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    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 3 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
    • The FSA has announced large fines against DB UK Bank Limited (trading as DB Mortgages) - DeutscheBank and also against Redstone for their unfair treatment of their customers.
      Please see the links below for summaries and full details from the FSA website.
      It is now completely clear that any arrears charges which exceed actual administrative costs are unfair and therefore unlawful.
      Furthemore, irresponsible lending practices are also unfair and unlawful.
      Additionally there are other unfair practices including unarranged counsellor visits - even if they have been attempted.
      You are entitled to refuse counsellor visits and not incur any charges.
      Any charges for counsellor visits must not seek to make profits. The cost of the visits must be passed on to you at cost price.
      We are hearing stories of people being charged for counsellor visits for which there is no evidence that they were even attempted.
      It is clear that some mortgage lenders are trying to cheat you out of your money.
      You should ascertain how much has been taken from you and claim it back. The chances of winning are better than 90%. It is highly likely that the lender will attempt to avoid court action and offer you back your money.
      However, you should ensure that you receive a proper rate of interest and this means that you should be seeking at least restitutionary damages - which would be much higher than the statutory 8%.
      Furthermore, you should assess whether the paying of demands for unlawful excessive charges has also out you further into arrears and if this has caused you further penalties in terms of extra interest or any other prejudice. This should be claimed as well.
      If excessive unlawful charges have resulted in your credit file being affected, then you should take this into account also when working out exactly what you want by way of remedy from the lender.
      You should consult others on these forums when considering any offer.
      You must not make any complaint through the Ombudsman. your time will be wasted, you will wait up to 2 yrs and there will be a minimal 8% award of interest and no account will be taken of any other damage you have suffered.
      You must make your complaint through the County Court for a rapid and effective remedy.

      http://www.fsa.gov.uk/pages/Library/Communication/PR/2010/120.shtml
      http://www.fsa.gov.uk/pubs/final/redstone.pdf
      http://www.fsa.gov.uk/pubs/final/db_uk.pdf
       
      http://www.fsa.gov.uk/pages/consumerinformation/firmnews/2011/db_mortgages.shtml
      Do you have a mortage arears claim to make? Then post your story on the forum here
      • 0 replies

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Hi,

 

My landlord is wanting to send estate agents round to value the property because he wants to put it on the market.

 

He has not yet served me with a Section 21 notice so I have no idea when he is expecting me to vacate but I would have thought a valuation would be more realistic once the house is empty and after he can do some redecorating, etc to get it ready for selling.

 

At the moment, we have been too stressed over searching for a new home and we have been having a mad declutter and we have half packed boxes everywhere and the housework has become less of a priority, so all in all, the house no longer looks homely and I certainly wouldn't want any estate agents taking photos to use for selling purposes.

 

Does my landlord have a right to getting a valuation, especially before he has issued a Section 21?

 

I feel so uncomfortable about it and I really don't want anyone coming round while I still live here

 

I have been looking through other tenants posts and came across this comment from one of CAGs members:-

 

"Are you aware of this >> For example, a Section 21 notice cannot be served if there is no EPC or Landlord gas safety certificate in place for the property. Any non-compliance with this requirement will render the section 21 notice ineffective."

 

Now my landlord has never done annual gas checks and the last one (for which I have a copy of the certificate) was about 2 years ago.

Does the above CAG members comment mean that when I receive the Section 21 Notice it will not be legally enforceable? If so, what should I do and how do I respond to my landlord when I get the notice?

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Does my landlord have a right to getting a valuation, especially before he has issued a Section 21?

 

 

Yes, if he wants internal inspection, he should give min 24 hr Notice.

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The new provisions will apply to all new ASTs starting on or after 1st October 2015. However, as of 1st October 2018 the provisions will apply to all ASTs in existence at that time.

 

So given the fact you have yet to receive one then yes the new provisions will apply.(If you ever receive one)

 

Andy


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Please do not start new thread relating to same T.

LL does not have to serve s21 before valuation, just give you 24 hrs Notice of impending inspection; hell he can even sell the Property without informing you, it does not alter your status as T.

If he wants vacant possession for a better sale price, he will have to serve valid s21 to expire after 2 cal months. If the T started before 1 Oct 15, this is all that is required presently. If deposit was not protected within 30 days of receipt, he must return it or get your agreement to use it for rent owing, before he can serve valid s21.

