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Being Evicted - Advice please


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I have been served a section 21 Eviction notice, basically it seems three complaints have been made against my son all are ridiculous such as he is in a wheelchair and physically can not do what was claimed.

 

The eviction notice was served as the leaseholders of the block have told the landlord to evict me or they will take possession of the flat.

 

The first I heard of the compaints was with the eviction notice.

 

The result of this is that my son and me are bing split up he is going into a care facility and I will have to somehow find something.

 

I wanted to know where I stand on a number of issues.

 

1) I do not intend to pay my last two months rent and am going to advise them to take it out of my security deposit.

 

2) This is going to cost me a lot of money and I think it is unfair where do I stand legally.

 

Grateful for any help or advice.

 

Thanks

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Hello there. I'm really sorry this is happening to you. One of the places people on the forum recommend is Shelter, so please try to speak to them. I hope other caggers will be along with more suggestions for you. It sounds very unfair.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hb is correct with SHELTER here's the link http://www.shelter.org.uk/

 

You will be more likely to get specific advice on the legality of the eviction and process if you get this moved to the Residential and Commercial Lettings section here http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

There's a little warning triangle icon next to the Promote to Article button under your name. Use that to report your message and ask a board guide to move it

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The problem is that a landlord does not need to give a reason for eviction if using a section 21 notice. So, the allegations don't need to be proved in Court or anything like that.

 

However, a Section 21 cannot be served to terminate a fixed term tenancy before the fixed term expires. Also it needs to be served at the correct time, etc. So it's worth speaking to Shelter to make sure that your landlord has done everything correctly.

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First off, sorry to hear what has happened, can't be easy for you and your son

 

Hope OK to ask some questions - although typed at speed, so may well come back to edit:

 

A) It may be helpful, perhaps, to get back to the root cause of all this

 

Can you explain to us all what the complaints concern - and why you believe your son is not at fault? There may be a remote chance - but could be worth pursuing - that you may get the Agent(s) to reconsider

 

Bear in mind that the Letting Agent (acting for your Landlord, the owner/leaseholder of your flat) may well be completely different to the Managing Agent responsible for the block as a whole (the Managing Agent could be acting for the Freeholder of the block, or a Resident Management Company - RMC)

 

Everyone has a right to be heard, so once we know more the details of the complaints against your son we can, perhaps, help further in some way

 

At the very least I'd be tempted to write to both the Letting Agent, also the Managing Agent, if different AND the Freeholder of the block/Directors of the RMC too (it may be possible to find out separate contact details for the the latter, as appriopriate) and have them all review your case/ reconsider - as, key point for them all - whoever IS causing the problem in the building may remain after you have gone anyway!

 

The downside though is that with an AST, correctly served notices will mean possession will be obtained in due course, but that's not to say the various parties won't reconsider...

 

In the meantime could you confirm:

 

B) What is the date given for possession in the s21?

 

That's assuming it is valid, of course, which needs addressing - but there are others on CAG better versed the mechanics of what gets served and when - and whether the Notice served is, in fact, valid after all.

 

C) Take it that you're in England/Wales?

 

D) Did you pay a deposit, if so, is it protected? If not, or you're uncertain about this, DON'T ask the Agent/Landlord, come back here and post again

 

Also, you cannot be forced to leave, as such, notices need to be (correctly) served, courts need to give an order for possession and, even then, it is only Court appointed bailiffs who can take possession. If it is an AST the Landlord WILL get possession, but all this may, perhaps, give you time to negotiate

 

Post again and I'm sure all those who can help will do so

 

Good luck too

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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First off, sorry to hear what has happened, can't be easy for you and your son

 

Hope OK to ask some questions - although typed at speed, so may well come back to edit:

 

A) It may be helpful, perhaps, to get back to the root cause of all this

 

Can you explain to us all what the complaints concern - and why you believe your son is not at fault? There may be a remote chance - but could be worth pursuing - that you may get the Agent(s) to reconsider

 

My son suffers from Duchenne Muscular Dystrophy he is wheelchair bound and has very little muscle strength.

 

The complaints are as follows

 

1) He was seen sliding on a door mat in February during the snow.

 

This is physically impossible he cannot get out of his wheelchair with hoists being used.

 

2) He was seen throwing rubbish over the balcony.

 

The time of this complaint both he and I were away on holiday.

 

3) He is smoking cannabis in the flat

 

I dont smoke and I would know if anyone smoke even a single cigarette. But how would anyone know what someone is smoking.

