Section 21 Landlord wants me to leave

[barry swift]

i would like to try to challenge my last 3 mortage lenders who are kensinton,rooftop and also g-mac has anyone challenged these yet

[callumsgran]

i would like to try to challenge my last 3 mortage lenders who are kensinton,rooftop and also g-mac has anyone challenged these yet

Please can you not hijack daves thread?

Please post in the relevant section whereyou will receive more help:)

[DaveatBristol]

Well today seems to sum up everything !

 

Letter from housing department arrived confirming receipt of section 21 and so I rang them and spoke to a woman at 'Housing Needs' who deals with homeless applications. She confirmed that more than likely I will end up in Bed & Breakfast accomodation and that I will bear the costs of the legal action that the landlord will take out on me. I tried to put my point across that it was not appropriate to put me in such acommodation due to my daughters disability and she explained that the housing shortage in my area meant that there was little chance of any alternative. I also pointed out that I am being made homeless through no fault of my own and shouldn't have to suffer legal costs and CCJ's but met a brick wall as usual.

 

2 hours later I had a meeting with a woman from 'Shelter' - gave her all the relevant paperwork and even though she felt it was unfair and agreed with most of what I had to say, she was uanble to help me and was only able to advise me as to what type of accomodation e.g. Bed & Breakfast would be like and roughly how long I might be there. When I asked her if there was anyone she could put me in contact with concerning a disabled child about to become homeless she was unable to point me any direction. The only positve thing she said was that she knew of one person who took the council to court to make them pay for the costs incurred of staying after the section 21 expired.

 

I am fast giving up hope as everywhere you go they point you in the direction of 'shelter' and like the lady from shelter said - 'We cant offer you any accomodation' - the first thing she was anxious to point out which I already knew was to stay in the property and become a 'hostile tenant' or the 'digging your heals in' building up a debt which you are liable for not the council !!!!

 

Now my question is different - does anyone have any experience of going through the 'temporary accomodation' route being homeless ? and what sort of time scale did they have to suffer before being offered anything in the way of permanent accomodation. I am hearing that it can take 2 years max ?

[iwannabedebtfree]

Dave

 

you can only be placed in B&B accomm for up to six weeks as you have a family. under the homelessness (suitability of accommodation) (England) order 2003 B&B accommodation should not be considered as suitable for families, however under the homelessness code of guidance 17.29 your LA could place you and your daughter in B&B accommodation for up to six weeks then they must secure suitable accommodation.

 

DCLG is expecting LA's to accept duties prior to court proceedings. I do know of some LA's that pay court costs if they ask someone to stay in the private let.

 

I would be asking shelter to chase up your housing application with Bristol council, notably to what degree of preference you have. Under s167(2) of the housing act 1996, the LA should give reasonable preference to certain groups.

 

Notwithstanding the fact that as a homeless person (when accepted as homeless) you will be given reasonable preference (subsection 2a). if it is that your current accommodation is no longer suitable for you or your daughters needs (and not due to the impending homelessness) subsection 2d should be invoked as a person who needs to move on medical or welfare grounds.

 

I would ask Shelter to chase this up, a simple call to the housing dept will confirm your current application and what is on the application and how your application fairs in relation to others in a similar position. Likewise, under s17(1) your local social services dept will be required to "safeguard and promote the welfare of children" assessed as being in need, and as part of this should promote the upbringing of said daughter by her family (s17(1)(b)). Although this is a general duty and does not literally advise you have to house a child to promote her welfare section 17(6) advises that such services may include assistance in kind, or in exceptional circumstances, cash, and could include accommodation. Unfortunately for social services support your daughter would have to be assessed as a child in need, sadly whilst she may be eligible for social services assistance there is no absolute right.

 

Likewise, if social services are not compelled to act there is other legislation that could be invoked as a desperate need, but it sounds like your homeless team will offer a duty to house temporarily, albeit once a court order has been granted.

 

sadly i cannot answer the question of timescale, i am not from Bristol so do not know its current housing demand but i have heard of cases whereby clients have been in temp. for up to two years, and other clients who have been accommodated within weeks. I would ask for ongoing Shelter support, albeit they cannot offer accommodation, they can provide advice and work on your behalf.

[DaveatBristol]

Many Thanks

 

I have had a good look at the Housing Act and Childrens Act myself thinking that the only way I can fight this is by becoming clued up on the legal aspects as CAB and even Shelter dont want to bother spending any time or effort to look.

