notice seeking possession section 151

[peacheylesley]

The LL has sent me a section151 notice seeking possession. He has already sent a section 21 notice is april. I thought that nothing else can be sent until the section 21 notice expires which is on 27/8/2012.

I have also found out that the LL has cancelled my deposit protection back in March which I understand

makes the other notices null and void. I am taking him to court for compensation regarding the deposit and have been told that I will probably win, the other notice says that he will apply to the court for an

eviction order after the 27.7.2012. plse help

[raydetinu]

Section 151 refers to the Housing Act 1996, which amends part of Section 8 of the the Housing Act 1988.

A section 8 notice relates to a breach of the AST terms, normally rent arears etc. and would have to sate on what grounds they are seeking repossession.

This is much stronger than an S21. if breach is true.

[peacheylesley]

I was told that the ll could not issue section 151 until the section 21 expires, also he cancelled the deposit protection on my

deposit i am now going to court re this. I was also told that as he cancelled the deposit protection it made the notices void.

[nohope]

Are you behind with your rent for more than 2 months worth?

[peacheylesley]

NO

[nohope]

So what are the grounds for seeking possession?

[peacheylesley]

I am on housing benefit which is paid direct to the ll every two weeks. I had to go into hospital and they stopped the benefits while i was in there. They then realised that they shouldnt have and have said that the arrears will be paid direct to the ll asap when they

have sorted it out. I have told the ll this but he just doesnt want anyone in there on benefits. I lost my job earlier this year which is when i had to go on benefits for the first time in my life i am 55yrs old. I have been in my house for 6 years. I wish i could get a job and be in control again but it is hard out there and he just does not care.as i said i am taking him to court re the deposit, he had also refused to do any repairs inside or out so over the years i have spent £2445.00 putting things right. He sent a section 21 i april

saying then that he wanted me out at the end of the tenancy on 28/8/2012. Then 3 weeks ago i got section 151 i thought and was told that he could not do that until the section 21 had expired.

[raydetinu]

Correct if deposit not protected then, section 21 not valid.

Also if critical repairs not carried out, LL id in breach of covenant of quiet enjuoyment under the Landlord and tenant act; and continued breah can imply harrasement underthe prevention of eviction act, which is a criminal offence.

good luck with court case.

[mariner51]

Other Notices, esp s8, can be issued during s21 period.

LL prob realised his s21 is invalid and has issued alternative Notice, which doesn't require deposit protection.

Maybe LL does not want LHA Ts, perhaps his Builings or Rent Insurance states No HB.

The people at fault for rent arrears is prob the Council HB dept, but T is still resp for paying rent when due. Shelter call rent a 'Priority Debt'. How much rent, in total, is owing and what is your rent? payable weekly, every 4 weeks or per cal month?

[nohope]

And if the arrears are paid before he takes you to court for the section 151 then he will need to find another way to get you out.

 

My son had the same problem and managed to pay of the owed rent a week before it was at court so the LL had no choice but to stop what he was doing.

[nohope]

How far behind with the rent are you?

[raydetinu]

post nos 4 & 5, less than two months!