homelessness / section 21

[confused mum]

An update of what has happened

 

I didn't send the draft letter I posted.

 

I have been given max points to bid for the council to rehouse me before actually being evicted. (I do think its so I'm not on their homeless stats. They know its going to happen so I'm guessing they think - well do it now rather than make then look bad! - correct me if you think Im wrong)

 

Well after my section 21 ran out, the council rang me to inform me that my LL had rung them to find out if they were rehousing me. The council told me that they couldn't tell them anything due to data protection, but did tell them that I had a legal right to stay until the courts told me to go. The council then asked me if I was on good terms (which I'm not) with the LL and if I was to tell him not to bother with the expense of the court as the council had given me points to bid already.

 

Seconds later I got a text from LL to say that he hopes that the move is going well and to drop keys off to agent. He would be round tomorrow to check the property.

 

This freaked me out but I didn't respond or tell him what the council wanted me to.

 

I took a day off just in case as my 16yr old girl was on study leave at home.

 

Agent rang to ask me about the toilets that were being fixed etc and then slipped in a question on how the house hunting was going. Obviously checking it out for LL

 

LL didnt show - thank god!

 

Today (a week later) I receive court papers for posession.

 

I will go to shelter and I have to to the council for them to see it (they wanted me to do this) but I would like you guys to give me your opinions.

 

LL has declared only one original AST agreement was made in feb 2007 and no others were made or agreed to. He also stated that the increase (that was made within the new AST in feb 2008) was agreed by all. He then added a statement of account detailing the increase from feb 2008. I have this document still.

 

He added a statement in the any other comments bit where he wrote that I was in arrears etc and made a big thing of what is owed to him. But as we all know section 21 is not the place to mention arrears or am I wrong?

 

Oh - the possession is an accelerated one.

 

Any thoughts from anyone on how I should respond within my appeal in my defence would be appreciated. ( I have the renewed AST agreement signed by LL but I didnt sign it - just paid the increase as stated in the AST doc)

Edited June 19, 2010 by confused mum
small typo mistakes

[confused mum]

Monday I sent in my appeal against the section 21

 

I was helped by Shelter which was fantastic and now I am waiting.

 

I can post my appeal here if amyone needs help or guidance.

 

Does anyone know how long I have to wait for a court/judge response?

 

Plus what do the papers look like and what details are normally written within the judges decision?

 

Thanks

Edited July 8, 2010 by confused mum
day wrong

[confused mum]

Over a week later and still waiting to hear the judgment on the section 21.

 

I have read on sticky and other threads etc that if I want to claim 3 x deposit - I should counterclaim against LL.

 

Does this mean that if the judge decides on the section 21 the LL served being unlawful or not valid, that he cannot demand the LL to pay 3 x deposit?

 

Basically what can the judge do at this point? What is his/hers limits?

[Planner]

You will have to make a seperate N208 county court claim for the deposit and the x3 compensation. A judge considering the validity of a s.21 notice does not have the power to award this.

[confused mum]

Thanks Planner!

 

I have read so many stories on here and Im getting myself confused even more.

 

At the moment I am still waiting for judge to decide if the section 21 is valid due to a second AST agreement not being submitted by LL. So I'm guessing that the Judge is going to throw out the section 21 and LL will then possibly place deposit into TDS. (deposit being £2200).

 

Now I have just read somewhere on here that if LL does this, my Claim for TDS non compliance will be a waste of time as I am still a tenant, awaiting to rehoused by the council. (LL wouldnt give me a ref to go to a more affordable property back in Feb/March, so had to stay and getting into arrears. All my pleads to move etc and his responses have been kept on email)

 

Secondly he left me without running water for over 2 months over christmas (just gone) as he was abroad in Korea and left me to sort it as he basically couldnt be bothered and didnt have an agent)

 

Anyway - do I go ahead and claim?

 

Will it definately be N208 as the claim will be well over £5000, once interest goes on.

 

What I need is some very nice person to list my route of action from now.

 

Please help me. Anyone???? Begging

[Kentish Lass]

Be very careful about going for the 3xdeposit - it cannot be claimed through small claims and can be an expensive business - especially if you lose as you can also be liable for the LL's costs.

 

I would only consider going this route if LL refuses to return it. If he protects it, well and good, at least you know you have a chance of getting it back!

