Being Evicted.

[AllNancy]

My home was bought by my daughter and son in law. It was in his name for tax purposes then they split up. He was awarded £20,000 by the courts after the divorce with the proviso that if there was no money then my home would be sold.I am at this stage.

 

He sent me an eviction letter giving me two months but I am confused as to what this letter should contain. It makes no reference to any section of the housing act.

 

I am periodic assured shorthold tenant. No rent arrears, no written tenancy agreement and have spent several thousand on the place.

 

As you can imagine at 71 I am extremely worried and desperately need some help and guidance.

 

Thankyou

 

 

Nancy

[maroondevo52]

Hello and Welcome,

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[AllNancy]

Thankyou

 

 

Nancy

[MrShed]

Sounds like standard S21 notice. This notice does not have to be in a prescribed format.

 

Can you post:

- The full wording of the notice given.

- The rent due date

[callumsgran]

Welcome Nancy, dont worry MrShed will sort you out

[AllNancy]

Sounds like standard S21 notice. This notice does not have to be in a prescribed format.

 

Can you post:

- The full wording of the notice given.

- The rent due date

 

My Address His Address

 

 

6-8-10

 

 

Dear Mrs ...........

Please take this letter as a notice of eviction from the above address by 6-10-10.

 

I would very much appreciate it if you could settle Julys outstanding rent money and Augusts forthcoming rent money which sometimes goes into my bank account on the 26th to the 29th of some months.

 

Also as you pay in arrears, please could you also pay an additional months rent money of £422-90. In total the figure that I require is £1268.70 and all the debts will be settled. When vacating the property would you please put the keys in the stamp addressed envelope and post to me.

 

Yours

 

 

I don't owe him money. The rent is paid to my daughter and she pays him. There is no set date for rent but standing order on the 27th/28th.

 

I know the property will have to be sold to pay him the £20,000 but I just need to delay things for as long as possible and ensure that everything he does is lawful as he has just recently stood before three magistrates and lied through his teeth so he is capable of anything.

 

 

 

Nancy

[MrShed]

Do you have an initial written tenancy agreement?

[AllNancy]

Do you have an initial written tenancy agreement?

 

 

When I first moved in I had a six months tenancy agreement which became periodic after that. Then the house was purchased by daughter and now ex son in law as an investment for my grandsons.....so just continued to pay rent/mortgage on the property. No written agreement.

[MrShed]

The initial agreement is all important as it dictates the terms of the periodic agreement. Was that initial 6 month agreement in writing? If so, what are the dates listed on it?

[MrShed]

In addition, when did this all begin? Was there are deposit involved?

 

Also, did your landlord formally change to SIL from daughter at some point? If so, did you receive formal written notification of this? i.e. is the name and addres on the initial agreement still correct for the current landlord?

[AllNancy]

The initial agreement is all important as it dictates the terms of the periodic agreement. Was that initial 6 month agreement in writing? If so, what are the dates listed on it?

 

The initial agreement from the previous landlord has long gone. Yes it was a written tenancy agreement. I moved in before 1997 then moved out for a year and then returned and there was another one.....but again long gone. House purchased in 2004 by daughter and son in law. Sorry to be so vague but who would have seen this coming?

 

Nancy

[AllNancy]

In addition, when did this all begin? Was there are deposit involved?

 

Also, did your landlord formally change to SIL from daughter at some point? If so, did you receive formal written notification of this? i.e. is the name and addres on the initial agreement still correct for the current landlord?

 

Mortgage always in son in law's name. Agreement was that it would be transferred at some point. He renaged on this. I'm not sure of your last question but the initial agreement which was in 1997 and then in 1999 was with a different landlord. SIL became landlord in 2004. when there was no agreement written or verbal....I just carried on paying.

 

My daughter's name is on the land registery and in theory he can't do anything without her say so but on the otherhand she has to find the £20K and I'm stuck in the middle.

 

He has just sent a Facebook message threatening with with an old people's home if I don't comply. I should have mentioned he is a control freak.

 

 

 

Nancy

Edited September 9, 2010 by AllNancy
name written twice.

[MrShed]

OK simple.

 

Even if that was a valid notice (which it isnt) this should be successfully contested by the fact that you never received a Section 20 notice informing you of the change of landlord and change of address of landlord.

 

Dont inform him of this, simply allow it go to court then challenge on this basis, as well as the invalidity of the notice, and the lack of tenancy agreement.

