landlord issues rent arrears

[messycess]

hi guys i have posted threads on here before and have been given some good advice so thought id try for some opinions on this issue. ill try and put as much info as i can so sorry if i go on a bit.

 

I have recently been on part time hours at work due to depression from the tragic death of our 4 year old son. Landlord knows about this as it was all over the news and he laid flowers at our door.

 

We have been living here for 18 months and to be fair to landlord in the first 6 months we weren't always on time with the rent and he would turn up unannounced on many occasions asking why it was late.

 

So since last november we have been on time every month until this november when we were 3 days late. He turned up and quietly put our notice through the door. We need to be out by 9th feb.

Our rent was due on 10th but we are 225 in arrears at the moment until housing benefit clears. Today out of the blue a gas man turns up to check the boiler. I txt landlord saying arent we supposed to have 24hrs notice if anyone is going to turn up? His reply was. "Arent you supposed to pay the rent on time tell him to come back later if its not convenient". As i said earlier he has turned up out of the blue on many occasions once being very rude and aggressive to me infront of my kids! All because i went to his house as i couldnt get in touch with him on his phone when the boiler broke down. He

was in america and didnt take his phone with him so his daughter had to sort a plumber out for us. As soon as he got back from his holiday he was banging the door (without notice obviously). "how dare you involve my family if there is any issues you deal with me and only me leave my family out of it."

 

So today is the final straw for me and as you can imagine i have had enough of this rude heartless landlord and im at the point of saying stuff you and not giving him anymore rent and tell him to keep the deposit.

 

Any thoughts, advice or ideas? Thanks in advanc

[LaughingGirl]

Firstly, I'm very sorry about your son.

 

Have you spoken to your local council yet? As you have children, you are likely to be placed on the highest band, at least for the duration of your notice period.

 

I would usually advise you to try to salvage your existing tenancy, but it sounds like your relationship with your landlord has broken down completely. I don't recommend withholding your rent, or telling him to keep the deposit.

[messycess]

thanks laughing girl

 

yes ive had enough of him and vice versa i think. Yes we have spoken to the council and are in band A (the highest for this area) and regards the deposit this is the same landlord that expected me to re lay the entire bathroom due to 1 cracked tile! The tile is still not replaced and im expecting him to be rather unfair when it comes to returning it.

[LaughingGirl]

OK, well that's good.

 

I'm not sure what else I can advise you to do. I would strongly suggest that you continue to pay your rent to the best of your ability, though. At the end of the day, if your LL feels that he needs to deduct from the deposit for repairs etc. and there isn't enough in the 'pot' to cover your arrears and the repairs, he could pursue you through the courts for the balance. It's just not worth the stress, really.

[messycess]

sorry edited my post as you replied!

[LaughingGirl]

That's OK.

 

In that case, I'd be even more reluctant suggest he use the deposit for the last month's rental, I'm afraid.

[messycess]

whys that? Can he really expect me to pay for a full bathroom floor for 1 tile?

[raydetinu]

well presumw you had an AST which has now gone periodic.

YOU must pay the rent, preferably on time, as you will leave yourself open to him getting a court order for a section 8 default ( more than 2 months in arrears ) and get an eviction in 14 days.

at the moment he cant apply for a repossesion order, unless he has sent the requesite section 21 notice for repossession with two months notice from a rent period date ( normall the day you signed the contract ) so if it was the 10th, then it would be 9th feb if you got the S21 before the 9th Dec 2012.

Only valid if on correct form with your rights attached and your deposit is protected.

even then you do have to leave, he will have to get a court order to do that, which can take a month or so, then you can go to court and ask for more time.

so dont panic yet.

but start looking for somewhere else.

[LaughingGirl]

Would you be able to replace the single floor tile yourself?

 

He can't claim for anything that could be considered reasonable wear and tear, and in my view insisting that you replace an entire floor due to one cracked tile is unreasonable. Is your deposit in one of the deposit protection schemes?

[messycess]

yes the deposit is in dps the tiles are so old to find a replacement would be almost impossible. The sealant between all the tiles is wearing all over the floor too. Can i who decides any disputes over deposit? Is it just my word against his?

[LaughingGirl]

OK, well definitely unreasonable to want you to replace the whole floor if the tiles are very old.

 

In the event of a dispute, the DPS would return any undisputed amount to you immediately, then you'd go through their mediation for the remainder. You could, if you wanted to, immediately pursue him through the small claims court for any returned amount that you feel is unreasonable.

 

Did you get a full inventory when you moved in?

[messycess]

yes we have an inventory but its a bit sketchy there are no photos. It just says things like carpet good condition, door good condition etc.

[LaughingGirl]

Well, that should be good enough...do you agree with it in terms of how it describes the house? For example, does it say that the tiles in the bathroom are old?

[messycess]

just checked inventory and it says blue tile flooring - good condition

[raydetinu]

Also depends how long its been there, and what sort of substrate its on? If on a timber floor then liable to crack at any time due to floor flexing!

[messycess]

hi raydetinu sorry i missed your post earlier.

 

You say the s21 is only valid on correct forms with my rights attached? The letter he posted was just a print from a computer with no rights at all. It just says consider this your s21!

[LaughingGirl]

It's not valid then. Sorry, I should have asked that first, before I even got into the deposit issue.

[messycess]

so i can just ignore this letter get upto date with my rent and he will have to give me a new valid s21? Which will be another 2 months? How long does an s21 last because he did give us one last november but he said it was cancelled because we started paying the rent in full on time for 12 months until this november.

[LaughingGirl]

An s21 is valid until it expires, usually 8 weeks.

 

At present based on what you've said, he couldn't apply for a repossession order. What exactly did the letter he gave you say?

[messycess]

right ok this is word for word.

 

(Dated 12th november 2012)

 

although i am fully aware of your recent problems and sympathise deeply, i find that once again the rent has not been paid in full and without a word of explanation. This is causing me financial penalties that are not acceptable. I have given you numerous chances in the past but you have let me down once again so consider this a section 21 notice to vacate the premises by 09 02 13. Failure to complete all payments will result in legal action

 

signature

[raydetinu]

The Housing Act 1996:

 

The Housing Act 1996 amended the section 21 of the 1988 Act by requiring the notice given to be in writing. There is still no prescribed form. The notice will be valid providing it contains the information required by the relevant section and sub-sections.

 

Also LL must be able to prove you received it, proof of posting or a witness to it being served or you acknowledging it.

 

As far as I am aware a section 21 notice has no expiry date and is only cancelled or revoked by granting a new tenancy agreement. so the previous one may still be valid, but dont tell him.

anyway as said the whole process can take some time even after the expiry date.

[messycess]

so what should i do? Obviously get up to date with the rent continue to look for somewhere new. But jets say by the 8th feb we still have not found a new place. Then what?

[messycess]

sorry if im being thick but. What is the information required by the relevant section and sub-sections? And you mentioned earlier about a copy of my rights?

[raydetinu]

Stay there, until you have found somewhere.

S21 is just a notice not an eviction; at the end of the notice he then has leave to apply to the court for such an order, which can take 6-8 weeks. then if he does proceed you can challenge the validity of the notice and also ask for time if that does not work; usually court will give a few more weeks; then baliffs may get involved.

All costs him money of course, but he can ask for costs.

[raydetinu]

as for the information required etc refer to the housing act.