Urgent advice needed

[jackieandwayne]

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!

[jackieandwayne]

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!

[jackieandwayne]

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.