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Everything posted by waterbottle

  1. Case adjourned 'till July at the earliest. It will take a whole day apparently. My lawyer reckons that they will probably try and settle as the Landlord may end up with a legal bill of £15K. I don't really care as I loathe him now...after everything he's put me through. Well done Pickle. I'm so glad for you. People on here seem to be more knowledgable than the legal profession. The power of the internet!
  2. My hearing is tomorrow. The case is more clear cut but the barrister says the chances of success are 'reasonable'. I hope that's because it's new legislation. Eviction is also on the cards. Two discretionany grounds. I am hoping all goes well.
  3. Let me clear something up phat. The CAB do not provide legal aid. They provide help with legal matters but they're, in my experience, largely useless. Legal aid is help to pay some or all of the bill for a solicitor. I think that you may need to get a solictor involved if you want to get these problems resolved. The CAB lady is right that the landlord can evict you. But it will take her time and money and once she does this you would have little reason to refrain from involving a solicitor. You may get money from her and she doesn't seem to want that! If she moves to evict you she will have to give you her address or the notice won't be valid! Eviction is nothing to do with anything that is going on now. In most cases, any landlord can evict any tenant at some point. Your question now may be how long are you prepared to tolerate her behaviour. How much are you willing to tolerate before you leave the flat? How much will you gain from her if you do leave? You can either keep fighting or try and come to an agreement. I am still puzzled by 'her'. If the person you are talking to is not the landlord, who is it? Is she an agent? You need to serve that letter to 'her' ,preferably with a witness. It will then be a criminal offence for her to refuse to supply the information on the landlord. I cannot fathom exactly what they're up to. The best way to continue is to try and get proof of everything they say. If it's not in writing then it doesn't really have any basis for you to act upon. My advice again; speak to a solicitor. Try and get a free half hour. Take everything and have it neatly presented and type up you 'diary' of events so it is clear and unambiguous. The CAB are useless and I can't find any suitable welfare rights organisations nearby. Good luck and keep us posted. And call the Community Legal Service to see if you can qualify for any professional legal help. Their number is: 0845 345 4 345
  4. I can't find any references for this and am reciting from memory. If no one can confirm or deny this then I will try to get hold of thebooks in which I read it. 1) For any rent to be due the tenancy agreement must have an address on it, at which the tenant can serve notices to the landlord. In your case Phat, if there is nothing else, this may mean one of two things. i) Any notices served to the address (of the solicitors I assume) on the tenancy agreement counts as served on the landlord. OR ii) There is no valid address for the Landlord and therefore it might be the case that no rent is due. If this is the case then it may be backdated. You may even get rent back from the past. 2)It is, I think, a criminal offence to refuse to supply details of a landlords address if you are asking for rent. Here I have cut and pasted something useful........... (1) If the tenant of premises occupied as a dwelling makes a written request for the landlord’s name and address to— (a) any person who demands, or the last person who received, rent payable under the tenancy, or any other person for the time being acting as agent for the landlord, in relation to the tenancy, that person shall supply the tenant with a written statement of the landlord’s name and address within the period of 21 days beginning with the day on which he receives the request. (2) A person who, without reasonable excuse, fails to comply with subsection (1) commits a summary offence and is liable on conviction to a fine not exceeding level 4 on the standard scale. (3) In this section and section 2— (a) "tenant" includes a statutory tenant; and (b) "landlord" means the immediate landlord. Two slight problems here: 1. You actually have to give written notice that you require an address before it becomes a criminal offense. A bit difficult when you don't have an address - but have a simple letter written out for the next time you see her. Obviously sign and date the letter, and in an ideal world get her to sign a copy acknowledging receipt or at least have a witness. 2.. It is for the authority to enforce this by laying complaint to the magistrates but you might have a bit bother finding which section of your council deals with this. Might be Trading Standards or something like Tenancy Liason Officer. Ask for the person who deals with complaints against landlords, and be ready to quote this Act. It will start the wheels moving anyway. So Phat,you will need to quote the Landlord and Tenant Act 1985 Section 1 Disclosure of Landlords Identity. I wouldn't mention any of this to them yet. Try and get a situation in which you have a witness and then let the witness see you serve this letter on them. Realistically, I think you're going to need a solicitor because they're fighting all the way. The landlord is clearly a bully and a terrible person. Might you qualify for legal aid? You can always call the CLS to find out. Perhaps most importantly, what did the solicitors say in reply to the letter that was sent to them? I would suggest that you send all correspondence, by recorded delivery, to them. If they return it to you it dort of proves that you never had a serving address for the landlord and then, perhaps, no rent is due. It's not like the landlord is going to do anything even if you do get her address. If you can't get legal aid then I would advise paying a solicitor (for a bit of their time as they should be able to cut through all of the nonsense a lot quicker. Make sure you get a housing expert! Lastly, did you sent the letter I recommended to the police. It will be useful when things escalate. Let us know and keep fighting!