 

An interesting area that I have found is the definition of:

 

'Suitable Accommodation' in relation to Bed & Breakfast

 

PDF file - Liverpool Local Authority

 

http://www.liverpool.gov.uk/Images/tcm21-74541.pdf

 

Homelessness Code of Guidance for Local Authorities DCLG

 

Chapter 17 SUITABILITY OF ACCOMMODATION

17.5. Housing authorities will need to consider carefully the suitability of accommodation for applicants whose household has particular medical and/or physical needs. The Secretary of State recommends that physical access to and around the home, space, bathroom and kitchen facilities, access to a garden and modifications to assist sensory loss as well as mobility need are all taken into account. These factors will be especially relevant where a member of the household is disabled.

I might be able to work on this area as my daughter has specific needs that might be relevant to this section.

 

If I can get the medical profession to put in writing their concerns then I might be able to use this as a lever against the council.

 

17.25. Living in B&B accommodation can be particularly detrimental to the health and development of children.

Note: the above section 17.25 assumes that the child is healthy and not disabled in any way !

Thanks Dave

[gizmo111]

Dave - I have sent you a PM.

 

Under the Children Act Dave's daughter by the very nature of her disability is a child in need. However all this will guarantee is temp accommodation and could include a B&B or family hostel.

 

I am surprised that Shelter are not interested in this case.

[DaveatBristol]

I will also be pointing out to the council that I have given them three months warning of the impending homelessness which cannot be regarded as a short length of time

 

17.34. The Secretary of State considers that the limited circumstances in which B&B hotels may provide suitable accommodation could include those where:

(a) emergency accommodation is required at very short notice (for example to discharge the interim duty to accommodate under s.188); or

(b) there is simply no better alternative accommodation available and the use of B&B accommodation is necessary as a last resort.

 

....... and I will get my local MP to check with them that there is no other suitable accommodation available and see if they are prepared to tell lies to a member of parliament.

 

How come Shelter were not able to point the above out to me and give me support ? I have only found this through you prompting me to look at the legislation - surely someone like shelter should know this legislation back to front ? I cannot be the only person being threatened with homelessness, must be 1000's like me up and down the country.

[gizmo111]

I deal wit hShelter quite a lot and they are usually excellent with advice and legislation, and they love a good fight against the LA!

[iwannabedebtfree]

Dave in relation to temp accommodation, there is no right of review of the accommodation made available. the only way is via judicial review. As for all the code of guidance says it is that just guidance and secondary to legislation and caselaw. try going to http://www.opsi.gov.uk/si/si2003/uksi_20033326_en.pdf and download, its the homeless (suitability of accommodation) order 2003 and will explain legislatively in respect of B&B, the code should then be read in conjunction with the legislation but is not a replacement for the legislation.

 

Like Gizmo has advised, Shelter do like casework whereby local authorities are asked to do more than they are doing. Sadly dave due to the way the legislation is written you will only be threatened with homelessness 28 days before the impending homelessness ensues. There is such a lack of accommodation for people with disabilities that sadly on fair occasions the disability to an extent is put to the back to ensure that a roof is placed over someones head.

 

However, i would follow Gizmo's advice and chase up social services. if the case is now closed request a fresh child in need assessment. explain your circumstances and your fears around your daughters disability and how it will be compounded with the threat of homelessness, and the uprooting being homeless will cause, the impact it will have on her health, education, emotional wellbeing, disability, access to current medical facilities if it is that she has to access professional medical assistance regularly or a district nurse has to visit. it is the small things that happen now that when homeless will become an issue that you should make a note of and present to these agencies.

 

Personaly i would go back to Shelter and ask them to look at your housing applications and explain to them that when you told housing about your daughters disability they only saw it as physical advising that if she can climb stairs she doesnt warrant priority. i would ask them to confirm with housing how your application is doing, and if it needs ask shelter to support you in putting a case together for reasonable preference based on your daughters needs.

 

hope this helps

[The Legal Eagle]

Hello Dave at Bristol

 

My apologies for the delay in following up on my earlier message. I will try to keep this as brief as I can and try to look at the issues raised in half a dozen or so areas, these being and in this order

 

The Landlord

The Agent

The Deposit

The Property

The Housing Department

The Court and legal processes

 

 

The Landlord

 

Someone has pointed out it is his house after all, but what are his plans once these repairs have been carried out. Is he re-letting - if so then if you have been a good a tenant as you sound frankly he would be mad not to re-install you in the property. Mind if he intended to do so he could have served a different notice with repairs as the reason for needing possession. Is he selling it afterwards?

 

The Agent

 

Always remember their contractual Duty of Care is to the Landlord. They have a Duty of Responsibility to you, mainly reflected in the need for the property "to be safe and fit for the purpose" but their first lyalty always must be to the landlord.