[Kentish Lass]

Landlord "defence" against not protecting deposit. - Page 2 - LandlordZONE Forums

 

this tenant had every reason to believe that her case was valid and she would win - she did not - to the outrage of any normal-thinking person. I think this case makes an absolute mockery of the law and the judge should be admonished. Don't know how one goes about appealing such a ruling though.

 

The classic bit you might miss is the bit where the judge says that if T had paid by cheque, L would have kept cheque and given it back at end of tenancy - therefore not needing to protect it!

 

Absolutely unbelievable! A travesty of justice.

Edited July 20, 2010 by Kentish Lass

[confused mum]

Judge asked for a court hearing. I attended but LL didn't but he wrote a letter claming he was abroad and that he orders the judge to evict me and for me to pay arrears. Judge wasnt amused at all!

 

The hearing took 5mins and after reading LL letter he declared he didn't realise why there was a hearing at all as the 2nd AST agreement is valid and my LL hadn't declared it.

 

Struck out.

 

Meanwhile I have been given a council property - thank god and should be moving next week.

 

I have now written to LL (via recorded delivery) asking for the £2200 to be returned within 14 days or I will proceed with court action for not putting my deposit into a scheme which has a fine attached. etc etc....

 

So now it's wait and see! I guess that my LL will not return it. He thinks he is above the law! But if he does then great - that will do just fine.

 

Any thoughts out there? Do you think I stand a chance? Should I use the N208 even if its going to be a huge claim?

Edited September 2, 2010 by confused mum
added a bit

[shell in hell]

Hi Im looking for some advice for my ex partner he's been homeless now for 6 years since our marrage broke down he ha no perment address he 's been staying at friends and reletives houses since our split. He hasnt no longer got any life skills he doesnt know any rights that he might have a a man in his situation he has joint custotty with our two children i have full custotty of them but the children go every other weeknd to my his mums house to stay from friday untill sunday evenig , he dosent get along with his mum to be able to live their and she only allowes him their while he has his children the room that my ex shares with my two children is so small that my ex is sleeping on the floor and the children of oppsite sex are boy 11 and girl of 7 I dnt feel happy with this situation to contnue cos its against human rights. My ex now is very depressed and his on medcation for his depression he thought his luck changed last week when a orginsation that was a mentoring at the jobcenter offererd to help him get a place so he can sort his situation out and gain stiabity and change his outlook on life. The lady when he went down their told him that he werent depressed enough and that he had to be severely depressed before any help would be made. She also didnt care about taking any paper work to start the process off of getting his foot on the ladder she had a negitive attitude towards him and his hope of getting a roof over his head (the basics of living like a human being) im sorry put im angry at the lack of help that he hasnt had its wrong any advice is greatley appreacated thanks

[bigegg]

Hi Shell.

I recommend you give shelter a ring - they'll be able to help.

Also your (ex.s?) local council should have a "homelessness action team " or something - they should be able to arrange a bedsit or flat for your ex.

As to your children, their welfare needs to come first - if you;re not happy with the sleeping arrangements, don't let them sleep over!

[NewSAHD]

Shell in hell, hi, I'm not sure where to start, so, I suppose, is it OK to ask where you are in the UK?

 

I would imagine that the help you can receive "should" be the same across the country, but betting it could well be different region to region.

 

It might also be a good thing to start a new thread in other parts of the CAG forums - the 'benefits' section seemed to have some incredibly helpful feedback there too. I lost my job earlier last year in fairly grim circumstances and have three young children to support too. I was taken aback, however, at how much support and useful information there was for me - and others -on CAG and elsewhere. It was appreciated both then and now and things seem to be working out for the better for us all now.

 

If you do post on different CAG forums do cross reference the posts that you place though, so that posters can see each others responses across the various threads.

 

It can't be easy for you, especially as this time of year, but I'm sure that those who can help here will certainly do so.

 

These things do sometimes have a way of working out for the better too, so best of luck - and take care

[shell in hell]

Yea thanks for the advice. My ex has tryed aproaching greenwich council and they have told him that because he is a man on his own and because he has no dependents living with him he ant prioty so they carnt help him they told him to apply for a private accomatdation but because he was on a low wage at that time he couldnt afford to go privately at the time But now he is on jobseekers. And as for the children they have reglaur contact and overnight access with their dad and has done for a long time nw i dont feel that by this situation happening my children should lose out on qulity time with thier dad but thanks for the advice ill give shelter a try.