 

All these complaints were first made know to me at the same time as I was served the eviction notice, I never knew about them ot even given the opportunity to challenge.

 

The council has found a home for my son and I am going to have to live with friends so my son and me have been split up by what I think is wicked behaviour, I think this is a prime example of discrimination,

 

Bear in mind that the Letting Agent (acting for your Landlord, the owner/leaseholder of your flat) may well be completely different to the Managing Agent responsible for the block as a whole (the Managing Agent could be acting for the Freeholder of the block, or a Resident Management Company - RMC)

 

Everyone has a right to be heard, so once we know more the details of the complaints against your son we can, perhaps, help further in some way

 

At the very least I'd be tempted to write to both the Letting Agent, also the Managing Agent, if different AND the Freeholder of the block/Directors of the RMC too (it may be possible to find out separate contact details for the the latter, as appriopriate) and have them all review your case/ reconsider - as, key point for them all - whoever IS causing the problem in the building may remain after you have gone anyway!

 

It seems the leaseholder told the flat owner to evict us or they would take possession of the flat

 

The downside though is that with an AST, correctly served notices will mean possession will be obtained in due course, but that's not to say the various parties won't reconsider...

 

In the meantime could you confirm:

 

B) What is the date given for possession in the s21?

 

1st Feb

 

That's assuming it is valid, of course, which needs addressing - but there are others on CAG better versed the mechanics of what gets served and when - and whether the Notice served is, in fact, valid after all.

 

C) Take it that you're in England/Wales?

 

England

 

D) Did you pay a deposit, if so, is it protected? If not, or you're uncertain about this, DON'T ask the Agent/Landlord, come back here and post again

 

Yes I did pay a deposit, I have decided to withhold my last rent and tell them to take it out of this

 

Also, you cannot be forced to leave, as such, notices need to be (correctly) served, courts need to give an order for possession and, even then, it is only Court appointed bailiffs who can take possession. If it is an AST the Landlord WILL get possession, but all this may, perhaps, give you time to negotiate

 

Post again and I'm sure all those who can help will do so

 

Good luck too

 

Grateful for any advice

Edited by afcwben
differentiate my comments within quote
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Hi, do you have any idea as to who could have been

 

- sliding on the mat, alternatively, is there CCTV in the block that could help identify the culprit?

- likewise, any idea as to who could be throwing the rubbish over the balcony and

- smoking too?

 

If you don't know, it's not a problem, and the Managing Agent (not your Letting Agent) may well need to send a circular to all residents anyway

 

Is the deposit protected?

 

Have a read through the stickies at http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?65-Residential-and-Commercial-Lettings

 

There are three schemes, as I recall it, and all you need do is call each of three schemes, give them your details, and check. Post again once you know, but recall general consensus on CAG is don't tell the Landlord/Agent at this stage anything about this at this stage

 

If you could PM me your Letting Agents details and the details of your own Landlord too (the Leaseholder/owner of the flat), together with the name of the Managing Agent for the block itself (it should be on notice boards in the commonways) and the name of their Client (a Freeholder, or RMC, again, you should find their name on a notice board etc) that might prove helpful - just so can be sure who are you are having to deal with here!

 

PM all this to me and I'll draft a suitable reply, if you wish - whatever you send me will only be used to assist you and will not be disclosed to any third party without your prior approval. Also, I'm happy to post the draft on this thread (with all personal details removed, of course) so you can hopefully get input from various people

 

Bottom line, I take it your strong preferance is not be split up from your son in this way, if so, please advise. I'm sure that between us all we can produce a letter in the hope of asking them to reconsider - no guarantees, but if you wish to stay there together, well worth trying, perhaps

 

As before, good luck too

As for me, happy to help out. I am not a Landlord, but I have been in the past. I am not an Agent, but I have been in the past. I am, therefore, a has been, so always seek independent and suitably qualified advice elsewhere before relying upon whatever has been posted here :-)

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I can assist when it comes to seeing if your section 21 notice is valid. If you could answer a few questions for me:

 

When (exactly) did your tenancy begin?

What was the 'fixed term' or as it may be written on the tenancy agreement 'a term certain of.....(months/years)'?

When exactly did you recieve the section 21? Was this through the post, delivered by hand, or pushed under the door maybe?

You've given the date on it, but I need you to tell me the exact wording of the notice (with all personal details removed) please

Its also essential to know if you deposit is protected, as detailed above.

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