[45002]

OK simple.

 

Even if that was a valid notice (which it isnt) this should be successfully contested by the fact that you never received a Section 20 notice informing you of the change of landlord and change of address of landlord.

 

Dont inform him of this, simply allow it go to court then challenge on this basis, as well as the invalidity of the notice, and the lack of tenancy agreement.

 

Hello Mr Shed

 

Just wondering would Nancy have a Assured tenancies ?

 

http://england.shelter.org.uk/get_advice/renting_and_leasehold/private_tenancies/assured_tenancies

[MrShed]

I cant see why, current tenancy started in 1999. No reason to think so.

[45002]

I cant see why, current tenancy started in 1999. No reason to think so.

The initial agreement from the previous landlord has long gone. Yes it was a written tenancy agreement. I moved in before 1997 then moved out for a year and then returned and there was another one.....but again long gone. House purchased in 2004 by daughter and son in law. Sorry to be so vague but who would have seen this coming?

 

Nancy

 

My humble apologies Mr Shed and Nancy,i missed the above post by Nancy...........

[AllNancy]

OK simple.

 

Even if that was a valid notice (which it isnt) this should be successfully contested by the fact that you never received a Section 20 notice informing you of the change of landlord and change of address of landlord.

 

Dont inform him of this, simply allow it go to court then challenge on this basis, as well as the invalidity of the notice, and the lack of tenancy agreement.

 

Is it invalid because it lacks reference to Section 21. The information that I've researched before was very confusing....

 

 

 

Many thanks

 

 

 

Nancy.

[MrShed]

If I'm honest, I cannot remember now what information needs to be in a S21 notice - it doesnt have to be prescribed format, but there is certain info that needs to be included.

 

The main defence though is that without a valid Section 20 notice having been served at change of landlord, no eviction is possible.

[Planner]

A s.21 a notice (which this would be) requires the following:

 

- 2 full months notice - 6th August to 6th October doesnt appear to be two full months to me? (should be 7th October); and

 

- the date it 'expires' must be the same date that the period of the tenancy expires so what date did you originially move in?

[AllNancy]

If I'm honest, I cannot remember now what information needs to be in a S21 notice - it doesnt have to be prescribed format, but there is certain info that needs to be included.

 

The main defence though is that without a valid Section 20 notice having been served at change of landlord, no eviction is possible.

 

With my ex son in law I need as much ammunition as I can find. I read somewhere that reference to Section 21 of the Housing Act should be in the eviction notice but then in other places it doesn't mention it.

 

I just need to hang on here for as long as possible, partly to irritate him but mainly because having rung the Council this morning their lack of urgency is quite frightening. I could be housed in the next four days or four months or more. Have an appointment with them September 24th, first vacancy. No rush then.lol

 

 

Nancy

[AllNancy]

A s.21 a notice (which this would be) requires the following:

 

- 2 full months notice - 6th August to 6th October doesnt appear to be two full months to me? (should be 7th October); and

 

- the date it 'expires' must be the same date that the period of the tenancy expires so what date did you originially move in?

 

Unfortunately I haven't a clue. It was thirteen years ago. After Christmas is as close as I can get...which isn't very helpful

 

 

Nancy

[MrShed]

Doesnt really harm you. If he doesnt know either, then hes going to have quite a job evicting you at all!

 

You could do with finding out though so that you have some evidence to show that the dates he has put are incorrect.

[AllNancy]

OK so I need to get it straight in my head for battle to commence......all I want is a quiet life!

 

1. Change of landlord, change of address. I as the tenant should have been notified. Section 20

 

2. Neither of us know the date so without that it could be a problem for him?

 

3. Eviction notice rquires reference to Section 21 which his doesn't?

 

4. There are no arrears and there is no deposit.

 

I tried to make a contribution as I think your help has been absolutely brilliant but the whole thing got wiped so I will try again.

 

Thankyou so much

 

 

Nancy

[sir_gilmour]

Hi

Welcome to The Consumer Action Group.

 

 

I am just letting you know that as you haven't had any replies to your post yet, it might be better if you post your message again in an appropriate sub-forum. You will get lots of help there.

 

Also take some time to read around the forum and get used to the layout. It is a big forum and takes a lot of getting used to.

 

 

Once you start to find your way, you will soon realise that it is fairly easy to get round and to get the help you need.

 

It can be bit confusing at first.