Lead times

[meagain]

Would it be acceptable to cut the lead times in the prelim and LBA to 10 days each instead of the stated 14? This pushes the total time before action from 28 to 20 days, which will make the difference between me still being or not being at my address, and the time before I need to apply the pressure from 14 to 10 days, which is the difference between being able and unable to make a reasonable offer to my landlord for rent arrears (with 30 days left of the tenancy, she is refusing to be reasonable, and I have nowhere else to go).

[Don Quioxte]

Hmmm... up to you..

Depends - have you had a response to your prelim? If you do get one and it is a standard automated or not the positive response that you requested in your prelim, then you could just about get away with sending the LBA and stating in your first paragraph words to the effect of "as you have failed to respond positively or to my satisfaction" blah blah... but it is a fine line between applying the pressure and looking greedy and not taking steps to avoid litigation in the eyes of the court. But it may be doable!

Also do not be relying upon being made an offer of settlement by your institution on the back of the LBA. YOu must not depend upon this action to save your tenancy!! Very dangerous. Start to make some alternative arrangements. Attempt to negotiate further with the landlord. See if you can offer interim payment on the arrears now - or before it is due as a gesture of your intentions.

I am not suggesting that you borrow more money from anybody but is it possible to negotiate with your bank more favourable terms on your overdraft or other facilities based upon the fact that you are having some difficulties and disputing charges/fees applied to your account?

Have a proper think before actioning any of the above. If necessary post in more detail here and collect wider opinions - even consider an appointment with the CAB to discuss the issues in general - that is why they are there.

[aaronmcl]

Ive read in the small claims guidance notes for N.I. that 7 days is acceptable.

[meagain]

Originally Posted by Don Quioxte

Depends - have you had a response to your prelim?

Haven't sent it yet, hence my asking about the lead time to state in it.

Start to make some alternative arrangements.

When I said I have nowhere else to go, I meant it. I have nowhere I could possible arrange to go.

Attempt to negotiate further with the landlord. See if you can offer interim payment on the arrears now

Had I any available funds to make a payment, I'd have done so already.

... is it possible to negotiate with your bank more favourable terms on your overdraft or other facilities based upon the fact that you are having some difficulties and disputing charges/fees applied to your account?

I'm already at my limit, and they have previously said they won't increase it. What do you suggest I do? "Hi, I'd like you to increase my overdraft limit. By the way, I'm suing you."

This is also causing another problem, as other banks won't give me a new account with any facilities, only offer to move my existing account. I could tell them that the balance itself is in dispute, but I doubt that would encourage them greatly.

[Don Quioxte]

You can only negotiate with the means that are available to you. If your landlord is that in-flexible then you need to write a letter stating exactly what your intentions are - making it absolutely clear that you intend to catch up on the arrears and giving him/her a detailed timetable. Bear in mind that you have effective "squatting rights" without sounding stupid - you are NOT going to get chucked on the street in 30 days.. it is impossible for your landlord to obtain the necessary orders to achieve this. You need hime/her on your side during this.. If you want me to look at writing a letter for you to your landlord that I think will serve to alleviate some of the immediate pressure then feel free to PM me the exact details.

You laugh about approaching the bank and being frank with them. But that is one of the only courses of action open to you at the moment. Who is the bank - what are the amounts involved - how much are you overdrawn - what is your limit - how much are you attempting to recover? Then I'll comment again.

It may well be worth moving the account to another lender if that facility is available to you - it will give you a fresh start, ensure that no retribution or vindictive action is taken against you by your current bank - you clearly cannot afford for them to grant your refund and then close your account using the money to pay off your overdraft.

[blueskies]

Even if you shorten the time on the letters, depending on which bank you are with, you will not get the money in time. Many of the banks are pushing the cases to the first court stages and only paying up just before the hearings. You urgently need advice regarding your housing. Contact the Citizens Advice Bureaux and/or your council housing advisor (some councils have them).
You can't rely on a quick payout from a bank any more than you can rely on them for the lawful running of your account.

[meagain]

Thanks for all the info. The issue with the accommodation was only for this month, as my landlord has told me that she will serve me with 7 days' notice this week if I can't get a plan together. If I can stay until the end of the month, I can go elsewhere - it's just that my backup doesn't become available until the last week of June.

While she has stated it will be 7 days, I am hesitant to tell her to naff off and that since I have to give her 30 I'm entitled to ask for 30, since I would like to keep her on side. That said, if she gets shirty and threatens eviction, I think I can rest assured that she can't even go to court because she's failed on so many of her own obligations (including giving me her address - I haven't even told her yet that this means the rent hasn't ever been due in the first place!).

As for balances, my bank account has a limit of -£1600, and the balance is within pennies of it, and my credit card (which I didn't particularly want in the first place - but that's another story) is maxed out at £500. The best amount I hope to receive is £575-600. Income is non-existent (student), and work is thin on the ground (have been scraping the bottom of the barrel - none of the pubs will have me because I don't have bar experience)

[natalie]

She might issue you with 7 days notice, but she cant evict you in 7 days. You will have more than enough time, she cant just turn up and kick you out.

[Bookworm]

Moving away from the bank for a sec here: Your landlady can NOT kick you out after 7 days, even if she gives you notice. All you have to do is say you're not moving and she would have to go to court to evict you.
You really really need to do a search on Google to find out your rights as a tenant, you'd be surprised. And if you're not so worried about losing the roof over your head, you'll be able to concentrate on the rest better.

.

[meagain]

Originally Posted by Bookworm

Moving away from the bank for a sec here: Your landlady can NOT kick you out after 7 days, even if she gives you notice.

As I said, I can already tell her to naff off and that I'm entitled to 30 days (since the contract requires that I give her 30, and contracts must be equitable), which would suit me just fine since by the time she gets to actually serve me notice, it would be less than 30 days to the end of the tenancy. I've already made it clear to her that I'm in the superior bargaining position because of the timescale, and that I would be able to fend off any legal action with an "unclean hands" defence.

[blueskies]

I have a lot of literature on housing law, if you need any then PM me. I was just trying to emphasise that you cannot rely on a settlement without going to court for it, you probably won't have to but you have to be prepared for it (and if that happens you could be talking a while before you get the money back).