 

It is quite normal to take rental payments in advance in cases where for whatever reason the personal covenant is weak - in your case because you are a HB tenant and therefore there will be delays and all sorts of issues including possible clawback (sometimnes for no other reason that the HB office made a mistake) for up to 6 years after payment.

 

Bear inmind too that from April 2008 all HB offices will be paying the benefit direct to the tenant in all but the most exceptional of cases so there will be an even greater exodus of private landlords unwilling to rent to HB tenants.

 

The Deposit

 

Is your rent/HB allowance paid direct to the agent (probably) the Landlord (possibly) or yourself (unlikely). If not the last then the only thing you can do is immediately instruct the HB office to make payments direct to you and that you will pay the agent. There is absolutely nothing the Landlord can do about this (time to short) and no way the HB office cannot comply (you are a good tenant). When the payment comes into you then if you suspect any foul play at the end of the tenancy you can tell them to keep the deposit as the last month's rent.

 

This assumes the property will be in good order when you leave.

 

Is there an inventory and has it been updated over your 10 years? Landlord may be on very weak ground if not.

 

The Property

 

I am really interested in these repairs that are needed - I have not seen you criticise the property particularly so what is it that needs to be done, cosmetic or essential repairs?

 

Depending on whether you want to play hard ball you could have a really makjor card to play here. In simple terms there is no defence against a mandatory possession action like this one other than finding some legal flaw in the paperwork - errors in agreement or notice etc.

 

Next best option is a counterclaim by you against the Landlord for breach of his obligations under ss11 - 16 of The Landlord and Tenant Act 1985 as amended bu s116 of the Housing Act 1988. If in Court you can show that the Landlord has fallen down in this area you will be able to mount a claim against the Landlord for return of rent - because you haven't had what you contracted and paid for, a safe property will all amenities and kept in good repair.

 

Mention the words "Environmental Health Department " and "referring the property condition to them" and see how high the Landlord and agent jump (if they don't then they don't know what they are doing). As a Landlord the EHO is the last person on earth you want round a property as if they start demanding repairs it will be a long list and if the Landlord doesn't do them then the Council will slap an Enforcement Order on him and if he still doesn't do them the Council will and they don't come cheap!!

 

And of course the property cannot be re-let until the repairs are done and it may not even be possible to sell it. As I say depends how much hard ball you want to play. You could use this as leverage to delay the Landlord's proceedings though while he gives you more time to vacate satisfactorily instead of you involving the EHO.

 

The Housing Department

 

I've seen the couple of references to Yvette Cooper and several years ago following the annual change in the (then) DSS Regulations the ODPM (now DCLG) wrote to all Local Authorities telling them not to delay re-housing tenants in mandatory cases. However the LAs ignore this for a whole host of reasons and excuses that I won't bore you with but suffice to say I have exchanged letters with several LAs on this subject telling them not to do it again (too late in a case where they've already told the tenant to stay put, which legally he is entitled to do until the Order is granted) and they write back worming their way round it.

 

Statutory Homeless is essential for you to achieve, some LAs will pick a tenant up quite early on in the process, others will delay almost to the Court hearing Date, others until the Order is actually granted. To be Statutory Homeless in theory you have to wait for thre bailiff to walk up the path and then walk out, but in reality few councils push it that far.

 

Given your circumstances I am surprised they are not trying to help now. The point you made about having given them ample warning is a powerful one, keep doing that and make sure you get something in front of the person who matters, the one who'll get it in the neck from Councillors if there is bad publicity i.e. the Housing Manager. Get his name and send a letter inside an envelope inside an envelope etc.

 

When you ring insist on speaking to him because it is a personal matter and then when the minion on the other end says what is it about you can have the pleasure of quoting Data Protection at them for a change!!

 

Court and legal proceedings

 

There will be no costs if you leave before the Court hearing as none will have been awarded by the Court. Depending how wel his agreement is worded the Landlord may be able to pursue you privately for them, but I'd advise any Landlord of ours not to bother and to get on with the rest of his life.

 

You can only defeat a s21 action on legal grounds, you can have been the greatest tenant in the world but "I want" is sufficient for a s21 Landlord. If he is legally correct the Judge must grant the Order. But you can play your counterclaim for repairs card.

 

The Order is not a CCJ but the Money Order for costs is - clear it within 28 days and it won't be registered against you.

 

 

Hope this helps, I am away a week now but will pick up on the string again on my return.

