Hi guys I'm just getting round to doing my claim, which hopefully I can get heard thanks to hardship criteria. I'd love to claim interest at the contractual rate if at all possible - I have charges going back ten years! What is the current state of play with it? I see someone lost a case in the high court about it, how come the banks were able to challenge that without conceding the unlawfulness of the charges - was there two cases involved? Any advice/help/references appreciated thanks

Are you sure? I'd love it to be true! But there is a clause in the contract something like this, does it not matter? Landlord's Break Clause The Landlord may bring the tenancy to an end at any time before the expiry of the fixed term (but not within six months of the commencement date) by giving to the Tenant at least two months' written Notice stating that the Landlord requires possession of the property. A Notice under section 21 of the Housing Act 1988 will suffice to implement this sub-clause (this was from the 2006 contract, but am sure the 2007 which I cannot find right now is very similiar)

I suppose, we signed a fresh contract, but there was no inventory taken/deposits handed back, when we move out they'll take an inventory and assess any change from when we first moved in in 2006. It's all joint tenancy.

I originally moved in on the 6th June 2006, for a fixed term of one year. We renewed on the 6th June 2007, with a change of one tenant, for another year, same rent. The deposits held are the ones we gave in 2006. We received the notice (in an envelope addressed to 'the occupier', first class postage - not recorded) on the 24th January.

HOUSING ACT 1988 Section 21(1)(b) Assured Shorthold Tenancy : Notice to Require Possession Fixed Term Tenancy To: our names Of: our address From : Landlord's details I give you notice that I require possession of the dwelling house known as address After: 22nd March 2008 Dated: 22nd January 2008 Signed: agent for landlord + signature Landlord's Agent Agent Details Notes: 1. On or after the coming to an end of a fixed term assured shorthold tenancy, a court must make an order for the possession if the landlord has given a notice in this form. 2. When there are joint landlords, at least one of them must give notice. 3. The length of this notice must be at least two months, and the notice may be given before or on the day on which the fixed term comes to an end. What to do if this notice is served on you This notice is the first step requiring you to give up possession of your home. You should read it very carefully. Your landlord cannot make you leave your home with out an order for possession issued by a court. By issuing this notice your landlord is informing you that he intends to seek such an order. If you are willing to give up possession without a court order, you should tell the person who signed this notice as soon as possible and say when you are prepared to leave. If you need advice about this notice, and what you should do about it, take it immediately to citizens advice bureau, a housing advice centre, a law centre or a solicitor. ________________________________________________________________ Certified as a true copy of the notice that I, agents details, served on the tenant by registered post on 22nd January 2008 Signed signature Name agent's name Witness signature Name witness name

The police (unofficially) suggested that it was not a black-and-white legal matter, and that if someone is making threats against life and property, you can rightfully take the necessary steps to protect yourself.

We are inside the fixed term, although IIRC there is a landlord's break clause in the contract which could apply. May I ask Mr.S - would the landlord have messed up if they didn't sent the notice by recorded delivery, and it got lost in post perhaps?

update Well turns out we got two months' notice - the landlord has asked us to leave! The situation with the problem housemate just became intolerable. At the point where she started making threats to damage life and our property, I called the police and she was taken away for the night (they would have taken her to hospital to be assessed but there was an incident there so she was left with a friend). The police tacitly advised us that changing the locks wouldn't be a bad idea and we could call them if there was further trouble. So, next day we go to the agents and their maintenance guy changes the lock for us. All well, and things turn out to be fine with the problem housemate as she now finds a place and comes around to pack up her stuff, and starts behaving reasonably. However in the middle of it the management of the agency decide had decided that the situation was out of their control and they had to give notice! We are very upset about this and are planning to appeal to the landlord directly if they will not withdraw it. Do we have a possible legal case? And if we stood our ground until told to leave by a court, how long would we have left?

thanks Mr S. It seems you are right. I've been misadvised on this question by the CAB.

Are you sure about that? It's not the advice I've received so far. Shelter: I am living with someone (cohabiting)

It's a joint tenancy in our three names (no lead tenant). Yes I knew what she was like but was hoping she'd improve not get much worse. Plus I now see her behaviour differently as manipulative not just troubled. She has quite a few friends - she won't be homeless. We very nearly called the police on the night in question. But that's been the only occasion for that and she seems to have calmed down since. I do still care about her - I don't want her to lose her job. I don't actually believe she is a danger to herself or others. At least I hope not.

Yes it's the same housemate that I've tried to help with money issues No, female, no. I'd be far more sensitive and less sure of myself if there were yesses there. As it is, I've done so much to look after this girl but now realise it was just effort down the drain, and this girl is a user who takes no responsibility for herself. There is something of the newer girl upsetting the order of how they were before by making me realise I didn't have to put up with a housemate who would steal my food, lie, do no housework at all, and demand that her broken stereo have pride of place in the living room, etc etc. it's a long story and I don't really want to bore the forum with it, I'd just like to know the legalities of it all

We renewed on 6th June for a year. It's an assured shorthold tenancy. There is a break clause which would require 2 months' notice. But my question surely would apply to any joint tenancy. Can an agreement be made to be released from the current contract by mutual consent without all tenants signing up? For my understanding is that one tenant will speak for all. e.g. with the notice to quit, if one tenant gives it, it holds for the others whatever they may wish.

Hi, This is a problem I haven't really come across before, and neither had the guy on Community Legal Services I spoke to! I've been living a while with a girl who has always had problems and difficult behaviours but since we renewed our contract with a third new tenant she's just become impossible, stealing food, not doing any housework, using my phone without permission, being short of the money for bills (and said phone bill) etc etc We asked her to leave a week ago giving her a month (we have six months or so left on the contract) She has dug her heels in saying that she had no intention of going, or if she was, it was at her convenience. And when she came back drunk on Tuesday night she subjected us to three hours' of harassment chasing us around the house and arguing - quite crazy (she has been receiving treatment for depression). My question is this - I know any of us can give two months' notice to end the tenancy - and that then holds for all. But we'd like her out sooner than that, especially as we have two friends looking for places to live right now. We now have the landlord on our side, so it is possible for any of us to simply ask to be released from the contract at the end of this rent period? And then for the landlord to agree, and then that would hold for all?

Has anyone else taken on this one? I've just been hit for £32.00 'payment charges', which is £4.50 payment processing fee £7.50 Late payment charge £20 service restoration charges grrrr!!!! I'm doubly ****ed off because I thought I'd paid it when the computer rang me up and I tapped in my debit card details, but it then put me on hold and I hung up thinking I'd paid the bloody thing