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Found 13 results

  1. Hold onto your hats, this gets quite confusing! ... I have received a section 21 from a rogue London Landlord after complaining to the council for serious disrepair. I signed a tenancy agreement back in 2010 and the Landlord was a different company, but we paid our rent to a letting agent who managed the property. The company I now refer to as my landlord has been in charge of the maintenance of the property since 2011, yet the Agent still collects my rent payments. We have just last 2 weeks received a section 48 - which i have not signed receipt of... The landlo
  2. Hi, I have made a claim for repossession but I made a mistake in the form. As a result, I sent a witness statement to the tenant. However, one day after I sent my witness statement and further documents as evidence for my claim (certificate of service,etc) to the tenant, this last sent his defence to the court, apparently ignoring (he acted like he had not received it yet) my last documents sent to him (one day before). Two days ago, I received a copy of a letter he sent to the court asking the judge to disregards my last documents since they were sent after he filed his defence
  3. Hello, I served a section 21 notice on my tenant recently and upon expiry of the notice, she's refused to move out. I am therefore preparing to apply to my local county court for possession, but kindly require clarification on which forms to submit. I am aware I need to submit claim form n5b, but what I wish to know is whether there are any other documents/forms I also need to submit with it. I would very much appreciate some assistance on this, as the justice.gov.uk website itself appears not to have any guidance notes available for users.. Thank you.
  4. Hello, I have received a Section 21 notice. My landlady has said via email that she has no intention of asking me to leave and making me homeless before I can move into the property I am buying, but that she has had to serve the notice in order for the agent to market the rental. The notice asks me to leave on a date in August 2013. The covering letter, signed by same person as the notice, says I'm required to vacate on a date in August 2014. Is this notice therefore valid? Is this perhaps her way of saying I don't actually have to leave until I'm ready? The agent has written an
  5. Good Afternoon, Thanks for reading, and hopefully I can get some much needed answers to calm me down.. Before I write all this, I'm aware of the mistakes I've made and will learn from it as I've been heavily held to ransom by my tenants, and by not doing a tenancy agreement... I rented out my 2 bedroomed house to start a new life away from the village I was in. This was a rush letting, so I didn't check the tenants etc, didn't even draw up a tenancy agreement, but stated no DSS / Benefits. Long story short on this, I barely received rent, but found out they were on benefits, so
  6. Hi, My current tenancy ends on 17th of July and I've just today received this: ********** Assured Shorthold Tenancy: Notice Requiring Possession: Periodic Tenancy To: *my housemate and I* Of: *our address* From: *our landlord* Of: *his address* I/we give notice that I/we require possession of the dwelling house know as *our address*. After the end of the period of your tenancy which will end on the 17th July 2012 Dated the twenty eightth day of May, two thousand and twelve Signed, either by, or on behalf of, the Landlord Date: 28/5/12
  7. Hello, I have two questions for you, if I may: 1. My landlord has served me with notice requiring possession of the property at the end of our fixed term AST, however a. this has been sent via e-mail and b. it does not mentioned Section 21. Is this a valid notice? 2. My landlord did not protect my deposit within 14 days of receipt, but has since (over a year after it was paid). Where would I stand if I wanted to dispute this? I've tried to keep it succinct, but if you need further information please do not hesitate to ask. Otherwise, thank you in advance for your advice.
  8. Hello, My current landlord served me a Section 21 notice that expires in two months time. However, my deposit is not currently protected so from what I have read, his section 21 notice is invalid. What I need to know is this: If he continues with action and makes a court date for the Section 21 notice, am I able to counter-claim for 3x deposit and return (or protection), as well as making the S21 void at a hearing? I need to know if there is any kind of monetary counterclaim ability in a Section 21 hearing as there is in a Section 8 hearing, because I am eager to counterclaim fo
  9. Please can someone help me with the current situation I'm having as a tenant. To summarise: 1) Our deposit is currently NOT protected. It was originally protected and held by Agent through MyDeposits scheme but the agent went bankrupt and the deposit disappeared and became unprotected. MyDeposits informed LL and us of this via letter AND I asked him via letter (and over phone) to please reprotect and give us information within the same month it happened (about a year and a half ago). He never reprotected (I have checked with all three schemes this month). 2) Reported quite seri
  10. Hello, I'm wondering if anyone could please assist me in a rather complicated tenancy dispute/issue I am having with my landlord? Basically, the story goes like this: My housemate and I moved into the property in June 2009. In September 2009, the estate agent company managing the property went bankrupt. Anyway, we received a letter from MyDeposits informing us that because the Agent is holding the deposit and that their membership has been cancelled with the Scheme, that our deposit would become unprotected on December 15 2009. The landlord was also made aware of this
  11. hi im wondering if ANYONE can help me..... i have got behind in my rent due to work issues, im on a AST (Assuerd Shorthold Tennancy) BUT im out of the tennany aggreement... my letting agency have given me a section 21 which ran out today at 5.30 - my aggency is now telling me they can go to the court tomorrow morning and apply for a possession order which will take 48 hours and they will be able to remove me on thursday at 9am.... but as far as ive read they would need a possession warrant to remove me? if they get a possesion order by thursday how long will it take them to get a poss
  12. Painsmith Soilicitors have just posted a new blog entry at http://blog.painsmith.co.uk/2010/08/23/after-a-section-21-notice-expires which clarifies matters very nicely. I have found considerable confusion amongst landlords and commentators on some aspects of the uses of these notices. It reads: "We are often asked the question of what the situation is once a notice pursuant to section 21 of the Housing Act 1988 expires. Thanks to the decision of the House of Lords in Knowsley Housing Trust v White it is known that a tenancy agreement for an assured or assured shorthold tenancy d
  13. I am a landlord and a month ago I served my tenant with a Section 21 notice - which still has a month to run. The tenancy agreement is a AST (periodic). In the last month, the tenant has become 2 months in arrears in rent payments and I am considering a Section 8 notice on the grounds of arrears, persistent late payment of rent and noise/nuisance to neighbours. I am considering this because I believe that the tenant will either: 1. Do a runner - and leave without paying the arrears. The damage deposit will not cover the damage to the premises and the outstanding rent. 2. Refuse to
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