me and my landlords

[raydetinu]

once a S8 is served, the LL can then apply for a possession order after 14 days, could take 2 months to get to court and if granted it will take effect in 14 days, however if defended this can be extended to up to six weeks depeding on judge and your circumstances.

The process can take longer if you in fact pay some of the rent off during the time it takes to go to court.

It can be costly for a LL to go to court and lengthy, so some resort to harrasement, as it seems they might here.

[confusedbunny]

once a S8 is served, the LL can then apply for a possession order after 14 days, could take 2 months to get to court and if granted it will take effect in 14 days, however if defended this can be extended to up to six weeks depeding on judge and your circumstances.

The process can take longer if you in fact pay some of the rent off during the time it takes to go to court.

It can be costly for a LL to go to court and lengthy, so some resort to harrasement, as it seems they might here.

 

Thanks for the info. i am assuming the LL cannot issue

 

1. S8,G8 (until my next rent due date in a months time)...mandatory (and if i keep the rent owed under 2 months, this could possibly be descretionary if i arrange a payment plan via the court to pay the outstanding rent)

 

2. S8,G10 (anytime from now).....descretionary

 

I am so stressed, as this is right on top of xmas time when finding alternative accomodation is difficult...

 

I guess the LL will have to wait till i leave, have the property as vacant possession and then commence viewings etc to sell it. He is not going to be happy because he will have a huge rent void period.....

[raydetinu]

dont forget you will be liable for the rent up till you leave and his court costs, and if he has legal representaion, this could be quite a lot!

[confusedbunny]

dont forget you will be liable for the rent up till you leave and his court costs, and if he has legal representaion, this could be quite a lot!

 

Thanks for the reply. Can the LL instruct bailiffs (and take my goods) for the outstanding debt without agreeing repayment instalments via the court?

[confusedbunny]

UPDATE: The LL has written to me (not by post yet!) stating he wants the property back on the fixed term date (in 7 weeks),quoting the "housing act 1988 of the AST,section 18"......it is not an official s8 or s21 form, does this count? or will he have is issue a S8 or S21 once he realises this error in order to proceed to court after this date? also he is stating that i will be charged multiple fee's for late payment, i.e. "interest fee,late payment fee plus a daily interest % above the current base rate of the bank of england" ....

[raydetinu]

No not valid unless issued in correct form. Also cannot chsrge interest for late payment unless that is in the contract.

[confusedbunny]

Just what i thought as per guidance of procedures and advice on this thread. No mention of fee's, just the 5% daily interest rate.

[confusedbunny]

UPDATE!! PLEASE HELP!!.....The LL has informed me that an estate agent will enter my property (for selling purposes) with a set of keys as from TOMORROW, with 24 hours notice, whether i agree or not!! Is this trepassing? how can i prevent this? My TA states, allow estate agent access with 24 hours notice in the last 28 days of tenancy (i have 7 weeks left!!).....is this bullying? I feel the LL is now stressing me out with all this, can I:

 

1.change the lock (and do i need to inform the LL i have done this or just wait for him to try and access and find out!)?

2.should i state very clearly that i refuse access (i am very sick at the moment and need peace while im here!)?

3.Do i have legal rights to refuse access (without breaching my TA)?

4.Am i legally bound to allow the agent access even in the last 28 days?

5.when the LL serves the CORRECT notice, can he use a ground that i am in breach of the TA for refusing entry? (or does rights to quite enjoyment overide this?)

6.Can the LL get a court order to get access while i'm living here? (i understand if its an emergency then that toally different)

7.If the estate agent comes in without my permission with the key, what are my rights?

8.Should i start keeping a diary of events/issues as i can see this becoming an harrassement issue?, as its only been 10 days and things are being demanded/forced very abruptly by the LL.

 

This LL is treating me in a bully way now and im only 10 days behind with the rent.....i.e. demanding that estate agent is entering regardless of whether i agree or not, adding "fee's on per month of approx £160 (no mention in contract!) plus 5% interest......

