- April 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Living in a precarious situation: unexpected legal troubles in a homeshare
I currently reside in a homeshare that I found through Spareroom, sharing the space with two other individuals. However, our living situation took a drastic turn when the police paid us a visit yesterday. They informed me that our landlord has been arrested and is likely facing imprisonment. To make matters worse, one of my housemates has also been arrested for his involvement in the landlord’s illicit activities. The officers mentioned that they are delving into his financial affairs, which could result in the seizure of all his assets.
The uncertainty of our future looms over me and the remaining housemate. If the property is confiscated due to the landlord’s actions, there is a high possibility of us being evicted. Additionally, the likelihood of reclaiming our deposits seems bleak in such a scenario. This raises the pressing question: what rights do we have in this situation? Is there any course of action we can take to safeguard our interests and secure our living arrangements?
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****** just grabbed a
If there’s no one to pay rent to, take that payment and put it in a savings account just in case. If this goes through the courts it’s going to take a while. Your best option it to start looking for another place to rent. What does your contract or rental agreement say about your deposit? If the property is seized and your evicted then you would have to go to court with the landlord to get your deposit back.
Your profile indicates you’re in the UK, and most folks here are going to be US-based. I really encourage you to speak with a local attorney rather than take any advice here (mine included) as fact.
In the US, what I’d recommend is:
1. Request a copy of the police report from both arrests. It may be helpful later.
2. Continue paying rent. If you pay via an online portal or something, keep using that. If you just hand your landlord a check usually, then start putting those payments into a HYSA. At some point, someone will come along asking for the money you owe for your rent. You’ll need to give it to them, most likely.
3. Take everything valuable or sentimental to you and store it elsewhere. If and when the house is seized, there’s a 50/50 shot you’ll ever get all your stuff back.
4. Have you had ANY dealings with the landlords business? If so, STOP dealing with the police for anything and get a criminal defense attorney just in case.
Where is this happening?
I’d be getting my property out of that place NOW. If the place gets seized and locked down, it’s going to be a pain in the ass to prove what property is yours and get it out of there. Be proactive and protect yourself before that happens. Also, it should go without saying that you should be finding another place to live.
You are entitled to your deposit back. The simplest way to get it is to not pay the last months.
Getting the property seized and evicting you will take many months, if not years.
Do save the rent money, though.
Sorry, minor detail:
Ceased: to have ended
Seized: to be forcibly taken, in this case by court order
The property is being seized, not ceased.
Anyways, it may depend on the jurisdiction but my quick read (NAL) is that in case of seizure, the government becomes your new landlord and you default to normal landlord/tenant rights. The government will likely try to sell the property at auction which will transfer the landlord role to someone who gets their kicks paying for drastically under-valued properties in cash. This assumes you have a written rental agreement.
Seized not ceased
Where are you located?
> Question is, that leaves me and the one other guy sat here not knowing what to do?
You pay your rent as always. If you paid directly to the LL, then open a special bank account and deposit the funds there. You are still obligated by law to pay the rent, even if the LL is arrested.
> If we get evicted due to the place being ceased (seized)
Thats is a stretch. You may be asked to leave, but if you paid rent you are still a tenant, and have rights. Did you have a lease? Or just paid every month? You won’t get “evicted” per say, but can be asked to leave.
> pretty much guaranteed we also won’t get our deposits back
You can sue the LL in civil court.
> do we have any rights about this at all
You have all the rights of a rent-paying tenant in whatever country or state you live in.
That said, if the LL is really going away for a while and nobody legally steps up to maintain or operate the property, you run the risk of other people, such as banks, creditors, etc., coming in to claim things that they won’t know are yours. You also run the risk of the utilities getting turned off for nonpayment.
So it would be best if you considered locking your things away and eventually finding a new place to live.
My landlord filed bankruptcy years ago and I got 3 months free rent after it was no longer his. I’d say you’re getting free rent. Ride it out.
I’d repost this to /r/LegalAdviceUK as they’ll be able to provide much more accurate information.
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Seized.
I agree with others as to what to do. But always look up the laws in your area.
No rights but you will live rent free for the next couple months while everything gets figured out
This happened to someone I know. First, I wouldn’t sweat it too much. Nothing is going to happen very quickly, and anything that does happen isn’t going to go against the rights that you have as a tenant.
You do still have to pay rent, but until you have a clear indication of who the rent is legally to be paid to, just keep setting it aside.
Authorities seizing the property doesn’t give them any right to evict you. Essentially, this will be treated the same on your end as if your landlord were to sell the building; your lease and tenancy continues, and you continue to have the same rights as a tenant. Anything that happens after that depends on who the new owners are and what the law allows them to do as the new owner of the building.