homeless now

[bradqwer]

Hiya im new to this site I cuurently behind on my rent with my landlord to the tune of 2 months rent,as a result he has turned of all gas/elec/water for around a week now and is refusing to put them back on until I give him moneyt etc which im unable to do at present due to being made redundent.

Where would I stand on this and what does any one suggest!

p.s i know its my fault

[Aequitas]

The landlord's actions amount to harassment, which is a criminal offence. Contact your local authority who should have an official who will deal with it.

See further here:


http://www.landlordzone.co.uk/harassment.htm


http://england.shelter.org.uk/advice/advice-7352.cfm

[BobbaFett]

It is a legal requirment that your landlord provides you the means to Utilities. Albeit, you have to pay them, he cannot touch it, there YOUR accounts.

[demon_x_slash]

He has effectively made the property uninhabitable. Funnily enough, while the property is uninhabitable no rent is legally due! But yes, report him - he could be trying for an unlawful eviction here (basically forcing/harrassing you out of the property) and that is illegal.

[bradqwer]

Hiya guys my current landlord has decided to turn of all Elec/Gas/Water for non payment of rent which is the sum of £1000 yesterday he came round and asked me to leave the house withing 24hours or he would send people round to collect my things etc, my aggreement has run out as far as i am aware but is he able to kick me out now withut going through the courts, below is a letter i have drafted which i intend to post through his letter Box this very morning, could you have a read over it and amend as you see fit so i can print of the final draft.

Current sitation: NO GAS/ELEC/WATER THREAT OF EVICTION WITHIN 24 HOURS

Reason: NONE PAYMENT OF RENT DUE TO LOSS OF EARNINGS.

Possible problem: Tenacy Agreement may have expired.

Below is the draft letter

Dear Mr [edited],


I am writing on behalf of Mr [edited] who currently resides [edited, Mr [edited] has brought it to my attention that you have asked him to vacate the above address within 24 hours of 11/6/07 as you are aware there are now strict guidelines in place that prevent such actions as per the The 1964 Housing Act/1988 Housing Act extended the offence of harassment, introducing a right to civil action for damages by wrongfully evicted occupiers.

Mr [edited] has made it known that you have on more than one occasions cut of all water, gas, or electricity, threatening tenants with eviction which is now considered harassment under the Protection from Eviction Act 1977, which defines harassment as: any act(s) likely to interfere with the peace or comfort of the residential occupier or any members of his or her family, or the persistent withdrawal of services reasonably needed for occupation.

I would ask that you give Mr [edited] a more suitable timescale in which to leave the property as I have advised him to start legal action should this course of action prove in vain.

I also ask that all contact be made via letter to Mr [edited] in future

Some good advice on what swift action i can talk would be good i due to be out at 3pm tuesday

[petcat]

hello ive had this problem myself some years back with a rogue landlord.your letter sounds ok but personally i would contact the police about his actions , they will probably point out to him that he must go through the courts and provide you with an official notice to quit(usually 30 days) contact the housing dptmt too(at the local council) they will probably be interested in his actions. And if the utilities are in your name,phone the companies involved. good luck &dont be intimidated by him.by law he has to give you 24hrs notice to even visit you at the property.remember that if he takes you to court it could take months so try not to worry.

[bradqwer]

where do i stand IF ten Agreement has expired?

[PKea]

Brad

Remove all the personal details from the letter
Remember this is a public forum and everyone can read this, dont want to give personal details away mate

Paul

[bradqwer]

landlord just said Sec 8 and 21 notice servered correctly maybe i dont have a leg to stand on?

[bradqwer]

As per my tread in the Landlords section I am due to be made homeless today at 3pm does anyone have any idea where i can go for a house I would have a notice of eviction from my landlord if that will give me any leeway.

below are my details should housing be needing such things to asses elgiablty


Darren
25 years old
No children

[moneyhelp]

Hi

Sorry to hear this.

Have you contacted your local council?
Also shelter maybe able to offer some help Shelter England: the housing and homelessness charity

I know what you are going through as I will shortly be in the same situation.

PM if you need a friendly ear or if I can offer anymore help.

Good luck and stay strong ok

[petcat]

brad, firstly do as PKea suggests. edit your post and take out the names.
secondly, has the landlord actually served these papers on you. if not, contact the aforementioned as hes acting totally unreasonable and trying to cover his back.ask for copies and get them checked.take them to your local council and ask their advice.regarding the tenancy agreement, he still has to take you to court to have you evicted where you will be able to ask the judge for more time. when this happened to me the judge ordered the landlord to let me stay until i had found alternative accomodation which took about 8 weeks.good luck.try to let us know how you get on.

[demon_x_slash]

Bradqwer, you have been advised on your original thread. The landlord cannot just 'say' he has served notice, same as he cannot just throw you out on the street. If he comes round today, don't let him in. If he tries to get in, phone the police, and TELL THEM on the phone that your landlord is trying to physically and forcibly evict you without a court order. Tell them he is damaging the property and if he gets in will commit violence against you. Again, as advised, call your local council's Housing Office and tell them that you have been cut off from all utilities and the LL is trying to forcibly and illegally evict you. You still havent replied as to whether these utilities are in your name or the landlord's. Please help us to help you by replying to the questions in your thread, giving as much detail as possible.

[Bookworm]

3 threads merged. Please stay on the 1 thread per claim, it does makes things easier to follow for all.

[petcat]

brad how u getting on? hope your ok.

[easypeasy72]

yeah this thread makes you realise how obscene this country really is......who says theres no such thing as poverty in the uk? hope you got a roof over your head mate.

[jackieandwayne]

Do you have an Assured Shorthold Tenancy? If it has run out then it lapses into what is called periodical, you still have to be dealt with properly, the correct notices and lengths of time must run, and nobody, but a county court bailiff can evict you. You go nowhere, until you have a court order giving you a date to leave and/or you still remain and the bailiff turns up.
You must still be given the chance to speak in Court if you want to and although both Notices, 8 for rent and 21 for end of tenancy contain mandatory grounds (that is the judge MUST grant possession) he can and often will allow you up to 42 days to vacate if to do otherwise will cause extreme hardship .

You say you haven't received the NOSP's - Ask for copies of the S8 NOSP and see if it has been issued using Ground 8, this is the mandatory clause in arrears, if they have made an error and used Grounds 10 and 11, then it is discretionary and the judge may give you a further chance. Its the S21 you need to be wary of, check the dates to see they are correct, ie 2 months notice to be given to end on the day or the day before a sum of rent is due. Also ask to see the proof of service that the landlord will be required to show in his court bundle - that is the document that shows how he served the NOSPs on you, either personally, and you will have signed for them, through your door and he will have signed to say he did this, or by registered post. If you really haven't had them the judge may believe you and order that they are reserved, it starts the ball rolling again!

Finally, go to Shelter if you have a local office, they love charmers like this and they are experts.

I hope this all works out for you, you must be so frightened right now.