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OK a slight update, a friend who lives oppersite called me yesterday afternoon that the landlord came around yesterday while I was at work and tried to enter the flat (We had the locks changed as my partner lost her key and as we don't have his address we could not send the spare set to him).

 

I was under the impression that he had to give 24 hours notice if we wanted to visit ?

 

Anyway he then waited until my partner came back from work after collecting our son from nursery and precedded to give her jib in a very menacing way, she politly told him to contact me as I am dealing with it.

 

After I finished work I called him to remind him that the rent is in a savings account and asked when will we get the boiler checked and gas safty certificate and when will the bathroom / tab / damp be addressed (I must add in a polite manner).

 

He then started to accuse me of living "rent free" and changing the locks on purspose and going behind his back (e.g. contacting the environmental health)

 

I pointed out that I am more then happy to pay the rent if he can provide an address as per s48 and a bank account details where I can transfer the money into, at which point he said he will speak to his laywers and then hung up !

 

I have a feeling when I get home today I might find the door smashed in and everything nicked :(

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  • 4 weeks later...

Just a update.

 

No news yet, they have not contacted us at all and no letters yet :(. Environmental Health are still trying to get in contact with them (mean while I had to purchase a inflatable bed as can't live sleep in the bedroom).

 

And still no gas safty certificate !!

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not sure what worries me more, the fact you have such a dodgy land lord or the fact you dont have a valid tenancy agreement in place! did i read right saying you have not signed a new agreement in all this time? i do believe it is law to renew and you HAVE to sign it to stay on. what was the original term you signed to when you moved in?

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not sure what worries me more, the fact you have such a dodgy land lord or the fact you dont have a valid tenancy agreement in place! did i read right saying you have not signed a new agreement in all this time? i do believe it is law to renew and you HAVE to sign it to stay on. what was the original term you signed to when you moved in?

 

This is competley inaccurate.

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Just to help anyone reading: S21 Notice of Seeking Possession issued when landlord wants property back - he doesn't have to justify or give reason. (I think you have what the Court will say is a periodic tenancy that is an AST of fixed term which has lapsed and not renewed). Check the dates are correct TO THE DAY (8 weeks) and if not point this out to the judge who should order your landlord to reserve correctly - another 9 week delay!

 

S8 NOSP used for rent arrears if served using Ground 8 (can't remember which Housing Act off hand!) which is for over 8 weeks rent, this is a mandatory ground, judge must give possession but he will check all dates of NOSP are correct and rent account is correct

 

Or Grounds 10 and 11 gives the ball to the judge and is used for under 8 weeks but persistent rent arrears/late payment. (Council tenants, yours is different I believe the Council can only go on these grounds if you are a secure tenant - they can't use Ground 8 - stand to be corrected but think I am right).

 

Grounds 8, 10 and 11 can all be put on the notice in which case the judge will ask the claimant at the hearing which grounds they want to run with.

 

Your landlord has served you S21 because he knows he will eventually get possession this way, otherwise he has to wait until you are 8 weeks in arrears for any effective notice to be served. (Well, if he had got the first lot of paperwork right and let you have his details that is!) But he will sort this out eventually so you do need to prepare to have to move.

 

Sadly I see too much of this thing now, unhappy tenant, with very valid disrepairs, has the bare faced cheek to exercise their right to involve the council and then whack S21 and out the door with them.

 

In your case you are losing your home through no fault of your own, you have a child under 18, therefore the local authority has an outright duty to prevent your homelessness and if they can't then deal with you so that you are not homeless.

 

Shelter is a good organisation to pop in to see - they will check all your documents and make sure the dates are correct - believe me, one calender day out on your NOSP and the landlord has to reserve with the correct dates! (This is when he has first sorted out the business of you not being able to contact him of course!) This is why I always put 9 weeks on the ones I have to issue! Covered.

 

Re this damp - if you can afford it I would get an independant company to check it out and tell you in written form exactly what it is. Your landlord will probably try and fob you off with "its condensation - its your fault!" And don't forget, dampness etc does make people ill.......

 

Good luck, and if nothing else, have a game with the guy! And think on, in a few month time you could be tenants in affordable modern LA or HA accommodation! As your local authority are now going to have to assist you!

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Forgot to say, re the gas safety certificate - I know you say EH are involved, however, I do believe you can make a complaint yourself to the Health and Safety Executive. Not sure how, but a google may help. I believe all residential landlords are required to supply a CP12 safety certificate every twelve months to show that the gas installation has been serviced and is safe and i can tell you that where access cannot be gained (I'm talking about HA's but should apply to any landlord) it is taken so seriously that landlords have applied for injunctions to break in and do the work. I do know that a valid certificate has to be available at every let and things like boilers have to have a sticker on them with the date it was last serviced.