  5. It's easy to say this when my neck isn't on the line but I would love you to go for the throat. If you win, you'll get 3x deposit plus (some of?) your deposit. If you lose you'll get some or none of your deposit. Could you not just apply for judgement as they have submitted no defence?
  6. You can't really do any harm by sending a letter. Have you sent the 2 letters I suggested to the police and your MP? I would suggest you send the one to the police by Recorded delivery. It will cost about £1 but without that they may well just bin it.
  7. The police will lie and lie and lie about harassment. But it is a criminal offence. I would suggest that you write a letter to the police and keep a copy. Something along these lines... Dear Chief Constable (try to find his name if you can)I have repeatedly tried to report harassment to your officers and they have repeatedly told me that this is only a civil matter. (insert examples if you like)As I am sure you are aware, harassment is in fact both a civil and a criminal matter. The Protection from Harassment Act 1997 (PHA) creates a criminal offence of harassment. S1(1) states:A person must not pursue a course of conduct which: amounts to harassment of another he knows or ought to know amounts to harassment of another (This person) has sent threatening text messages and pursued a course of action which we have found extremely distressing. The harassment has occured on numerous ocasions. Both my wife and I are feeling extremely intimiated by this. (If you have any other evidence i.e letters etc, or details of visits you can include it). My local council has also stated that it feels this is a case of criminal harassment. I am sure that you will now investigate this matter thoroughly and take appropriate measures with a view to prosecution. Sincerely, Phat256 cc. Local MP You should also send a copy to your MP and make it plain that you have done this in your letter. The MP letter should say Dear (MP's name), Please find enclosed a letter which I have sent to the police. They have mistakenly refused to investigate harassment against my wife and I as a crime. I hope you will encourage them to deal with the matter in the proper way. Sincerely, Phat 256 If you tell me roughly where you live. i.e. East London; Liverpool etc. I can try and find some sort of organisation that may be able to help you. Like a welfare rights charity. Anyway, keep going phat! Your Landlady sounds AWFUL.PM me the final copy of the letter if you like and I will do my best to check it for you. If you want you can PM me any details so I can find somewhere close to home that will help you.
  8. One more thing tonight.... When you get a chance, try and make a written diary of what has happened from the beginning. Include names and times and what people on the phone told you. Try and put it in MS Word format so it can be emailed and made into a 'schedule' more easily. It will be very useful later!
  9. Phat, sorry to be so slow in getting back to you about this matter. I have been in a similar situation and I realised that the council and the police and most other organisations will try to do as little as possible. The police will simply lie and the council probably will as well. It took me a long time to come to terms with this and it still makes my blood boil. I am trying to think of the best way forward for you. Which part of the country do you live in? Maybe post the first 3 digits of your postcode. There may be a charity that will be able to sort out some of this. I will try and find out some of the law concerned. Then we can work on a letter. Most of what the Landlord(s?) are saying seems to be nonense; maybe designed to tie you in knots. They may even be lying about who is the Landlord. Landlord means owner of the property; not whoever comes to your house to harass you. I will try and post something more concrete tomorrow so we can move forward. Try not to stress too much though!
  10. the bast thing I can think of is to call the court. They should have a baliffs officer. Explain that you think there must have been a mistake as the landlord cannot evict you from a property that he doesn't own.
  11. Harasment is a criminal offence. Put this in writing to the police. They always lie about that. They are useless. Write a letter to them about the harassment and requet a reply in writing or they will do nothing.
  12. bump anyone. this is probably complex. do you owe money on both rents? Are the LLs the same? Has the claimant gone for the office to be vindictive? Maybe the court or the claimant avoided the house because your family lived there. I don't know what to suggest except an emergency meeting with a housing expert (solicitor.) Maybe find a firm with such a specialist ( from the community legal service website or the law society website; you can search by nearest to your Post Code. Explain the emergency and ask for someone to call you back ASAP. Can anyone offer anything bettter than this?
