Suing landlord, what next after LBA?

[Bazooka Boo]

Then after the LBA (which she will 100% ignore) what is the next step?

 

LBA's need to be sent recorded delivery, once she is out of time to rectify, 7, 10, or 14 days, whatever you feel is appropriate then you need to back this up with a small claim against her, it costs about £35 and is very simple to do, any fees you have to pay to do this are added to the total amount you are claiming from her.

[Snorkerz]

Your LBA should be sent by mail - no need for recorded delivery - just get a free certificate of posting.

 

After that you can commence a claim online at www.moneyclaim.gov.uk or by paper, using court form N1.

 

Once you have submitted your claim (with the fee of £25 for a £160 online claim - £35 if you use N1) it will be sent to che defendant. The defendant will have 14 days to respond to it. The court will send you a form with when it was sent, and when they must respond by. If they don't, you can fill in the form and apply for a judgement by default.

 

If the defendant does respond with a defence, they are also likely to submit a countercaim (for the builders, damage etc). Details of this will be sent to ou with an allocation questionaire, which you have to fill in and send back with your defence to the counterclaim if applicable. If there is a counterclaim, you must respond to every single point raised - even if you just say 'I deny this' otherwise it will be taken that you accept that point.

 

You will have to pay a hearing fee of £25 if it goes to a hearing.

[mariner51]

"I'm starting a new thread because the old one in which I'm aksing the same questions is not gettign any help."

 

May be because you were failing the attitude test. I believe your last post on old thread stating

 

** edited **

Edited September 18, 2011 by Conniff

[Conniff]

Then after the LBA (which she will 100% ignore) what is the next step?

 

The next step is action. If you are not going to take action the day after the LBA expires, then don't bother sending it.

[marlow]

As I should imagine is the case with all letting agents, they send me a letter barely 3 months into a 6 months tenancy asking if I will be wanting to renew for the next 6 months so as they can say if they don't hear from me soon the TWO months notice I am legally owed will begin as from 2 months before the end of the tenancy. I HAVE to let them know what I'm doing well in advance and sign the paper.

 

So if I've signed saying yes I'll be continuing on, surely I can still change my mind and give them notice no later than one month before the tenancy ends?

 

Thanks in advance.

[Bang!]

Where in the UK are you (different laws north and south of the wall) - and if you can find your tenancy agreement what type of agreement does it state you have?

 

If you tell us this it makes things a lot simpler to answer in more detail.

[marlow]

It's an AST and I'm in essex.

[mariner51]

T cannot give 1 month Notice to terminate T during Fixed term. T can vacate on last day of fixed term, without any Notice, (not courteous) or give at least 1 month Stat Notice once a stat periodic T has arisen, subject to stat dates.

Whilst you have indicated a wish to remain out of courtesy, LA/LL cannot require you to sign an extension/newAST without your consent, if no consent, then a SPT will be created automatically at end of fixed term. If you leave without due Notice or on last day of fixed term, then expect LL to make you liable for nec Court fees, as he now has a reasonable expectation of your continued occupation beyond the fixed term.

[marlow]

Hmmcall me dumb but I didn't really understand much of that. The term is fixed 6 months. I have signed to say I WILL renew in 2 months time. Can I bail out of that then or not?

[mariner51]

Basically LA are asking if you intend staying beyond the fixed term, otherwise they will issue a s21 to expire at end of fixed term, meaning poss repo order eviction within 1-3 months later.

I suspect your AST requires T to similarly provide 2 months Notice to Quit during fixed term (equanimity), which cannot expire before last day of fixed term. Only after SPT is created can you give min 1 month Notice to terminate T.

[marlow]

Ok what is SPT?

[mariner51]

SPT = Statutory Periodic Tenancy, formed automatically at end of fixed term, if T still in occupation and no new Agreement signed or verbally accepted.

