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Juniper55

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Everything posted by Juniper55

  1. Just had a phone call from Southern Electric informing me that they will be fitting a prepayment meter on Thursday, after I got over the shock she tells me that a company called Richburns - their agents took me to Court and now have the right to break into my house if I am not in on Thursday! She had no information at all regarding the Court date or anything to do with it, going to call her in the morning as she said she would find out. Is their anything I can do to prevent this? When I have the info can I call the Court and tell them I was not notified and maybe have this suspended? If anyone can help/advise I would be very grateful.
  2. Just an update, I have been given 28 days to move out and the LL was awarded fixed costs, so under the circumstances things went well. Thanks to the people who helped me and Nightmare4banks I will be in touch.
  3. Just to add to this I have found out that simply having nowhere to move to is not sufficient, so will have to think of things to say. So if anyone has any ideas that would really help.
  4. Esio Trot thank you for your reply If you could mention any scenarios that other people have had to help with this I would be very grateful - just to give me an idea. And once again thank you.
  5. Nightmare4banks thank you for your reply. Before I move out I will get quotes for all the house issues roof Etc and I have copies of all the letters sent to the Agents and Landlord with regard to all the issues.
  6. On dear I am sorry I am under rather a lot of stress at the moment, these are the dates: The last Tenancy agreement I paid for started on the 22/05/2006. The dates on the S21 are: Possession after after 20 Feb 2008 Dated 28 November 2007 Thanks for your help.
  7. Nightmare4banks thank you for your reply. I did not complain to the Council/Private Tenants Officer because I did not want further grief I suppose. And after Monday I will take you up on your kind offer as I will want to sue the Landlord. So the only way I could prevent being evicted would be to go to Court not owing any rent or just one months rent I suppose? I will need to ask the Judge for as long as possible to move out, so I can try and come up with both the cash and find somewhere else to live, does anyone have any idea what I could say or evidence(?) I should take with me to reinforce a request for this? Am I right in thinking that the minimum time given to move out is 14 days and the maximum is a month? And thanks.
  8. Esio Trot thank you for your reply 'The date of deemed service is key. That is why I asked for the tenancy details. There might be an error here. Lastly there are two types of s21. Which one is quoted in the form?' I think I may know where you are going with this, every year up until the last year I paid the agents (a £75.0 fee to issue a new 6 month lease) however last year they did not ask me for this and I thought this was a blessing. From what I have discovered I now have a periodic tenancy and they have used a Section 21 (4)(a) - good firm of Solicitors, like I said just clutching at straws. Thanks I really appreciate your interest/help going to pour myself a large gin and tonic cos I can see Monday.
  9. Alison thanks for the bump. Esio Trot, thank you for your reply... 'You say that the s21 notice was deemed served on 30th, and query if this is correct. Then you have neglected to say the exact dates of the tenancy agreement and how often the rent is paid, plus the date the s21 expired. Without this information nobody can say if the notice is correct or not.' Perhaps I have not made it clear, I have discovered that simple errors entered on an s21 notice can make it invalid - as I said clutching at straws... However from what I have discovered a simple mistake can make the s21 null and void. And I asked several questions in this regard: 1. The Solicitor for the Landlord has not put the Landlords correct address on the form, he lives in France and they have used the agents address is this okay? 2. I read this on another forum regarding the dates on the Section 21 notice: ‘The date served is NOT from the date the Notice is issued but the date the tenant is deemed to have received the Notice. As an example if delivered by hand to the property after 5 pm it will need to be dated the next day.’ The date on the notice is the date it was posted to me – 28th, the Court documents have an attached Certificate of Service (The solicitor saying that it was posted via first class mail) and it says ‘The date of service is therefore deemed to be 30th Etc. Is the above okay or should the date on the Section 21 notice be the 30th? So I am asking are these 'errors'? Have they filled out the form incorrectly? 1. Landlord incorrect address? 2. Wrong date? What do you think? And thanks so worried at the moment - trying my best.
  10. I am desperately worried about the court case I will be attending this Monday morning, I have done hours of research on this very helpful forum and I have come to realise because I am over two months behind with my rent that the Judge will have no choice but to grant possession as the landlord has issued a Section 21 notice. There is no way I can pay this off before Monday. So I am desperately looking for anything I can do to prevent this, I realise I am clutching at straws however as I cannot afford to move into a new home at the moment so I have to try. So if anyone could help me with any the following points I would be very grateful: To begin with I am trying to find any fault / mistake on the Section 21 notice as I have read that any mistakes or typos could delay proceedings. The Solicitor for the Landlord has not put the Landlords correct address on the form, he lives in France and they have used the agents address is this okay? I read this on another forum regarding the dates on the Section 21 notice: ‘The date served is NOT from the date the Notice is issued but the date the tenant is deemed to have received the Notice. As an example if delivered by hand to the property after 5 pm it will need to be dated the next day.’ The date on the notice is the date it was posted to me – 28th, the Court documents have an attached Certificate of Service (The solicitor saying that it was posted via first class mail) and it says ‘The date of service is therefore deemed to be 30th Etc. Is the above okay or should the date on the Section 21 notice be the 30th? Additionally I have read that because he is using the Section 21 then any claims I have against the Landlord will not be heard/be relevant and that this only occurs under a Section 8 process, therefore am I right in thinking that he will basically be granted possession on Monday and that the only thing to be determined will be the time I am given to move out? I ask this as I successfully had the case adjourned and in my letter to the Court I mentioned the following: (Please note I originally rented the property in 2005) I have had to endure a leaking roof from the date I moved in, despite repeated requests this has not been looked at, never mind fixed. The door has been hanging off in the kitchen from the date I moved in, despite repeated requests this has not been looked at, never mind fixed. The property came with the services of a gardener and this service was stopped in the Spring of 2006, I was promised a new gardener however to date one has not turned up. I wrote to the agents saying that I was paying for this service and if it is stopped I should have a reduction in my rent, I was told unceremoniously to forget it! In March 2007 the Landlord sold part of ‘my’ garden to my next door neighbour, this ended up destroying a beautiful approx 20ft long flower bed I had created in the garden. I then had to endure 3 months of the builder from hell, I had no privacy at all in the garden for these 3 months. Incidentally the only way I found out about this is when the builder commenced his destruction of ‘my’ flower bed. Following this the builder then started to be very rude and abusive and I had to call the Police, this horrible situation carried on for 10 months and basically the stress caused me problems with work and life in general. During this time I wrote both to the agents and the landlord about further damage to the property and never had a single reply, in the end I was advised to write to them telling them that I would not be held responsible for any damage caused to the property. The driveway has concrete flags on it and has suffered subsidence, several flags are at all angles and I worry about a friend tripping over them in the dark. Once again I wrote to the landlord about this April 2007, to date nothing has happened. I could go on however I am worried that this post is already to long, I am just so upset by everything. As the Court saw fit to grant me an adjournment does this mean that any of the above may have a bearing on the outcome? Does anyone think I may get a suspended possession order even though it is a Section21 and I am more than two months behind with my rent? Additionally I will be able to bring the rent up to date in 2/3 weeks time and plan to tell the Judge this at the hearing. Apologies for the length of this post and if anyone can help with any of these questions I would be very grateful.
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