possible breach of tenancy act

[saturday night drive in]

ok good people the letter has arrived as expected, it reads

 

as per my previous correspondance asking that you refrain from using the flat roof as a terrace , it has been brought to our attention that you are continuing to use this space and that your belongings are still present

i therefore request that your belongings are removed and you refrain from using this area with immediate effect. as explained in my last correspondance the area is not owned by regis ( my LL) and is now causing damage to the flat below as it is not strong enough to be used as a terrace.

 

there you go , for a kick off they are now in breach of the protection of eviction act section 1977c 43 part 1 section 1 paragraph 1 to 3 . as the area is part of my tenancy

also the what they now call the flat roof was refurbished in 2006 by a previous landlord who tiled the area so that we could use it as a terrace so I know for a fact it is strong enough for the job, also the new owner of the flat down stairs had a structural servey carried out 2 months ago and nothing was reported then, i also asked him if there was any damage to his flat and he said no, so they are talking a load of tosh and have not given any detail of damage caused

i am planning to reply quoting the info above .

 

i thank you for your help

[saturday night drive in]

further to my above posting could anybody advise if there is something written in legistration that a landlord taking over a protected tenancy must take on the tenancy as was and cannot change the tennacy regardless of who owns the building , im sure i have seen this some where

 

many thanks

[saturday night drive in]

ok now had a letter from the landlord stating that i have failed to remove my stuff and stop using the patio and the free holder has threatened legal action against the landlord if we dont stop using the patio and they will then take legal action against us, they are sending someone round on friday to stop us from using the patio will now contact solicitor this afternoon bit worried about someone comming i know i have to let them in but what if they tell me to stop using the patio and threaten me with legal action, im not scared of them but my wife is and she will be there on her own anybody got any advice please

[45002]

You done the right thing by contacting a Solicitor.

 

I'm at a loss to what legal action your LL can take against you a Regulated Tenant,any injunction would very much likely fail as you have been using the patio since your tenancy started some 25+ years.

 

and there are No grounds for possession of your home under 1977 Rent act.

 

If they take back by force the patio,it's harassment under 1977 protection from eviction act,I would contact the police if they start using force....

 

If force is used and you have to contact the police insist on making a written statement,don't let them try to put you off and the police saying it's a civil offence,not criminal offence.

 

Have you a picture of this patio you can upload to the forum,to show us all,beaning very carefully not to give your location away or anything to identify who you are...

Edited April 25, 2012 by 45002

[saturday night drive in]

had an interesting chat with my landlord , they have asked to see proof that i was paying rent on the patio (which i Have) they are basically being harrased by the freeholder to stop me using the patio and threatened with breach of leasei have asked the landlord to check out why they brought a property without the use of the patio when the freeholder clearly knew that iit formed part of my accomidation, seems like the freeholder wants the landlord do the dirty work and get me out , the freeholder has stiched up the landlord , i wish i could prove someone has done something real dodgy here, its getting real nasty fun ahead

[45002]

had an interesting chat with my landlord , they have asked to see proof that i was paying rent on the patio (which i Have) they are basically being harassed by the freeholder to stop me using the patio and threatened with breach of lease have asked the landlord to check out why they brought a property without the use of the patio when the freeholder clearly knew that it formed part of my accommodation, seems like the freeholder wants the landlord do the dirty work and get me out , the freeholder has stitched up the landlord , I wish I could prove someone has done something real dodgy here, its getting real nasty fun ahead

 

The argument is between the freeholder and landlord,not you..

 

It's harassment/Criminal offence,if the LL tries take away the use of the patio you been using for past 25+ years....

Edited April 27, 2012 by 45002

[saturday night drive in]

spoke to my solicitor who has advised me to see what they are going to try next as she also confirmed that this is clearly harrasment and advised that i have too much evidence against both the other parties for them to stop me using the patio,i have also written to the landlord again advising them that they are causing harrasment and their problem is with the freeholder I would like to thank everybody for their help and kindness, its very reasuring to know that there are people out there willing to help others in need a big thankyou

[45002]

No problem,as a fellow Regulated Tenant,I can understand what you are going through........

 

[Steve__M]

Good that a solicitor appears to agree with your view.

 

I find it surprising that Regis have been daft enough to buy your flat without appropriate due diligence - either that or the freeholder has failed to disclose information that they should have done!

[saturday night drive in]

so anyway heres a good one ....6 months ago i bought a legal insurance with my contents policy ....i thinks oh good i might be able to get some help..so i write to the insurance company and they say yes you have a good claim...whoopee i think ... oh by the way its not valid cause they sent you a letter a month ealier before you took out the insurance, like i knew that they were going to try legal action 6 months later... thanks for nothing ...yes thats MARKS AND SPENCERS HOME INSURANCE...im sure they are wonderfull and their chairman gets paid millions of pounds for such a super job.. am i p*******d off? of course not! im james fricking Brown, cant you see that happy smile all over my face. I guess thats why there are people like me in the world who are born to be crapped on all the time

[45002]

so anyway here a good one ....6 months ago I bought a legal insurance with my contents policy ....i thinks oh good i might be able to get some help..so I write to the insurance company and they say yes you have a good claim...whoopee I think ... oh by the way its not valid cause they sent you a letter a month earlier before you took out the insurance, like i knew that they were going to try legal action 6 months later... thanks for nothing ...yes that's MARKS AND SPENCER'S HOME INSURANCE...im sure they are wonderful and their chairman gets paid millions of pounds for such a super job.. am I p*******d off? of course not! im James fricking Brown, cant you see that happy smile all over my face. I guess that's why there are people like me in the world who are born to be crapped on all the time

 

Hello Saturday night drive in

 

I'm confused by your latests post to see what this has to do with you Patio !

