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    • Hi Sneezer and thanks for your Site Donation which is much needed and much appreciated.   The info from the "Solicitor" makes sense if you were complaining about how CRS came to have your contact details. However, this is not relevant to your case. You didn't cancel properly and carried on paying for a gym you didn't use.   For the future, see the Guide here about how to cancel a contract properly and avoid trouble - https://www.consumeractiongroup.co.uk/topic/383678-cancelling-your-gym-agreement-get-it-right/     Come back anytime to update us but don't worry about CRS or anyone else who makes demands. Let us know if you need more for advice and reassurance.    
    • They were communicating with lawyers associated to me too   They can’t serve a SD on your lawyers, only you.   As I said earlier - the lawyer stopped communicating  around the date on the SD they incorrectly served.  And the bank told me the receiver was now handling things and not to deal with them anymore.   The receiver never asked me where I was.  But he did email and I did reply or he did get auto reply.   Since I did have email communication with them - I don't think they could say they did everything possible to find me,  All they had to do was ask!  And then we could have discussed the situation.    It almost is the reverse - they did nothing to try find me.  And if a PI is employed to do surveillance then he must have realised only one person - the wrong one - lived at the  wrong address.   Does anyone have any info re post #26 and #28 above?   The property is being marketed for sale and the receiver is negotiating offers, so there was no reason for me to expect bank/ lawyers to be trying to locate me to serve any papers.      Surely any loss to them has to be proven upon an agreed sale.  It hasn't sold yet,   They may still get a high enough offer to prevent any large debt?  There could then be a different discussion re terms of repayment?   So I was not expecting anyone to be trying to find me!   But this is a bit of a digression from what  should I be doing NOW? Should I send them an SAR?  If they do intend to serve me correctly this would be useful, yes?   I am sure they have added all sorts of unnecessary costs to the debt that could be challenged?   Also there is a question over if they even had a valid notice of assignment?  They would have to produce that in the SAR wouldn't they?   This was a real query for me ages ago but it never got pursued legally.
    • Expect them to bring up every communication and claim that you’ve been dodging them / not providing them with an address to serve to.......
    • They have email and phone - and they could have asked/ emailed me?  The research I have done shows creditor's can use email to serve.   They never asked me where I moved to. The knew they made me homeless but they were regularly communicating other things by email - so they could have asked. They didnt.  No idea how they found the elderly relative. tbh - I don't have a fixed abode.  
    • Do they have an address for you?   if not, how are you expecting them to bring it to your attention? And / or serve it in person??
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I'm currently living in a flat that I have occupied on the same level of rent for 14 years.

 

The building my flat is in has been recently sold, with that information and a new Gas safety certificate being passed to me by the Letting Agent.

The Letting agency confirmed by email that the building had new owners and that the new owners would like to offer me a new tenancy at a higher rent rate, some £75 dearer. Which is unaffordable and massively greater than the current rate of rent of 2 bedroom flats and houses in my area.

 

There are currently 4 repairs that require doing to the building and flat, namely the front door is insecure, the fire alarm system has no power, one of the radiators leaks in my box room amd the boiler has a persistent and intermittent leak that hasn't been traced yet after 3 attempts.

 

My previous landlords were aware of all these repairs, which I had reminded them of before leaving to work away from home in July.

I have no evidence that the new landlord is aware of these and I have grounds to suspect the Landlords have been less than honest with the Letting Agency.

 

Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as ground to evict.

 

My feeling is that I am being evicted in response because I have made clear that I find the unofficially suggested new rent excessive.

 

Thoughts ?

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Hi, Not really my area but I have seen on twitter where councils have taken landlords to court over the safety of the buildings and I think there is one where an unlawful eviction was challenged. I will have a look and see if I can find some cases.


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You've had no rent increases In 14 years!! Your lucky.

Unfortunately if your in arrears they can give you a section 5, even if your not they can give you a section 21 notice to quit.

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This site has a few cases listed

 

 

 

http://tinyurl.com/yd5lgaoz


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Why do you think this is a retaliatory eviction? New LL has not served Notice but may offer you a new AST at increased rent, which you can decline. He can increase rent anyway via s13.

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Why do you think this is a retaliatory eviction? New LL has not served Notice but may offer you a new AST at increased rent, which you can decline. He can increase rent anyway via s13.

 

*Cough* "Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as grounds to evict."

 

He has....

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you dont say what sort of tenancy you have and whether the arrears are due to to increased rent due or something else. If there are no arrears then they wont get the court to agree the eviction

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The arrears (or lack of them) are probably a bit of a red herring - the Op has been given a section 21 notice (I'm assuming that the property is let under an AST.)

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Sorry. Periodic Rolling Tenancy.

 

It gets better thro. I live in an area that my local council has designated as a Selective Landlord Licensing area. This was set up in 2015 and runs for 5 years. The criteria for this area is that it is an area of low housing demand, according to the council's own blurb. A query to the council revealed that only 1 flat has a licence for that flat only, and it's not my flat, and no one has applied for a licence at all for the whole building.

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How was rent increase notified and when?

if s13, T could have applied to FTT for new rent for 12 month.

When did LL Registration become Obligatory?

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How was rent increase notified and when?

if s13, T could have applied to FTT for new rent for 12 month.

When did LL Registration become Obligatory?

 

 

No formal rent increase was ever made, it was just suggested in an email from the Letting Agent.

 

My local council used the powers provided by the Government in 2015 and declared 4 areas as selective licencing, including mine. So far my reading of this is that a Section 21 notice can not be served if a property is not licensed and doesn't fall into one of the exemption categories. My flat has no licence as of the 3rd October after checking with my local council.

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Just had it confirmed by the Council that there is still no licence and a Section 21 notice can not be served until such time as there is one.

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