  13. I remembered this post from last year. The poster was Josie8 and the thread's title was 'help urgently needed' in the lettings section. Sorry, I don;t know how to make this type of link. The answer is that you can always revoke a guarantor agreement and the key term is 'reasonable notice'. Read on for more details. Its ok have found answer and I can revoke guarantee In law, there is a presumption against a continuing guarantee. A guarantee will, prima facie, be construed as applying only to the contractual fixed term and not to any statutory extension under the Housing Act 1988. As a consequence, the answer to this question will depend on the wording of the guarantor agreement and the individual circumstances of the case. The guarantor will not normally be permitted to withdraw his guarantee during the contractual fixed term of the tenancy unless the guarantee contains a termination provision (allowing the guarantor to withdraw on say two months' notice). The guarantor, as with the tenant, will be bound to the end of the fixed term of the tenancy. Equally, if the landlord has granted an additional contractual term as an extension to the tenancy and the guarantor has agreed to this, then the guarantee will normally continue and remain valid for the duration of the additional term. What if the tenancy has become periodic ? In this case, provided that the guarantor has agreed to the extension either expressly, or pursuant to a relevant provision in the guarantee (the agreement can be worded in such a way as to include statutory periodic extensions of the original fixed term), then the nature of the guarantee becomes continuous and this is an important distinction. Generally, the law considers that the right of cancellation is an inherent characteristic of a continuing guarantee. This means that a guarantor may seek to revoke such a guarantee. The guarantor may revoke his guarantee by giving appropriate and reasonable notice. If the guarantee does not contain provisions for termination by the guarantor then, if necessary, the courts would make their own interpretation of 'reasonable notice'. Clearly this will depend on the individual facts but it is unlikely that in the case of a rent guarantee, immediate notice would be held to be reasonable given that the landlord is unable to terminate the underlying contract (i.e. the tenancy) with immediate effect (see Wingfield v De St Croix, 1919). There is little modern case law in this area to guide us on the length of reasonable notice but it is likely that the court would consider this to be the quickest period in which the landlord could obtain possession, acting with due diligence. For this reason, it is preferable for landlords to let under successive fixed term tenancies when a guarantor is involved, remembering to renew the guarantor agreement each time the tenancy is extended or the rent increased. Use of periodic tenancies can ultimately result in the guarantor having a right to revoke and the various uncertainties described above.
  14. I remember reading on this site a debate about being guarantor. The upshot was that you could cancel your guarantor status in as much time as it was reasonable for the LL to get a new tenant. Sorry if that is confusing. There is, in law, a presumption against a continuing guarantor. I think this meant that if you inform the LL of your wish to cancel, you should consider yourself free of the guarantee as soon as the LL could theoretically, using any means, get the tenant out. Does that make sense? Basically, once you have informed the LL of your decision, the clock is ticking for him. Can someone who is more efficient than me find this previous thread? I will search for it too!
  15. The Law Society - Complaints about solicitors The above is a link to The Law Society's page for complaints about solicitors. You could phone this without giving details to get some info on whether or not to complain and how best to change. For the link below, scroll down to 'finding a specialist'. Then you can enter your postcode and 'welfare benefits' as a specialisation. Some solicitors will help with a ten minute phone call to point you in exactly the right direction, even if they can't take your case. The Law Society - Find a solicitor If the search yields nothing, the Community Legal Service site has a search facility for 'legal aid' solicitors and, again, you can filter by area. I thought that, as this is an allegedly criminal matter, you should be entitled to some specialist advice. But I am far from an expert in this. It might be a good idea to find out what criteria the DWP use to asses whether someone is your partner. Sharing washing loads and food purchases for example. If you always did separate washing and always bought separate milk etc. this may strengthen your case. Don't believe everyone who tells you stuff. Maybe your solicitor is not familiar with this area but simply says he is. You could try printing out that essay and asking him to read it! Good luck and keep posting! Hopefully we will get an expert who knows how they will try to 'prove' their case etc.
