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Go Back   The Consumer Forums > The Consumer Forums
The Consumer Action Group
> Residential and Commercial Lettings

Residential and Commercial Lettings This is the place for both Landlords and Tenants to discuss letting issues, and share experiences.


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Before beginning to claim your bank charges be sure to read the FAQ by clicking the link above. Read it carefully and also read as much of the forum material as you can manage before you start claiming your bank charges refund. You will have to register before you can post or view the materials which may assist you in reclaiming your penalty charges: click the register link above to proceed. To start viewing messages, select the forum that you want to visit from the selection below. Understand what you are doing and you will be able to Reclaim the Right more effectively.

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Old 2nd February 2008, 12:02   #1 (permalink)
our.man.flint
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Default Rent arrears, notice to quit & assured tenancy.

Hello, I'm panicking a bit here as I've just received a notice to quit for 10 weeks arrears. I'm a bit unsettled by this and thankfully I found this website, I'm hoping someone can give me some constructive advice.
I understand I have an assured tenancy, it started in 1987. I have my original rent book somewhere with the exact date on but shortly after it started the tenancy laws changed to shorthold. I do not have a contract just the original rent book, signed and dated, there was never any signed documents or agreements issued.
No warning was given of my arrears or any request to settle them. I'm not looking for an excuse as after 20 years of occupancy I should know when my rent is due! Well, the agents no longer send me rent statements. I've written to them about this as 2 months arrears built up towards the end of last year and I'm afraid over Christmas I've let it slip again. I've settled the outstanding amount and put myself 2 weeks in credit with a letter apologising and stating that I'd like to remain a tenant.
Just over a year ago the environmental health dept. forced the landlord to make repairs on the property due to the leaking ceiling, damp on the walls and plaster falling away and repeated failures to fix the flat roof, I'm on the top floor here and water poured in during heavy rain. The council really made them put the place right and they had to re-house us while work progressed, I work from here, self employed and I use a room as a workshop, this was a difficult time. This had gone on for years, so there is some history between us but I wasn't aware of any animosity so to speak. The landlord recently changed, the same company owns the building but it's a different person entirely, some internal reshuffle. I've dealt with an agent for the past 10 years so it made little real difference until the agent stated that the rent was to increase as the landlord wanted to 'bring it into line with other properties in the area'. I did not agree with the increase, 66%, no improvements in the past 12 months at all, the council threat of prosecution had finished just over a year before so I refused it and suggested that we get a fair rent set by the local council. The agents said the landlord would be in touch, I've had nothing at all from them until todays notice to quit. I've basically given them a crowbar to use on me by not sending rent in, pretty dumb. Time to go visit citizens advice I guess..
That's pretty much it in a nutshell. I'm not a saint regarding rent payments, I have been in arrears before but always settled up as soon as it was brought up or before. About 15 yrs ago I got home to find new locks and a note pinned to the door, I'd been evicted! No legal niceties, they just broke in, seized my stuff and shut me out! I called the police for some guidance and they said break back in as they'd acted illegally, I broke my own front door down..so they're no angels either, not that I'm using that as an excuse. I settled the arrears, they took me to court but thankfully I was not evicted. I wonder if I'll be so lucky this time round?
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Old 2nd February 2008, 12:35   #2 (permalink)
our.man.flint
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Default Re: Rent arrears, notice to quit & assured tenancy.

It looks like I have a protected tenancy, governed by the Rent Act 1977, as my tenancy started in 1987. So I have a good chance of staying here if I bring the rent up to date
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