Post mark dated addressed letter stops eviction?

[skullcap]

The new landlord of the property where I live is seeking eviction of all tenants in order to gain possession of the property.

 

The other tenants have various types of tenancies such as Assured tenancies and AST type tenancies.

 

The attempted eviction is served on us under section 21 of the 1988 Housing Act. The Assured and AST tenancies were introduced in the 1988 housing Act which came into force on January 15, 1989. Now, my tenancy began in 1988 and I don't have any official document to confirm my tenancy status.

 

However I do have several post mark dated letters addressed to me in various times of 1988 and in further years up to the present time.

 

On it's own would these post mark dated letters addressed to me be firm evidence of being resident at the property since 1988 and thereby not being subject to the section 21 notice for possession of the property?

[ploddertom]

I'll move to the Commercial & Residential Lettings Forum where there may be someone who can help you.

[raydetinu]

it really depends on the date of the last contract you have, not when you stared residence.

[45002]

The new landlord of the property where I live is seeking eviction of all tenants in order to gain possession of the property.

 

The other tenants have various types of tenancies such as Assured tenancies and AST type tenancies.

 

The attempted eviction is served on us under section 21 of the 1988 Housing Act. The Assured and AST tenancies were introduced in the 1988 housing Act which came into force on January 15, 1989.

 

Now, my tenancy began in 1988 and I don't have any official document to confirm my tenancy status.

 

However I do have several post mark dated letters addressed to me in various times of 1988 and in further years up to the present time.

 

On it's own would these post mark dated letters addressed to me be firm evidence of being resident at the property since 1988 and thereby not being subject to the section 21 notice for possession of the property?

 

Hello Skullcap and welcome to CAG Forums.

 

If you moved in before 15th January 1989, you have a Regulated Tenancy which comes under the 1977 Rent act, as amended http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/regulated_tenancies

 

and LL cannot evict you, a s21 would be Invalid ...

 

To advise you further, can you answer theses questions.

 

Have you proof you been paying Rent before before 15/01/1989 like bank statements, rent books or something else

 

Does you rent show up here https://ebusiness.voa.gov.uk/err/ Enter your full post code and then just click "Find" dont post any personal details.

 

Thank you

[skullcap]

Thank you 45002,

I have no proof whatsoever that I have been paying rent before 15/01/1989.

Old rent books and any other documentation that could show that I were

paying rent at this or any other address before 15/01/1989 are not available.

The property has never been registered for a fair rent, so it doesn't show on the rent register search.

All I have is post mark dated documents with my name and address which spans from 1988 to the present at the same address. The electoral register does confirm my address at the times I did register on the electoral roll but it doesn't confirm my address from any where near 1988.

The property has had several changes in LL over the years and there has never been any written tenancy agreement. My tenancy has simply rolled on week by week without any formal documented contract.

[45002]

[ATTACH=CONFIG]56118[/ATTACH]

Thank you 45002,

I have no proof whatsoever that I have been paying rent before 15/01/1989.

Old rent books and any other documentation that could show that I were

paying rent at this or any other address before 15/01/1989 are not available.

 

The property has never been registered for a fair rent, so it doesn't show on the rent register search.

 

All I have is post mark dated documents with my name and address which spans from 1988 to the present at the same address. The electoral register does confirm my address at the times I did register on the electoral roll but it doesn't confirm my address from any where near 1988.

 

The property has had several changes in LL over the years and there has never been any written tenancy agreement. My tenancy has simply rolled on week by week without any formal documented contract.

 

As a matter of Urgency then.

 

I would apply Now for a Fair rent

 

Download and fill in form RR1 http://webarchive.nationalarchives.gov.uk/20141002130923/http://www.voa.gov.uk/corporate/_downloads/pdf/RR1-applicationforregistrationoffairrent.pdf

 

If you need any help ask me on this forum

 

Then post it 1st class to https://www.gov.uk/renting-out-a-property/changing-regulated-tenancy

 

VOA Network Support Office

Wycliffe House

Green Lane

Durham

DH1 3UW

 

Once the application has been received, The Rent officer will make any appointment with you to come around the property, put a contact number for yourself on the form RR1.

 

Rent officer may ask you for details of your Old Landlord

 

You can then tell and show what proof you have to the rent officer, they then go away and make a decision.

 

Just to point out a copy of the application will be sent to your new LL, but don't worry they cant stop the application .

 

Hope fully, If the rent officer rules in your favor and register a rent, this can be used in court as proof you moved in before 15/01/1989 you may also find you rent will go up, go down or stay the same .

 

You should also contact CAB or Shelter on Monday and get help from them

 

Enter your full post code in one of the below links to find what's nearest to you

 

http://www.citizensadvice.org.uk/

 

http://england.shelter.org.uk/get_ad...ices_directory

 

Come back to this post if you want more help

[skullcap]

I have downloaded the RR1 form "Application for Registration of Fair Rent" and will attend

to filing an application in due course.

While searching through old documents I have come accross a photocopy of a letter which my old LL

gave me to take to the Department of Social Security (DSS) as I was unemployed in 1996 and my rent

was being paid for by the DSS.

The letter is written on headed paper and signed by the LL.

There is no explicit date on the letter pertaining to when the letter was written.

In the letter my LL states that I have been

"... in residence with us for 10 years now at rent per week at ... As from 1st January 1997

his rent has been increased to ... to allow for higher inflation costs etc."

Is this document and it's contents a game changer?

[45002]

I have downloaded the RR1 form "Application for Registration of Fair Rent" and will attend

to filing an application in due course.

 

While searching through old documents I have come accross a photocopy of a letter which my old LL

gave me to take to the Department of Social Security (DSS) as I was unemployed in 1996 and my rent

was being paid for by the DSS.

 

The letter is written on headed paper and signed by the LL.

 

There is no explicit date on the letter pertaining to when the letter was written.

 

In the letter my LL states that I have been

"... in residence with us for 10 years now at rent per week at ... As from 1st January 1997

his rent has been increased to ... to allow for higher inflation costs etc."

Is this document and it's contents a game changer?

 

Could be, but without seeing all the evidence I can't really say !

 

That's why

 

You need to fill in RR1 now and post it today to the address in the url, Don't delay.

 

All this evidence you have, you should show the rent officer once they made a appointment to come and see you at your home.

 

You need to show All this evidence to your local CAB or Shelter office and get advice from them asap, contact them 1st thing on Monday...