  16. I was under the impression that ANY deposit for a tenancy had to be compliant. We can all have a look at this.
  17. Sending a lease for you to sign and then asking for it back seems to be another trick used by sneaks LLs and agents. They then keep it blank and sign if and when it is advantageous to them. There might be an arguement that everything proceeded as if he had signed but I have no idea if this would hold up. Did ANYTHING AT ALL change between the tenancy that ran from Nov '06 to '07? If yes, then it may be the case that a new AST was created automatically. Therefore he would not be TDS compliant. Did he give you a signed copy of the first tenency agreement? If not, this may be regarded as setting a pattern of the LL's behaviour. Did he, via email acknowledge the new agreement in any way? Did you let him know about the lack of ventilation? How can you substantiate this? If you were reasonable and he didn't do anything you would stand an excellent chance of getting the money back for the repairs he did. You could also make a claim for disrepair (Don't know the amount though - this can be worked on. I'm guessing between 200-800 pa depending on severity, maybe even more.). You could also claim for lost, mildewed clothes and any other losses, expenses and damages. Perhaps you have copies of letters that you or your flatmates sent by post but which the LL or agent didn't acknowledge. Without a certificate of posting they would be less useful but it would come down to who was more reliable in the judges eyes; your sneaky LL or you and your flatmates. I would try and get a copy (or the original) of the first agreement. You will need it. Then think about who, besides yourself, can attend court and what those who are absent will say on their statement of truth.
  18. Who runs the tenancy deposit protection schemes? : Directgov - Tenancy Deposit Click the above for phone numbers. Addresses require a further click. Be advised that TDS never answer the phone.
  19. The contract should say. It should be around 8 or 9 % per year. It might not say that though. I am really not sure in this point. Am I right in understanding that a letter has been sent to the solicitors to ask for the address of the landlord? Who wrote it? What did it say? Did you keep a copy? Was it sent recorded delivery? I think that, if you are not provided with an address, 1 of 2 things will happen. 1. If the solicitor is withholding it, they will be guilty of a criminal offence. 2. If they don't know it, you will not owe rent until you are given the address. Keep the texts on the phone also. This will make the evidence stronger.
  20. Esio, don't be so silly. It's not offensive at all. My objection was not to your information. It was to how you presented it. Pages of debate and then when you hear something that might affect the case you start advising him to drop it. By all means highlight new info but but pretend you know what you don't know. The subsequent special pleading must have been for your own sake. Planner, it does seem to be the case that landlords and tenants are still referred to as such after the contract has ended, and Pickle becomes a relevant person if not a tenant. I think that, like with many aspects of litigation, the defence may want to try absolutely everything before conceeding defeat. Esio, when is this case?
  21. Christ Esio, that's a bit premature isn't it? Pickle still hasn't had his/her deposit returned. The legislation clearly anticipates this kind of situation. Your quoted case law seems to be a situation where a special right - access to a LL's address with criminal sanction - is removed once the tenant has moved out. This is a situation where the legislation - financial sanction for non compliance with TDS - clearly anticipated that a tenant would check deposit matters after leaving the property. This would mean that there is no landlord if they haven't re-let. But they are still called landlords in cases which take place afterwards. If the act provided for a window of opportunity which finished after the tenant moved out it would say. If you sign a contract it leaves a place for tenant and landlord. Not prospective landlord and tenant. Maybe others will disagree but I think you have tried to be too clever here and it hasn't really helped.
  22. Can someone clear up an ambiguity for me? If a SL becomes statute barred and the SLC receive the statute barred letter, is there an effective way to stop them nicking money PAYE?
  23. Anyone have any idea about challenging the government on this as a human rights issue. The argument might be that when the loan was taken out there was no mention of it being excluded from bankruptcy. I have often wondered about this.
  24. I will have a go at answering. 1. Email correspondence can be used as evidence. 2. It might be a good idea to take the money from the estate agent and write to confirm that you are accepting it as part payment of the full amount you are owed. I cannot be sure about this though. 3. I have heard differing advice regarding this. However it seems that this should be mostly in your favour. Without a valid inventory the judge would need to be given a good reason to find against you. He would have to find this evidence more compelling than your testimony. 4. If he is liaising with you as a tenant and you have email evidence then this might function a tacit agreement. More importantly i think that once you pay rent and he accepts it a tenancy agreement is created. Not sure exactly which type though. I would think about doing all the preliminaries for a small claim against the LL. Does he owe the whole deposit to you or are you collecting it for other tenants?
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