 

 

At the moment he is only considering options, maybe he won't evict/sell or you will have a new LL, with same AST terms. You are safe for at least 2 cal months, but if you want to move you still have to serve min 2 month's NTQ, to expire at end of rel rental period. NTQ is not rescindable.

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Sorry mariner51, my 2nd question arose from looking through CAG after I'd posted my first thread and I saw it as a different topic and didn't want to add it to my original thread because I didn't want any of the 2 questions to go unnoticed and not answered but that's just the way my mind works.....apologies, please consider my hand slapped!!

 

Anyway, I'm totally aware that my LL has to give me 24 hours notice to visit but my point is more about my lack of privacy by an estate agent coming round and taking photos whilst I have my possessions here and the house is in chaos.

 

With regards to the section 21, my AST became a periodic tenancy and my original tenancy agreement states I have to give one months notice if I want to move out so I'm unsure why you are saying I have to give 2 months. I am aware a section 21 gives 2 months notice.

 

The deposit scheme didn't exist all those years ago when my AST began so I've no idea where my deposit went. Are you saying that my LL has to give me that back BEFORE he issues the section 21? I thought LLs usually only give deposits back once the tenant has vacated?

 

Also, what about the lack of a current gas check?

 

Thanks

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You can decline permission for any photo's showing your property and if they are only for a valuation should not be reqd.

No EA/LA should want promotional pics of a chaotic, cluttered property.

Lack of GSC is a 'minor' breach and if prosecuted LL may only get a £200 fine.

LL must return any deposit received, before he can serve s21, otherwise deposit return negotiation is after end of T.

For a periodic T (not previously known) the T Notice period is min 1 month, to expire at end of rel rental period.

At the moment you are getting knickers in a twist for no immediate reason IMO

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Thanks.

I wouldn't call having an uncertain future "getting my knickers in a twist"!!

This is real and this is happening and this is worrying.

My landlord IS selling and wants us out. A new landlord is not taking over and we may well be homeless within the next 3 months!!

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You have not yet received s21, which can be strung out until Bailiffs arrive, at some cost to you.

Your OP was about allowing internal valuation/promotional photo's to be taken. If you move you may need good ref from current LL, so best not to be too obstructive. At the moment, you are worrying about something that may happen and remain in control of your future destination (alt accom).

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Properties are often sold as investments with sitting tenants and a good tenant can boost the final value of such a property. Try asking your LL what their intentions are before you fix a time for the estate agents visit.

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Properties are often sold as investments with sitting tenants and a good tenant can boost the final value of such a property. Try asking your LL what their intentions are before you fix a time for the estate agents visit.

 

LL is definitely selling to the open market. If another LL buys it, it will only be through pure luck. I'm afraid we have to prepare for a buyer wanting it for their own home and not to rent out.

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Whomever you LL sells to, automatically becomes your LL, and are then subject to the same terms as your current LL.... All this means is that your current LL will find it very hard to sell...

I would suggest that you keep looking for somewhere else to live... BUT.. your impending eviction as you imagine it, is not as near on the horizon as you fear... This is why....

 

It seems that you are on a periodic tenancy, and this means that your LL has to give you 2 months notice, and you only have to give one month..

 

In order for your LL to get you out, he has to serve you with a section 21 notice, this however would not be valid if as you say the deposit is not protected... (all deposits have now to be protected and the prescribed information on where the deposit is protected should have been sent to you... No matter when the deposit was taken).

What you would do is precisely nothing on receipt of the section 21, it is not an eviction notice, it is just the LL intention to take possession of the house. If you ignore the section 21, after 2 months the LL can then take you to court to get an eviction order ...... HOWEVER.... at this point you mention to the judge that the deposit was not protected, and the judge has no option but to throw out the case after demanding the LL to return the deposit....

 

Once the deposit is returned the LL can then issue a valid section 21, and the whole 2 month process starts again....

 

So at the moment you have approximately 6 months before the Ll can legally evict you.

 

So do not despair at the moment....


I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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That sounds like a cunning plan but I'm not sure it's morally right!

 

I believe if I inform the LL on receipt of the section 21 that it's not valid because my deposit wasn't protected then he will just go and protect my deposit and I will quite soon be in receipt of a new section 21, is that correct?