[marlow]

Oh I see. Well I've never heard of anyone being on a month by month basis except for someone being a lodger. So for AST's it's 2 months notice the T has to give the LL as well a vice versa. Thanks

[The Carpet Cleaners]

Oh I see. Well I've never heard of anyone being on a month by month basis except for someone being a lodger. So for AST's it's 2 months notice the T has to give the LL as well a vice versa. Thanks

 

except if you move out the day before the last day of the AST then you have to give NO notice, just tell them that you are going before you do.

[sallypotter]

Don't think this info is correct.

 

Thought tenant/s had to give 1 month's notice and landlord's 2.

[The Carpet Cleaners]

Quite right Sally

 

Not if moving out at the end of AST Tenant does not have to give ANY notice at all.

 

Tenant has to give 1 months notice and LL 2 IF tenant stays 1 day after the end of AST as it becomes a periodic tenancy then.

[sallypotter]

Thanks for that,

 

I didn't realise you could leave without giving the 1 month's notice at the end of an AST.

[The Carpet Cleaners]

Yes I did it, LL didn't like it Letting agent told LL they would back her up. I took them to court for non return of deposit, and she counter claimed I gave no notice. Judge told her a contract is a contract and has a beginning and an end. So she lost. NO sign of Letting agent at the court though..

[marlow]

So I can still give 1 day notice even though I've signed to say I will be renewing in x amount of months (at end of AST)???

[mariner51]

marlow, your situation is complicated by the advance agreement you signed. Thus there is an Contract to supply / occupy for both sides. LL would not be able to hold you to new terms of AST, as that new T has not yet been created, he could sue for breach of Contract and claim consequential losses, eg up to 1 months rent and cost of re-marketing if you withdraw and vacate. If you stay, the new AST terms will take effect.

IMO you should contact LL asap and reach an agreeable solution for both.

[marlow]

Ok. I'm not actually wanting to leave as yet. I'm just looking to the future because all this sending me stuff to sign just 3 months into a 6m contract is pretty damn annoying! Guess I'll just give them the 2 months notice for when I do want to leave. Thanks.

[mariner51]

Ok. I'm not actually wanting to leave as yet. I'm just looking to the future because all this sending me stuff to sign just 3 months into a 6m contract is pretty damn annoying! Guess I'll just give them the 2 months notice for when I do want to leave. Thanks.

 

Would you prefer that LL/LA did not contact you in plenty of time?

 

You have various options

1 Negotiate early surrender of T during fixed term

2 Provide ASTreqd NTQ during fixed term, which cannot expire before end of fixed term

3 Vacate T ON last day of fixed term, without Notice. Not advised if you want a positive LL ref

4 Once SPT has been created, serve min 1 month Notice under SPT requirements

5 Accept current AST extension or new AST with new provisions.

 

Any T NTQ is enforceable on expiry, any overstay may attract civil compensation & eviction.

[marlow]

Title pretty much explains most of it. Difference with me is I pay the full 6 months up front. So, contract was renewed on 1st Sept 2012. From the agent I would usually get the next contract 3 months in advance asking if I'm staying on etc but this latest contract was agreed between just me and LL. So the 6 months was due up end of Feb and I've not heard a single thing. What does this mean? Don't see how how I'm the one responsible for sorting this. If she's forgotten in her failed management of her files why should I care? I won't be lawfully subject to any charges will I?

[assisted blonde]

if you havent heard phone and find out rather than leave it and find out whats happening, could be that the paperwork has been sent but lost in post, no rent arrives so LL goes for eviction, might not be your responsibility but I would have thought that where your homes concerned you want to know whats happening sooner rather than later.

[marlow]

Well, one thing I forgot to add is that I recevied the mandatory agent's letter a few months ago as if she was still using them. They had carried on with it because she just left without saying anything to them because she felt they'd ripped her off because they were trying to charge both me AND her for fees that only one of us should be paying. Anyway the letter stated contract was due end of March not Feb which was obviously some kind of admin mistake, so am wondering if she thinks it's the same timeframe.