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Request from LL solicitor plus notice


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Following long running dispute, and a period of quiet, the LA and the LL's solicitor have suddenly sprung into action by doing the following:

 

1. Applying on the 10th February to the court for possession (not fast track)

2. When I rang and reminded them they had not given me proper notice and that I had a s.p. tenancy was paying rent etc etc, they tried to argue that their invalid Section 21 notice would do as a notice to quit. Thanks to the advice on this forum I told them they couldn't do that....

3. They have just sent me a letter dated 14th February finally with an enclosed 'official' (without prejudice to the fact that the tenancy expired at the end of the fixed term) 'notice to quit' giving a date at the end of March or the day on which a complete period of your tenancy expires.

The Notice is not signed, but is dated 14th Feb.

 

4. Also in that letter they have asked to see documents sent to me by the letting agent asking for rent "so that they may take instructions from their client"

 

So - despite having applied to the court for vacant possession, they have only just given me an actual 'Notice to Quit', after applying to the court!

 

Questions:

1. Should the Notice be signed? It's not on headed paper (I could have typed it). It says all the stuff about applying to the court if I don't quit. But they say they've already applied to the court. ???

 

2. I have constantly referred the solicitor to the LA's actions in all this. Not for the first time has the solicitor acting for the LL asked me for documents. I have declined due to Data Protection Act, confidentiality, etc etc. Shouldn't they be asking the LA these questions? I would think that if they want to take me to court then that is when I provide the documents to prove that they asked me for rent?

 

3. The LA is now asking for access to survey for electrical works (re-wiring the house) and then to do works in two weeks time. This will be very disruptive and is obviously work that the LL wants done before they move back in. Do I have to agree?

 

4. I will be leaving quite soon anyway as my parent's have made it possible for me to stay at their house for a while (not perfect or convenient). This is likely to be before end of March as the rent is becoming difficult to pay. What notice do I have to give?

 

5. Are ARLA and the Estate Agent's Ombudsman likely to be truly independent? The ARLA rep for the LA is the person that I have a complaint against.

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1. Should the Notice be signed? It's not on headed paper (I could have typed it). It says all the stuff about applying to the court if I don't quit. But they say they've already applied to the court. ???

 

I cannot find anything that says that a notice to quit must be signed. It does not have to be on headed notepaper. Since you are intending to leave, you presumably do not wish to challenge the validity of the notice.

 

2. I have constantly referred the solicitor to the LA's actions in all this. Not for the first time has the solicitor acting for the LL asked me for documents. I have declined due to Data Protection Act, confidentiality, etc etc. Shouldn't they be asking the LA these questions? I would think that if they want to take me to court then that is when I provide the documents to prove that they asked me for rent?

 

I can see no reason why you should not produce the letters now - as you say, you will have to produce them in court or file them with your defence. Prodocing them will hopefully persuade the solicitor to withdraw the court action.

 

3. The LA is now asking for access to survey for electrical works (re-wiring the house) and then to do works in two weeks time. This will be very disruptive and is obviously work that the LL wants done before they move back in. Do I have to agree?

 

No - unless there is something that requires it in your agreement.

 

 

4. I will be leaving quite soon anyway as my parent's have made it possible for me to stay at their house for a while (not perfect or convenient). This is likely to be before end of March as the rent is becoming difficult to pay. What notice do I have to give?

 

None - the landlord's notice to quit ends the tenancy on the date specified in it.

 

5. Are ARLA and the Estate Agent's Ombudsman likely to be truly independent? The ARLA rep for the LA is the person that I have a complaint against.

 

No idea.

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