter on my door telling me they (sheriff) is going to get locksmiths to pop open the property im staying in.

I have contacted the sheriff and chatted to him explaining i rent the place etc. So he is going to be dropping some documents that need to be sent to the landlord. Another thing the sheriff said is they are going to be selling the unit on the 27th April??:confused: I have contacted my estate agent that i rented the unit from and he said i should just send them all the documents i get and they will deal with it.

Now both parties are saying it wont affect me as a tenant but i was hoping to get some advice from anyone being in the same situation, is there anything i should look out for regarding this?
 
Deadmanza said:
Wow that is hectic! Personally I wouldn't take the chance, I would start looking to move ASAP.
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unfortunately im in a 12 month lease? I was also told that even if the new owner does want me out, he has to give me 30 days notice. cant simply say fork off in 24 hours
 
Stillie said:
im renting a place and i got a letter on my door telling me they (sheriff) is going to get locksmiths to pop open the property im staying in.

I have contacted the sheriff and chatted to him explaining i rent the place etc. So he is going to be dropping some documents that need to be sent to the landlord. Another thing the sheriff said is they are going to be selling the unit on the 27th April??:confused: I have contacted my estate agent that i rented the unit from and he said i should just send them all the documents i get and they will deal with it.

Now both parties are saying it wont affect me as a tenant but i was hoping to get some advice from anyone being in the same situation, is there anything i should look out for regarding this?
Click to expand...

I think that if they sell a unit with tenant in, the new owner has to honour the old lease. However, there is likely a clause in the lease allowing both parties to give 2 or 3 months notice after the first year?
 
Stillie said:
unfortunately im in a 12 month lease? I was also told that even if the new owner does want me out, he has to give me 30 days notice. cant simply say fork off in 24 hours
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Nope, he certainly cannot do that. I wouldn't stress too much.
 
Stillie said:
unfortunately im in a 12 month lease? I was also told that even if the new owner does want me out, he has to give me 30 days notice. cant simply say fork off in 24 hours
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More worried about the sheriff coming in and popping the locks off and taking your stuff...
 
The_Librarian said:
^ this

Getting it all back will be a frustrating experience.


Which begs the question - what did the landlord do to warrant a visit from the Sheriff and his posse?
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not pay levies from what i can tell, not sure how long its been going on as we have only been living there since Nov.
 
xrapidx said:
Yip - I'd make GTFO out plans.
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i mean i dont mind moving(obviously hate the actual moving part - pain in the rear end) but with me having the remainder of my 12 month lease wouldnt that then prevent me from leaving without losing deposit?
 
There is two parts to this process: summons and attachment. Sounds like your Landlord has already had a judgment handed down in this matter and the Sheriff if proceeding to attach his property to sell stuff to pay the debt. It takes some time to get to this point, and it is quite rare. The situation is dire, and I would recommend you get out ASAP.

Stillie said:
unfortunately im in a 12 month lease? I was also told that even if the new owner does want me out, he has to give me 30 days notice. cant simply say fork off in 24 hours
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I would write a letter with the following points:

- Give 1 month's written notification of you cancelling the lease
- Explain that you are concerned for your property and they are not holding up their end of their agreement
- Due to their failure to adhere to their terms in the lease, you have justified grounds for early cancellation, unless they can prove that the levies have been settled in full

Be aware, you are not going to get your deposit back. :(
 
Stillie said:
unfortunately im in a 12 month lease? I was also told that even if the new owner does want me out, he has to give me 30 days notice. cant simply say fork off in 24 hours
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Uhm,

You can stay the remainder of your contract, should you wish, however I would browse around. Find something that is avail in a month or so, then request in writting that due to current factors you wish to terminate your lease early. ONCE ACCEPTED you can sign for new place etc.

Things could get difficult
What if the sheriff writes up your stuff.
What if other creditors, for landlord, come knocking?

Etc etc.
 
Emjay said:
There is two parts to this process: summons and attachment. Sounds like your Landlord has already had a judgment handed down in this matter and the Sheriff if proceeding to attach his property to sell stuff to pay the debt. It takes some time to get to this point, and it is quite rare. The situation is dire, and I would recommend you get out ASAP.



I would write a letter with the following points:

- Give 1 month's written notification of you cancelling the lease
- Explain that you are concerned for your property and they are not holding up their end of their agreement
- Due to their failure to adhere to their terms in the lease, you have justified grounds for early cancellation, unless they can prove that the levies have been settled in full

Be aware, you are not going to get your deposit back. :(
Click to expand...
OP mentioned agents.

Agents should be holding the deposit in their trust account. IE not in owners pocket, or long gone.
 
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