RSL Notice of Seeking Possession

[jb000]

My mother is in a bit of a pickle. She has today received a notice of seeking possession from her landlord who is an RSL ex-council. It was hand delivered, it states no ground or reference to the Housing Act. It gives her one month before court action, ( I am aware it's either 2 weeks or 2 months) but this letter states one month. The only reference in this document states that they have received information that they believe she is not living there (which is an out and out lie!!!).

 

I would be grateful if any caggers can tell me whether this is invalid or not.

 

Many thanks jb000

[Steve__M]

Phone the LL and ask. It might be a mistake.

[xoAmyox]

AFAIK, the notice is invalid, as the only notice that can be given and be valid without a reference to any law is a section 21 (1) (b), which requires a minimum of 8 weeks notice for rent payable weekly, or 2 months for rent payable monthly.

 

What the LL may be relying on (and it is tenuous), is showing the court that it is not her 'main or principle home' which is a condition of an AST, and therefore trying to flout the legal procedures. However, this does not mean she does not have a valid tenancy and would have to be proven in court anyway!

 

Can you confirm a few details please:

 

When did the tenancy start?

How long was the fixed term?

What is the monthly rent, are there any arrears?

Can you post the wording of the notice (removing any personal details)?

You say its they are an RSL, is there a formal procedure set out re eviction, and also is there a formal complaints procedure to use?

Has there been any other warning before now of the LL wanting to evict her?