 

I feel i now need to send a very precise and stern email while i am still in the property that i do not want to be harrassed (i wont use such a strong word at this stage but i can see it going that way and we are only 10 days in.....) and make it clear that i want to live peacefully till such time that i have to leave (obviously, i will acknowledge any official issues, i.e. court documents etc) but i want to be left alone as i am so stressed out...

 

I didnt even want to renew my contract last time and just wanted a "rolling contract" but the LL refused (or he would evict me if i didnt sign) as i guess he wanted "security" while he intended to sell it (as he informed me of this after 3-4 weeks of signing the re-newed contract!!)....been cunning i would say, but its his right.....perhaps he thought, get the six month financial security, i would allow viewings, proceed with selling with no rent void period and i would move out just before he completed the sale...im afraid circumstance has not allowed this to happen and now i have hit a financial hurdle and upset his process, he is coming down on me like a ton of bricks (hoping i dont know my rights.....) sorry, just thought i would add this paragrapgh to give a clearer picture....

 

I am so stressed,feel uneasy/pressured after just 10 days and feel violated....

Edited October 30, 2012 by confusedbunny

[raydetinu]

you are perfectly within your rights to change the locks and refuse entry, unless it is for emergency repairs.

If they call, refuse entry and if they persist or try to force entry, call the police.

everything else is a civil matter, unless the persist in causing you a nuisance and breaching your 'queit enjoyment' covenant, then it can become criminal due to harrasement, under the LL and tenant act and the prevention of eviction act.

[confusedbunny]

Ok, thanks. I will send an update if i need further advice, thanks again

[confusedbunny]

UPDATE: The LL informs me that his agent is entering the property in a few days regardless of me making it clear that i refuse at present due to being very ill.

 

Shall i reply back and say he will be refused entry (Im repeating myself to the LL like a parrot!)? or shall i wait for him to arrive and just refuse entry and if need be call the police?

 

I feel this is very quickly going to turn into an harrassment case, as per the previous tenants incidents (the LL forced entry with other third partie friends/relatives).....

 

He has said that i am the cause of him now being in huge financial difficulty and is gaining access,regardless!! He is not waiting for me to leave and then proceed with selling as i suggested....(i am not sure then, why he doesnt use part of my deposit he is holding (states in the TA that deposit will be used against rent arrears etc), its protected....i am not even 2 weeks in arrears and he is applying this pressure, i suspect he doesnt even have my deposit set aside ( as i suspected in the early stages of this thread)

 

How many times do i have to make it clear to him that i refuse entry and the LL is adament he is, before i can pursue an harrassment issue for intimidation..i am getting very stressed...shalll i just ignore all communications now? (i just do not want to appear to a judge that i am being ignorant, i am just so stressed with the to and throwing of emails although i have made my position very clear).

Edited November 2, 2012 by confusedbunny

[raydetinu]

Suggest you do not respond any further, as falling on deaf ears! less stress as well.

I am sure the agent knows the law, but of course may ignore it.

Just wait till somebody cmes around ( they may not of course ).

If you have changed the locks, good idea, and they do come, just do answer the door.

If they persist, call the police, as a potential breach of the peace and harrassement.

[confusedbunny]

I came across this:

 

http://www.mydeposits.co.uk/sites/default/files/Information%20for%20Tenants%20Leaflet.pdf

 

"Your Landlord will be unable to obtain a Court Order to regain possession of the property (under Section 21 of the Housing Act 1988) unless and until the deposit is protected and/or any penalty has been paid (as above)."

 

And then it goes on to state:

"If you are staying in the same property but your Landlord/Agent issues a new AST agreement to you then your Landlord must protect the deposit again and give you a new DPC as proof of protection."

The LL gave me a renewed 6 month AST after 7 months (was an initial 6 month contract, one month gap), but did not re-protect the deposit as suggested above and send me a new certificate, does that mean any notice served, s8 or s21 is void until its re-protected? And the notice served before applying to court has to be official? i.e. the one served is just a letter quoting the housing act, not a s8 or s21, will the judge just accept the notice given or return the application back to the landlord?