 

Whilst on the subject of what your landlord should have done etc - why don't you upset him a bit more when you next see him and ask him what arrangements he has made to supply you with an Energy performance certificate for the Property! If he don't do one now, he's going to have to provide one for the next let.

 

Look at it this way - he clearly needs education and you are only helping him!

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Just spotted something else in your thread (then I'll shut up honest!). You say that on expiry on the NOSP you expect him to come round for the keys. NO, No, No!

 

On expiry of nOSP (that is the date on the form that he would LIKE possession) he has to go to the County Court and start a claim for possession. The judge sets the date, and the bailiffs call for the keys! So if the guy wants the keys, you can tell him "of course, just send the bailiff to ask me!"

 

I never like to hear that any landlord has keys to anyones home - this is very bad practice. However, if a landlord were to enter your home and take possession without following the proper court procedures, or before the bailiff that would be illegal eviction. Big trouble for him, and a possible claim for damages against him too. Also, if he keeps waiting for you at the property and starts to get unpleasant he is harassing you and this is against the law.

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The section 21 notice was defective. It was received on 15 October and stated that possession was required by 15 November (se OP's post no9). It fell foul of the minimum two months requirement of Housing Act 1988 section 21(1). There may be other defects besides. Any proceedings the LL may begin based upon that section 21 Notice will fail and the LL will have to go back to the start again and issue a proper section 21 notice. Meantime, you might care to use the proceedings the LL issued as a route to counterclaim for damages for disrepair. By being served with a Claim Form seeking possession you should learn of your LL's address too.

 

x20

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Thank you all for the advice (Planner, jackandwayne and surfaceagentx20 !), but I am struggling to understand their (the landlords) next move as such.

I mean it seems they know that they served a incorrect s21 (As the dates were clearly out), they also know that they have failed to to get the gas safty certificate and investigate the situation with the damp (Even though the Environmental Health has been trying to contact them).

 

I do have everything documented, but I am thinking what if they decide not to pursue going to court and decide not to continue paying the morgate (As they were in arrears), how soon would the mortgate company try to re-possess the property ? would it be in the next 3 weeks over xmas ?

Could I posssibly contact the mortage company to see if I can pay them directly ? (Am just trying to cover all bases, then after xmas and ny and moving for sure).

 

p.s Went to home base to buy some safty gadgets (Carbon Monoxide and fire alarms) just in case.

 

Thank you all so far

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  • 1 month later...

OK kind of a Final Update:

 

Got a letter today: "Notice of Eviction" dated the 8th of Jan from the local county court !

 

Looks like Elvis will be leaving the building ! LL has not collected their letters for the last 2 months, so I am assuming they dont care and would rather be rid of the property (It needs the boiler changed, nogas safty certificate, damp etc).

 

So it looks like I need to get out ASAP........

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OK kind of a Final Update:

 

Got a letter today: "Notice of Eviction" dated the 8th of Jan from the local county court !

 

Looks like Elvis will be leaving the building ! LL has not collected their letters for the last 2 months, so I am assuming they dont care and would rather be rid of the property (It needs the boiler changed, nogas safty certificate, damp etc).

 

So it looks like I need to get out ASAP........

 

OK, so I've got to ask some questions

this Notice of eviction is it to do with the original section 21 issued by the Landlord?

Did you receive court papers prior to this?

Did you respond to the court within the 14 day time limit?

 

As far as I can see the section 21 was/is invalid because you should have been given 2 months notice. I know you said you received this initial notice much before christmas but it appears that it was invalid. Do we think the Landlord has re written 'a notice' and produced THIS one to the courts instead of the original? You mentioned that you felt they were aware of this mistake!

Have you received court papers? I don't see any mention of this in other posts (although I may have misread some, it IS early in the morning)

 

You state that you think they may have just given up the property, a mortgage company still has to go down the same route as a LL so the fact they may have written to the LL and he's not picked up his mail isn't your fault.

Is the notice of eviction addressed to you or the Landlord?

 

We need a lot more information on this case to advise correctly but for now, stand your ground, reply giving the answers so we may advise which way to go with this.

 

It's getting mightily confusing now.

 

 

A very little known fact here that may be interesting for others also :-

 

County Court staff (i.e. the people who take your paperwork at the desk, not the judges) HAVE to file any appeal and book a court date regardless of whether the judge has ruled or not. (before bailiffs are insructed that is)

Subsequently you can go to the county court office and ask to discuss this case with the Judge, the desk staff will book a court date for you and the Landlord 'should' attend.

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Hi Sorry

Was rushing my reply before, here is the more info

 

The notice is from their mortage company seeking re-possession (Which it looks like they have got).

 

We didn't get any correspondence at all (There have been letters coming for them but we didn't open them at all) so we have not even been in contact with the courts.

 

This letter however had their name and any other occupants so we opened it and there you have it.

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