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    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Being asked to leave, after tenancy has expired


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Hi,

 

We (2 of us sharing) had a short-assured tenancy for 6 months with a private landlord (started October 05). We had told the landlord we wished to extend the lease for another 18 months. This was never done - hence we have been living in the property without a tenancy agreement.

 

At the start of June 06, the landlord wrote to use giving us one months notice to quit the property by 1st July 06. This was just a plain written letter, and did not have a 'section 33' notice along with it.

 

Am I right in thinking that the landlord should have given us 2 months notice?

 

The original tenency agrement stated that 2 months notice was required. Although the original agreement has expired, do i still have any other rights to be given 2 months notice?

 

I should add this tenancy is in scotland.

 

Many thanks in advance for any help.

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Firstly, at the expiration of your original Assured Shorthold Tenancy the tenancy became a Periodic Tenancy

 

A periodic tenancy automatically follows the fixed-term if the parties do nothing (i.e., do not sign another agreement) and the tenancy will be on the same basis as the original agreement, with all the same clauses and conditions being operative.

 

The period of the tenancy will depend upon the rent payment schedule: if the rent was paid monthly under the original fixed term, this will become a monthly periodic tenancy, or a weekly periodic tenancy if this was the payment schedule.

 

This generally follows the same conditions as detailed in the original tenancy agreement with one important difference. A Periodic tenancy is renewed at the end of each rent period unless notice of termination has been given by either party. This notice has to be given so that it is effective at the end of a rent period.

 

If you are giving notice then it must be served at least 4 weeks or 1 calendar month, depending upon the rent period.

 

The landlord must still give notice under S21 Housing Act 1988 of 2 months

 

Notice by Landlord

 

To end a shorthold tenancy the landlord must give at least two months' notice under Section 21 of the 1988 Housing Act. For notices - see Agreements & Forms

 

The notice cannot take effect for at least six months or until the original agreed term has expired.

 

Where the tenancy has become a periodic one the notice given must expire on the last day of a rent period. For example, if a monthly periodic tenancy rent day is the 20th of the month, the two month notice period must end on the 19th of the month in question.

 

There is nothing to say you cannot give more than two months' notice. Therefore a landlord could service a two month Section 21 notice soon after the granting of a six month term to take effect at the end of that term.

 

The above quotes come from the landlord zone website here

 

There is also a link to the Notices on this site. If your landlord has not served notice in the correct format or time period then I doubt that they will be able to get a possession order as correct notice to quit has not been served.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

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Thank you for your comprehensive reply installspark.

 

I have been to citizens advice as well now and they have confirmed the same. They produced a page for me which reads:

 

"If the termination date of the tenancy passes and the landlord has failed to serve a valid Notice to Quit or offer a new tenancy agreement then the tenancy adreement will be automatically renewed (know as 'tacit relocation') for it's original period or one year, whichever is less."

 

"If the tenancy agreement is automatically renewed, all the conditions in the agreement continue to apply. If the landlord wants to end the agreement s/he will have to wait until the end of the extended period. If s/he fails to give notice at the end of the extended period the agreement will once again be automatically renewed. This can continue indefinetly"

 

 

I am currently studying for final exams which finish next Thursday. This leaves me 2 days to find somewhere else to live. I have explained this to the landlord, and originally requested that I leave some belongings in a room for two weeks until I locate somewhere else to stay. He had originally agreed to this, but has since insisted that we are out of the property by the 1st July 06.

 

Reflecting on the situation I feel it is so unfair the landlord has given only one months notice and today I told him my rights to have 2 months notice and said that I did not want to cause bother for him, but I intended to stay on in the flat until I find somewhere else to live.

 

His response to this was that he would be here on the 1st of July to change the locks. What can I do now? Should I go to the police?

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Will you be leaving after your finals and finding somewhere else to live?

 

If so then I would send a letter by Special Delivery to your landlord stating theat you are giving him/her 1 months notice of termination to end at the expiry of a rent period. Also state in the letter that as they have failed to give the correct amount of Notice to quit as per the Housing Act, should they enter the property tp change the locks then this could be classed as trespass and a breach of the tenancy agreement. Make the landlord aware that should this occur you will employ the servcies of a locksmith to gain entry back into the property and the cost will be charged to them. As a breach of contract has occurred threaten to sue the landlord through the County Court but remember to keep notes of dates, letters etc

 

Remember the landlord requires a posession order to evict you. I doubt a court would look favourably on granting a possession order where the coreect procedures have not been followed.

 

I dislike landlords like this.

The advice I give in relation to benefits should be viewed as general advice and not specific to your individual claim circumstances. I cannot give specific advice on your claim as I cannot access the claim.

 

If you find the advice useful please click on my scales.

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If your landlord turns up and changes the locks in these circumstances he would be committing a criminal offence under the Protection from Eviction Act 1977.

 

Basically he needs to give you proper notice under s21(4) Housing Act 1988 (as amended) - ie because you are not in the fixed term of a tenancy - you have a statutory periodic assured shorthold tenancy, he has to serve the 2 months notice in the correct form (as set out in s21(4)) and it is quite specific.

 

Further the notice even when it's served properly which it has to be, does not end your tenancy, it lets you know that after this time if you are still there he can apply to court to end your tenancy. Only the court can 'determine' (end) a tenancy (or you can through tenant's notice, but landlords notice cannot).

 

If he tries to kick you out or even threatens it you should contact your local authority and ask for the Tenancy Relations Officer (usually in the housing advice department). They prosecute landlords for this type of stuff. First they'll have a gentle word with him or write a letter on your behalf.

 

3 more points - if the landlord is getting sh**ty you should make sure you get the place clean and repair any damage and take photos before you go- the price of a disposable camera could get you your deposit back.

 

Also if landlord turns up trying to change locks you should ring the police but they won't be trained enough to know that it's a criminal offence they might try to say it's civil - so download the PfEA off the net or have an ODPM factsheet / advice from the TRO to hand. In any case the police will act to prevent a breach of the peace.

 

Lastly you could just ring him and suggest he get advice 'cos his solicitor will warn him off his stated course of action straight away.

 

Good luck.

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I know some tenancies that have you sign the notice to quit at the start of the tenancy, but dated for the correct date that the tenancy ends, but the fact remains that he cannot come in and change your locks whilst you are not there.

 

I own a couple of flats in Scotland and have an agency looking after them because the legal pitfalls that you can get embroiled in are unbelivable.

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