[raydetinu]

correct any s21 notice has to be in the correct form to be valid and the deposit must be protected on the current AST ( did you sign and accept it?) for a S21 to be valid.

Does not apply to S8, unpaid rent, so you should keep paying the rent or you could play into his hands.

[confusedbunny]

correct any s21 notice has to be in the correct form to be valid and the deposit must be protected on the current AST ( did you sign and accept it?) for a S21 to be valid.

Does not apply to S8, unpaid rent, so you should keep paying the rent or you could play into his hands.

 

Just what i thought, i signed the original DPS certificate, but no new one on re-newed TA. From what i can afford to pay back, i will be below the 2 months mandatory ground for rent arrears and will be (discretionary ground at time of hearing), so im assuming this deposit re-protection is irrelevnt in my case then

 

The LL is really applying the pressure now........

[raydetinu]

If you signed the new AST and he did not notify of the new protection arrangements you can counterclaim to that affect.

Or are you still on the original AST, which has become a PST.

[confusedbunny]

If you signed the new AST and he did not notify of the new protection arrangements you can counterclaim to that affect.

Or are you still on the original AST, which has become a PST.

 

Thanks for your reply. It was a new 2nd contract. no re-protection certificate given. do when the LL serves me the correct notice, do i state this non-protection, to void it, if s21? do i state in my defence the same to if s8 served? or is a counterclaim a whole different case to deal with?

[mariner51]

Did the new AST contract contain a new fixed term, commencing on the date it was signed?

[confusedbunny]

The new AST contract states new fixed term, i had a friend take a look at the contract and he says its not even a legal contract (perhaps a copy and pasted doc from the internet).....

 

-no witness signature, although space for it next to both our signatures

 

-No dates next to signature of when we mutually signed.

 

-LL has not stated his address anywhere within the contract (although its mentioned within contract that he had)

 

-I have checked all 3 schemes and no-one has record of re-protecting, including original scheme

 

-Contract quotes inventory included, LL never produced one

 

-There is a one month void period between both contract dates, i.e. re-newed one signed one month after the 1st one expired (sure thats irrelevent as it just must have meant a periodic tenancy but thought i would give all details)

 

-LL has said i have to pay approx £220 in "late payment fee's" plus 5% interest per day from the date due. AST does not state any of this, all it states is, 5% interest per date from when due until date re-paid.

 

-I had reported endless repair issues within the flat but the LL ignored them and said they were not his priority and the place was still habitable, now i have refused access for an estate agent etc, he now says he wants access to do these "emergency" repairs!! They were not an emergency for the last 7 months, so am i obligated to allow access for this reason? (contract states i must, for "emergency repairs" and think he is using this as an excuse now...

 

-Contract stated to allow agent/LL access for selling purposes last 28 days of tenancy (although i still have approx 3 more weeks before such time but he is being very forceful and a bully!), LL has stated that agent is coming in regardless with the key,against my wishes, in a few days!

 

-A clause states "The LL will not interupt or interfere with the tenant's right to quite enjoyment and possession of the property (provided the tenant pays the rent and performs all the other obligations set out in the agreement)...does this mean, as i am just 2.5 weeks late with the rent, my rights are disregarded/void?

 

The AST is in the LL name but the original mydeposits certificate is in a LTD company name, which dissolved 7 months prior to me signing TA and paying the deposit!! Is this fraud? Am i in a position to withold rent to offset my deposit paid? and use this in my defence?

 

My gut told me this LL is rogue, and prays on naive tenants, i feel sick to think that he took my money under deception, if i kept the rent up and it came to claiming my deposit back he would have not give it back.....the certificate is a legal document so i assume the LL will have decieved mydeposits too? is this a criminal matter?

Edited November 7, 2012 by confusedbunny

[raydetinu]

NEVER WITHOLD RENT!

you can counter claim for non repairs against any deposit situation.

You can also use non-notification and non protection of deposit against LL.

New contract will be valid if you both signed it.

[confusedbunny]

NEVER WITHOLD RENT!

you can counter claim for non repairs against any deposit situation.

