possession notice from landlord

[budgie321]

hi all,

i have been renting this property for over 5 years and the rental agreement lapsed so i think i was on what is termed periodic tenancy, a few days ago i got a possession notice giving me 7 weeks to vacate the property

1) is landlord supposed to give me min 8 weeks notice?

2)if i wait for ll to take me to court--as i do not want to make myself intentionally homeless(no deposit for another property) how much will the court cost be??

3)there does not appear to be deposit scheme in haringey where i live-is shelter the best

place to go?

many thanks in advance for your help

ps even with a deposit-chances of friendly landlord is slim due to prior bankruptcy now on credit file

even though i have never been late for a rent payment!

Edited May 25, 2013 by budgie321
more background info

[mariner51]

What type of Notice, simple letter or s21?

 

LLhas to serve a s21(4)a for SPT, giving at least 2 clear T periods, before he can apply for Court repo order.

s21 does not end T on expiry. If you decide to move out by expiry date, you are still required to serve your own written NTQ or at least inform LL in writing that you will vacate by expiry date.

[budgie321]

What type of Notice, simple letter or s21?

 

LLhas to serve a s21(4)a for SPT, giving at least 2 clear T periods, before he can apply for Court repo order.

s21 does not end T on expiry. If you decide to move out by expiry date, you are still required to serve your own written NTQ or at least inform LL in writing that you will vacate by expiry date.

hi marina

it is an s21--it says at the bottom i should get 2 months but the date it was signed and by the time of delivery was both less than 2 months,

the date it was signed is 20 may 2013-date i received was 22 may 2013 --date of notice to leave is 15 july 2013

am just wondering how much this will cost me if i have to pay court costs for not leaving on time....

Edited May 26, 2013 by budgie321
more info

[mariner51]

It would appear LL has served a defective s21, so you not liable for Court fee's.

Just to check,

what date did T commence? f

or what length of fixec term?

is an actual date for FT expiry specified?

what frequency is the rent due pcm?

how is s21 expiry date ecpressed on form? on/before '' or 'after '

 

If you don't tell LL his s21 prob defective, he will only find out at hearing and will have to issue a new one. This could provide you with another 4 months before repo.

Was a deposit taken and protected within 30 days, with reqd prescribed info provided?

[budgie321]

hi marina

the last tenancy agreement expired ages ago and he promised me a new one but did not give it to me and now i receive

this notice to leave--with dates as above--yes rent is monthly- and last date expressed on s21 would have been the last

day of the month b4 another payment was/is due(expiry 15 july)

yes deposit taken and protected

Edited May 26, 2013 by budgie321

[mariner51]

The dates requested should have been specified in last AST, nort s21, and are critical to determine SPT (which you now have) Tenancy period dates.

So please confirm:

AST commenced on 15th of month for 6 month certain (FT). No end date specified in AST?

AST also stated rent payable per cal month in advance, first payment due at start of T (15th)

 

S21 expiry date is shown as 15 July, not 'after 15 July' and no saving clause added?

 

The earliest LL could seek repo with that s21 would have been 'sfter 15 Aug' but it appears defective and he will have to start again. If he is alerted, he could re-issue by First Class mail, and it is deemed served (received) 2 working days later ie on/before 15th June. It should also express the new expiry date as 'after 15th Aug'.

 

Time to start houe humting again, methinks

 

It is mariner BTW

[Annie71]

Might be time to get on the housing list.Do you pay the rent or is it HB..

Another question,, are thedetails of the S21 the same as on your tenancy agreement. It does all sound flawed to me.

[budgie321]

thanks mariner annie

think the housing list is a waste of time and hope, think i'd have better luck squatting-no list for that!

will need to try and raise a deposit somehow....am not classed as priority which in the eyes

of the council means f off--they won't/don't even give basic advice these days have had to find it all

off the internet

[stu007]

Hi this Government link on Private Renting - Evictions may be of use: https://www.gov.uk/private-renting-evictions

[budgie321]

http://england.shelter.org.uk/get_advice/downloads_and_tools/eviction_checker

this is the tool i just found to check whether LL is using the correct procedure

it confirms the above advicei am finding that the shelter website gives the best information re housing/homelessness

as housing staff at their customer services center seem to know nothing/unwilling to help

Edited May 27, 2013 by budgie321

[Annie71]

Budgie, you may well be right about the housing list but isn't it worth getting on it anyway. Depending on your circumstances you may get one quicker than you think.

[budgie321]

Budgie, you may well be right about the housing list but isn't it worth getting on it anyway. Depending on your circumstances you may get one quicker than you think.

have been to the council as well as cab who have informed me that because i am single-no dependants, no disabilities i am on my own--in both cases they could not wait to get me out of the door-not offering any advice for me whatsoever-it did not matter that i have no deposit for a new flat

[Annie71]

Can I be so rude as to ask your age?