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    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
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    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
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NOSP Ground 8 rent arrears Catalyst housing association


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Please really need some help. My Housing association have told me they want to hand me a ground 8 Notice of seeking possession order due to rent arrears of more than 2 months.

 

They have not really consulted with me whether i can afford to make payments, but have told me to pay more than £10 per week for the arrears is now £1783.

 

Unfortunately some of the arrears acquired due a previous tenancy which was transferred to them, and when i was working. I am already paying £10 per week although i am on benefits and by law required to pay £3.75.

 

I have a meeting with the manager on the phone before Christmas who told me that i either paid a big amount as £10 will take forever and they would seriously seek a NOSP ground 8 where the judges have no discretion.

 

Can anybody help on what to do at the next meeting with the manager, who just seems he just wants to kick me out!

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Hi,

 

The manager is correct, if you have 2 months rent owing on an 'AST' tenancy agreement then they can issue a section 8, ground 8 notice, and when it eventually goes to court the judge has no alternative but to give the association possession.

 

So, you need to find a compromise with the manager. Remember, your housing is a priority.

 

You say the court order is for £3.75 per week? And you are paying £10? So you can show that you are making an effort. I presume all your current rent payments are up to date?

 

When did you last sign a tenancy agreement with the HA? (This could be very important) How much is your rent per month? Do you claim all the benefits you're entitled to? Could you find somewhere cheaper to live? (A new landlord wouldn't / couldn't evict you for a debt to someone else).

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the HA can only take as prescribed in law for a person on benifits not what they want to demand , contact the welfare rights @ your local council urgently, a NOSP when issed will not be actioned if an agreement is kept to, ( and this must comply with the law ) also once the arrears are cleared it becomes null and void, the best way is to get DWP to make the amount they can legaly demand deducted from your benifit and paid direct,

 

Also a strong letter to the CEO of the HA complaining about the Managers demands should be done urgently, and also to your local councillor and MP

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Hi and thanks so much for your replies.

  • The tenancy is an assured.
  • i moved into the property in Feb 09 with another landlord and Catalyst took over in July.
  • Catalyst have not provided me with a tenancy agreement as to date or a rent book
  • Also because I am classed as having a disability would this apply:
    22.— Discrimination in relation to premises.
     
    (1) It is unlawful for a person with power to dispose of any premises to discriminate against a disabled person—
    (a) in the terms on which he offers to dispose of those premises to the disabled person;
     
    (b) by refusing to dispose of those premises to the disabled person; or
     
    © in his treatment of the disabled person in relation to any list of persons in need of premises of that description.

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Hi, firstly, I think your 'disability' clause is a bit of a red-herring - you could only rely on it if you could prove a non-disabled person in the same financial situation would be dealt with differently.

 

However...

 

It might be worth getting advice on who you actually owe the rent arrears to. It is my understanding that although your tenancy transferred to Catalyst, the arrears won't have done. Any rent you should have paid to Old Landlord is still owed to OL, not Catalyst. Therefore all the money you have paid to catalyst, since Catalyst took over, should have gone to pay rent from the date catalyst took over. Does that make sense?

 

Example:

 

Apr Rent Due £1000, Rent Paid £100, Owed £900

 

May Rent Due £1000, Rent Paid £100, Owed £1800

Jun Rent Due £1000, Rent Paid £100, Owed £2700

=====Catalyst take over=====

Jul Rent Due £1000, Money Paid to Catalyst £500, Owed to OL £2700, Owed to Catalyst £500

Sep Rent Due £1000, Money Paid to Catalyst £1000, Arrears Paid to OL £500, Owed to OL £2200, Owed to Catalyst £500

Oct Rent Due £1000, Money Paid to Catalyst £1000, Owed to OL £2200, Owed to Catalyst £500

 

Substitute your own figures, but so long as rent due to Catalyst remains below 2 months worth or rent, then you can fight a section 8 ground 8 re-possession.

 

An easy way to check might be to phone old landlord and ask if you owe them any money - if they will put in writing that you owe (say) £1000, then that is £1000 that Catalyst can't claim you owe them.

 

The above is my UNDERSTANDING of your situation, it is not a situation I have been in, so I may have misunderstood either your situation or the law. Put this suggestion to someone who knows about tenancy matters (CAB Solicitor?) and see if they agree.

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the HA can only take as prescribed in law for a person on benifits not what they want to demand

 

This is true, but while it stops them taking too much money it doesn't prevent them applying for possession of the property.

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Thanks for the info I have been scurring the website for info as well even lexix nexis.

 

The property is Housing Association and I have developed a plan to pay off more than half (3/4) the arrears in 3 years would that seen reasonable to them?

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