Edited May 16, 2012 by 45002

[saturday night drive in]

Big sorry just frustration, seems like everytime I try to do someting someone kicks me back down. I was hoping to be able to use my legal insurance if this went to court but insurance companys being what they are yet again I get stitched up .... I dunno

[bedlington83]

Might be worth posting something in the insurance thread?

[45002]

Big sorry just frustration, seems like every time I try to do something someone kicks me back down. I was hoping to be able to use my legal insurance if this went to court but insurance company's being what they are yet again I get stitched up .... I dunno

 

I see,thanks for keep up posted, hope your enjoying the warmer weather on the Patio

 

 

Might be worth posting something in the insurance thread?

 

It's best the OP sticks to this thread !

 

Any court case against a regulated tennet is almost doomed to fail anyway and LL would end up paying All costs

Edited May 22, 2012 by 45002

[saturday night drive in]

Ill Behave ....Promise! lol

[45002]

Ill Behave ....Promise! lol

 

You could have a cocktail party on the Patio and invite your LL and freeholder

[saturday night drive in]

well its been quite for too long, low and behold in the post today I get a letter telling me to remove my property from the patio or they will remove my property and charge me for doing so, my landlord also has tried to push the buck by saying that they are only doing what (and heres the term) is required by the MASTER LANDLORD and any thing concerning the use of the patio is noting to do with them even though they are my landlord and i pay them money and i have it in writing on my fair rent agreements from the past that i pay rent for the patio, i have advised my landlord that i will call the police if anybody comes onto my patio without my permission , i think what they are doing is getting it cleared so they can put a new pitched roof on to stop me using it, have advised the planning office to be ready for a phone call as no permission has been applied for , my landlord keeps sayong its nothing to do with them and its the master landlord who i should be dealing with but im pretty certain they are just trying to cop out of things

[Steve__M]

Might be useful to say who sent the letter. It can be confusing when there are two other parties involved.

 

Presumably the master landlord sent the letter? May be worth replying just so they are quite clear.

 

Did your solicitor suggest getting an injunction? Or was that too costly?

[saturday night drive in]

i got the letter from my landlord , not the master landlord as he just gives the landlord who i pay rent to grief, the master landlord does not even acknowledge i exist , to him im just **** of the earth who is in his way of converting flats

[45002]

As you posted on 10th April 2012 16:29 #13

 

 

I have about 10 years worth of registered rent documents which clearly state the use of what they call a patio

 

You have proof the patio is for use only,part of your home, the argument should be between the freeholder and landlord,not you...

 

Your solicitor is your best bet and I still think legal action under 1977 protections from evictions act for damages in the civil courts if you loosed the patio !

 

Or a injunction as Steve_ M suggested ....

 

Keep us posted on CAG

Edited April 5, 2013 by 45002

[mariner51]

"the master landlord does not even acknowledge i exist , to him im just **** of the earth who is in his way of converting flats"

 

That's unfair, the master LL (superior LL, poss freeholder) has no legal connection to you, only HIS T ie your LL who must abide by the Head Lease and apply them to his Ts.

You need to speak to a solic trained in Lease's and LL&T law to read all documents.

You mention registered rent documents, do you mean Fair Rents registered by Rent Officer ie do you have a Controlled Tenancy? When did you move in?

[45002]

"the master landlord does not even acknowledge i exist , to him im just **** of the earth who is in his way of converting flats"

 

That's unfair, the master LL (superior LL, poss freeholder) has no legal connection to you, only HIS T ie your LL who must abide by the Head Lease and apply them to his Ts.

You need to speak to a solic trained in Lease's and LL&T law to read all documents.

You mention registered rent documents, do you mean Fair Rents registered by Rent Officer ie do you have a Controlled Tenancy? When did you move in?

 

 

OP is a Regulated Tenant and rent is registered as a fair rent under 1977 Rent act

 

Documents are from Fair rent registered as posted hear http://www.consumeractiongroup.co.uk/forum/showthread.php?344262-possible-breach-of-tenancy-act&p=3787026&viewfull=1#post3787026

Edited April 6, 2013 by 45002

[saturday night drive in]

well its all pretty wonderful £200 to see a solicitor next week , i think im in the wrong job! I dont suppose for one minuite i could send my landlord the bill for this or is that just wishfull thinking, i can understand when they say justice is for the rich people only phew!she is a specialist in lanlord and tenancy so hope she can make a heads or tails of this