You can also use non-notification and non protection of deposit against LL.

New contract will be valid if you both signed it.

 

Thanks for relying, how do i go about claiming for 3 x deposit for non-protection please? or shall i wait till i leave to do this?

 

Is the original protect not fraud with the dissolved company?

 

I intend to pay off the arrears owed but it seems that it may work out like this, please advise:

 

Say my rent is due on the 15th of every month and is £500 pcm.....

 

Rent due 15th Nov 2012-I pay £50

 

(leaving £950 outstanding, includes 15th Oct 2012 rent arrears of £500)

am i protected against being served a S8,G8? and only G 10 & 11 can be served?

 

Rent due 15th Dec 2012-I pay £200

 

(leaving £1250 outstanding,includes Oct & Nov rent arrears of £950), as this will now be over 2 full months, S8,G8 can be served at this stage?

 

I am 95% sure the LL will refuse these payments towards the arrears (so that he can issue a S8,G8 asap!) but can i just pay them into his bank anyway even though he is objecting?

 

As I only have approx 6 weeks left of AST fixed term, does this mean that its too late for the LL to issue me with a S21 and if so, would be void as submitted too late and deposit not protected?

 

Sorry, the sums above may have made some of you cross-eyed and I may have over complicated my version of sums but i am so stressed and need to understand.....Thank you in advance for helping me....

Edited November 7, 2012 by confusedbunny

[raydetinu]

I Doubt you will be able to got to court over the non- protection, as it will be expensive, county court, lawyers etc £1k plus and you would have to pay defendents costs if you lose; so risky!

You can claim for deposit back in Small claims track, minimal cost and if you win get costs back. ( if not protected then straight forward ) and should be returned to be returned immediately, subject to court.

However it is a bargaining chip with your LL in dealings with him.

It will count against him if he does not accept monies towards rent, make sure you keep copies/records of your offers and any payments you make.

[confusedbunny]

Thats quite unfair, that a deposit can be deposited with false info and there is no recourse as such....

 

If the LL can only serve me a S8, G10 (as the rent arrears will be less than 2 months) but at the date of a hearing, I am 2 months over in arrears:

 

1.Will a judge just deal with a S8,G8 on this date (if LL demands this,due to change since application sent in)?

2......Or will it be only based upon the application sent in of S8,G10?

3.Once the LL has submitted an application for S8,G10 and then before the court hearing issues me with a S8,G8, is this allowed?

[mariner51]

A sensible LL would have issued s8 for grounds 8,10 & 11 as soon as 2 months rent owed. I suspect a Judge may reject a LLs claim to include stat g8 on day of hearing, but could consider Ts failure to ensure rent is kept below 2 months strengthens the case for discretionary g10 or 11 (some rent owed at time of hearing)

Your best bet, ensure less than 2 months rent is overdue on hearing date.

LL could re-issue valid s8 g8,10 &11,15days before hearing.

In the end, allowing changes to s8 are prob at Judges discretion.

[confusedbunny]

Thanks for that clarification. My heads a whirlwind with all this...I have changed the locks for my own safely.....

 

I suspect the LL does not want to go down the legal route, via the courts (as he previously illegally evicted the last tenants via forced entry and intimidation!), as this process is too long for him and costly. I think he is taking a gamble that by giving me his "official notice" and thinking i am naive to my tenant rights, I will leave and all will be done & dusted...

 

My gut instinct was right to think this LL was a rogue, I would have never got my deposit back,as it was registered under a LTD company that was dissolved 7 months previous, how cunning!! I would have had no-one to claim against......

 

I think its best for me to first suggest deposit is deducted off arrears (doubtful he will allow this!),then if that fails offer instalements towards outstanding arrears,if refused, just pay anyway, what i can afford (which will be below 2 months arrears.. After Dec 2012 though I will have wait for the ticking time bomb for the S8,G8 to hit the door mat

 

Should I bring it to the LL attention regarding the original deposit protected under false information and as a AST was re-newed, the new deposit is not currently protected, when i suggest he agree's to deduct this from the arrears?