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Yes he could do that or he could just give it back to you, and then issue the section 21..

 

I would not be thinking about morally right at this stage.... It is legally right.....

 

It all depends on how quickly you wish the eviction process to take... If you have found somewhere to move to, then by all means help the LL to evict you... But if you haven't , then it does not make sense to help him out...


I am not a solicitor :!::!:

 

Most of my knowledge came from this site :-D:-D

 

If I have been helpful in any way at all .............. Please click my star..... :-(:-(

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I am shocked to find out today that a section 21 notice doesn't have to actually be anything more than a couple of lines on a letter issuing 2 months notice for my type of tenancy. I expected it would have to at least mention "giving notice under section 21 of the housing act 1988 that I require possession" and also to show a date that possession is required but apparently that is not so :frown:

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I have received a N5B accelerated possession claim form. I have a couple of questions:-

 

1. Can the court claim be raised on the same day the section 21 expires (the last day of the S21 notice period) or does the claim have to be raised the day after the S21 expires at the earliest?

2. Can the Section 21 start date be a date before the date the deposit was protected?

 

Also, when I send my defence to the court, do I only send my N11B defence form with any evidence I have to back it up or do I also have to include the N5B claim form that my landlord issued via the court?

 

Hoping you can help!

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My understanding is that if a Section 21 notice was served when the deposit was not properly protected, it would be invalid.

 

http://www.legislation.gov.uk/ukpga/2004/34/section/215

 

Properly protecting the deposit includes complying with the scheme rules which involve serving you with "Prescribed Information" which tells you among other things the amount of deposit and where it is held.

 

I don't know the answer to question 1.

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My guess is that s21 can be heard by Court at any time AFTER expiry date.

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Ok thank you for your answer, it was the answer I was hoping for.

 

My understanding is that if a Section 21 notice was served when the deposit was not properly protected, it would be invalid.

 

http://www.legislation.gov.uk/ukpga/2004/34/section/215

 

Properly protecting the deposit includes complying with the scheme rules which involve serving you with "Prescribed Information" which tells you among other things the amount of deposit and where it is held.

 

I don't know the answer to question 1.

 

Thank you.

 

The claim has been issued to two tenants.

Does this mean that a defence form has to be submitted for each tenant because there is only room for one tenant to sign on the form?

 

Can anyone answer please?

 

Also, do I have to send copies of landlords claim form with my defence?

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as longs as one of you signs it that is OK. One defendant can speak for both

No, the court has all that, you just send the form you signed back along with anything else you are ordered to submit.

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My landlord has issued me with a Section 8 for rent arrears for an assured shorthold tenancy.

 

Would it be worth my while to put in a defence and/or counterclaim for the problems he has caused me which are:-

 

1. Not received deposit prescribed information

2. Harassment

3. No gas safety certificate (for many consecutive years!)

4. Disrepair (various problems from mould to repairs not being completed and from electrical points and wiring being unsafe to decrepit boiler)

 

Would I defend or counterclaim these problems?

 

Or would I be better off not attending the hearing and letting the landlord be granted the possession order and then starting a small claims case (although I have no idea what the monetary value of these things are so that's why I thought it would be better for the judge to decide at the section 8 hearing)?

 

I can't get legal aid so I will be representing myself.

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What s8 ground was cited g 8,10 or 11? Only g8 (min 2 months rent owing at time of Service or at start of hearing is a Mandatory ground for Repo and easily avoided.

Also Judge may request report for any disrepair notified to LL in advance.

Just attend the hearing, to save default judgement against you and draw Judge's attention to lack of GSC etc.

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I cannot give any advice by PM - If you provide a link to your Thread then I will be happy to offer advice there.

I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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Thanks for your replies.

 

Is it best to defend/counterclaim within the given 14 days or not do that and just turn up for the hearing? I'm worried that if I don't submit it within the 14 day deadline that it won't be dealt with at the hearing.

 

This is a ground 8 reason.

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Can anyone answer this please?

 

Also, does the Section 8 notice have to have specific wording as per Form 3 which was released in December 2016? If so and my notice isn't identical then can this make the notice invalid even though it's been issued for a mandatory ground? Thank you.

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We could do with some help from you.

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If you want advice on your thread please PM me a link to your thread

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