Jump to content


  • Tweets

  • Posts

    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
    • Welcome to the Forum I have moved your topic to the appropriate forum  Residential and Commercial lettings/Freehold issues Please continue to post here.   Andy
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

How long will it take for me to be put out on the street?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 1292 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Hi, I'm a disabled person in my 30s who has accrued substantial arrears (6 months) due to my ex partner's financial abuse. 

Although my ex partner is now being prosecuted for domestic abuse and no longer resides here it's too late for me to save my tenancy.  I am paying my rent now that the ex has left (it was a joint tenancy) and I am paying down the arrears via installments but the landlord has just sent me a Section 8 Notice to Quit.

 

Being disabled and unfit for work and obviously not being able to get a reference from my current landlord due to the arrears, I am having no success finding anywhere to move to.

 

The Section 8 Notice gives 4 weeks notice which is correct as that it was the law requires where the arrears are 6 months or more.  As of today my arrears are at 5 months.

 

I've contacted the Council's Homeless Prevention Team with no luck -- they never answer the phone or respond to emails.  I've used whatever money I could scrap up to pay down my arrears and pay my current rent so I have no money now for a  month's advance rent and 5 weeks security deposit for a new place.

Presumably I can't be physically dragged out of this flat until the Possession Order is in place?  REalistically how long is it likely to take for this case to get to court and for the Possession Order to be granted?

 

I'm wondering if if there is a backlog for a court hearing date this might give me time to have paid off the entire arrears or at least gotten it down to below 2 months?  I've never been in a situation like this before so have no idea how long it takes for eviction proceedings to actually get a hearing date?  Couple of months?  6 months?  Any ideas?

 

I have no idea whatsoever what to do and presumably I will just get hauled out onto the street on the day with my furniture and have to sleep on the street?

Link to post
Share on other sites

Hi and Welcome to the forum

 

Im sorry to hear of the problems your facing.What kind of tenancy agreement do you hold?  Assured or assured shorthold tenancy. ?

A section 8 notice is only valid if you have one or the other.

 

For information ......

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

 

Andy

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

34 minutes ago, Andyorch said:

Hi and Welcome to the forum

 

Im sorry to hear of the problems your facing.What kind of tenancy agreement do you hold?  Assured or assured shorthold tenancy. ?

A section 8 notice is only valid if you have one or the other.

 

For information ......

 

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

 

Andy

Yes the Section 8 Notice is definitely valid.  I am on AST that runs out in 2022.

Any ideas re likely timeline to the case actually going to court and being physically thrown out on the street?

Link to post
Share on other sites

Varies on what actions you take...if you dont leave he will have to get a possession order..that may be another 12 months or longer due to the backlog......read the link I have posted. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

21 minutes ago, Andyorch said:

Varies on what actions you take...if you dont leave he will have to get a possession order..that may be another 12 months or longer due to the backlog......read the link I have posted. 

Thanks for the link.  It just confirms what I already know --- that the landlord's SEction 8 is valid and that because of the amount of my arrears it's a "mandatory" ground and the judge will have no choice but to grant them a Possession Order.

Link to post
Share on other sites

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

2 minutes ago, Andyorch said:

This is from my original post:

 

"Being disabled and unfit for work and obviously not being able to get a reference from my current landlord due to the arrears, I am having no success finding anywhere to move to.

 

The Section 8 Notice gives 4 weeks notice which is correct as that it was the law requires where the arrears are 6 months or more.  As of today my arrears are at 5 months.

 

I've contacted the Council's Homeless Prevention Team with no luck -- they never answer the phone or respond to emails.  I've used whatever money I could scrap up to pay down my arrears and pay my current rent so I have no money now for a  month's advance rent and 5 weeks security deposit for a new place.

Presumably I can't be physically dragged out of this flat until the Possession Order is in place?  Realistically how long is it likely to take for this case to get to court and for the Possession Order to be granted?"

Link to post
Share on other sites

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

14 minutes ago, Andyorch said:

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

Thanks.  So your advice is to keep trying to contact the council?

Link to post
Share on other sites

Yes or Shelter 

 

https://england.shelter.org.uk/get_help

 

Possession proceedings during the Coronavirus (COVID-19) outbreak We strongly advise landlords not to commence or continue possession proceedings during this challenging time without a very good reason to do so. It is essential that we work together during these unprecedented times to keep each other safe. We have made regulations extending the provisions of the Coronavirus Act 2020, meaning that from 29 August 2020 landlords will not be able to start possession proceedings in most circumstances unless they have given their tenants six months’ notice. Shorter notice periods will apply to certain cases where the landlord wants to evict the tenant because of rent arrears of 6 months or more, anti-social behaviour, domestic abuse or fraud. This guidance reflects the main modifications that the Coronavirus Act, as amended, makes to the notice requirements for a landlord seeking possession of their property under section 83 of the Housing Act 1985 and sections 8 and 21 of the Housing Act 1988. It sets out how landlords should give notice under those provisions and the forms they should use. (See Section 81 and Schedule 29 of the Coronavirus Act 2020 as amended by the Coronavirus Act 2020 (Residential Tenancies: Protection from Eviction) (Amendment) (England) Regulations 2020).

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913301/Technical_Guidance_on_Eviction_Notices_August_update.pdf

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group - The National Consumer Service

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

Link to post
Share on other sites

1 hour ago, Andyorch said:

Yes I appreciate that......but you will be at stalemate if you dont seek elsewhere...the Council have a duty to re home you ..you must keep trying...every hour on the hour....or get a friend to take you to their offices. 

If only it was that simple.

 

There no duty on councils when it comes to rent arrears, most councils won't even look at cases for rent arrears re S8.

 

OP has said they disabled/suffered financial abuse from ex partner, the best the OP could hope for is maybe bed and breakfast while on a waiting list for a new home or looking for one.

 

Regarding repossession of the property this could be anything from 6 months to a year maybe longer, No one really knows

 

AdrenalCortex , you need to read the link as post two and start preparing for the eviction....

Edited by 45002

Please use the quote system, So everyone will know what your referring too, thank you ...

 

 

Link to post
Share on other sites

42 minutes ago, 45002 said:

If only it was that simple.

 

There no duty on councils when it comes to rent arrears, most councils won't even look at cases for rent arrears re S8.

 

OP has said they disabled/suffered financial abuse from ex partner, the best the OP could hope for is maybe bed and breakfast while on a waiting list for a new home or looking for one.

 

Regarding repossession of the property this could be anything from 6 months to a year maybe longer, No one really knows

 

AdrenalCortex , you need to read the link as post two and start preparing for the eviction....

Do you work for a council housing dept?

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...