[DaveatBristol]

Thanks Legal Eagle

 

I can give you an update to my situation

 

I got a letter from social services in response to a lengthy phone call last week. Remember it was the CAB that gave me the number to ring for the Child/Disability section of SS - The letter explained that thhere was nothing they could do and they sent me a photocopy of the details of the nearest CAB office to contact. That amounted to a complete joke and a waste of time me contacting them in the first place. I made it clear to them that all I wanted was a letter of support concerning my housing situation.

 

I came to the conclusion that anyone that doesn't know me personally or my daughter had no interest in supporting me in any way.

 

On to the next port of call .... Doctor ... he knows me and must understand the medical needs of my daughter and the impact of homelessness on her disability. Struck lucky - Doctor thoroughly agreed and did not need persuading in any way - after all the medication that my daughter takes has to be kept in a fridge - insulin - a clear liquid that can be lethal in the wrong hands ( Dr Shipman knew that and used it to good effect ). To share a fridge with other homeless people with alcohol and drug problems is simply not acceptable. Doctor sends back medical report to the housing and within days the housing department ring me informing me that my daughter's disability adds an extra 50 pts to my tally.

 

next port of call ... School ... where they already had concerns surrounding her disability and emotions. They were very supportive ( might have something to do with the fact that they know her and me ) and didnt need any persuading concerning letter of support which I am about to receive any day now.

 

Thats 2 on my side and critical ones at that.

 

To answer a few of your points ....

 

1 Environmental health department

 

Yes they came out about 18 months ago and contacted the landlord Re: work that needed to be done - That is probably the reason why I now have the section 21 to quit - I remember the guy from the environmental health saying to me that he couldn't force the landlord to do the work ... could only ask him, and some landlords get the hump. The main areas of work are the windows ( rotting frames ) front and back, kitchen and bathroom in great need of modernisation. structural damage to garage outside. Last inventory was the one when I moved in 10 years ago.

 

2 The deposit

 

HB pays me direct and then I pay by cheque to the agent every month. Problem is that I pay one month in advance so it may be difficult to withold rent and may even lead the housing department to come to the conclusion that I have intentionally made myself homeless. But it might give me some flexibility if I were to know when I was moving and where.

 

3. Court & Legal proceedings

 

Shelter now say that I can only challenge the council over these costs and having to stay until a possession order is granted if I can show that the council have failed to consider supporting evidence and that it is unreasonable to expect me to remain in the property.

 

Now its a waiting game - and a countdown till my tenancy ends. I intend to get a reference from the agency stating that i have paid rent to them for 13 years and have never fallen behind with my rent.

 

When my tenancy expires I will then see my local MP with all available documents and see what influence he might have.

 

It is remarkable that Shelter, CAB, housing etc all say sorry theres nothing they can do but as soon as one person ( Doctor ) backs me - they now would like to look at the medical evidence and are treating me as a person and not just a number, because they all must know how powerful a medical argument can be, and how it brings legal arguments into play.

[iwannabedebtfree]

Dave

 

it is so nice to hear that housing to an extent have finally listened to what you have been saying. from your original post, it did seem odd that housing had not taken into consideration your daughters needs correctly, as from the information given there was evidence to suggest reasonable preference.

 

has the housing department explained to you what this 50 points mean exactly? and how it affects your application? Also, as your daughter has medical needs, it should have an impact on where you are placed in temporary, i.e if it is B&b they will have to cater for your daughters medical needs, failure to do so could be challengable by way of judicial review if they fail to deal with such an issue.

 

I hope they do take more notice of the situation now dave, but cant help feeling that they had incorrectly prioritised your application in the first place, the housing department that is.

 

Good luck dave with all that you are doing, by the way if you are unhappy with SSD and their decision ask for the assessment social worker's manager and ask them to review the situation in light of medical evidence.

[Scott1976]

Good luck Daveatbristol, the way the LA`s treat ppl is disgusting but the way there treating you and your daughter is even worse.

Stay lucky

[Stephzorba]

Hi Dave

 

Just thought I respond to this thread, absolutely disgusting the way you are being treated. I work for a local council and have spent many years housing people, some of them in similar situations to you. It's fair to say that the landlord wants his property back - fair enough. The council will always advise you not to leave until the baliffs are almost on the door step - if you do leave before then that's how they brand you as intentionally homeless which means they can then say they dont have a duty to you. The landlord cannot legally force you to pay these charges to you for the cost of evicting you and he knows this!!! The council will accommodate you in temporary accommodation when you are actually homeless on the day or just before, they certainly do have a duty to house you and you will then fall into a 'priority need categorty'. Depending on what schemes Bristol are running they may try to get you to accept permanent accommodation in the private sector - do not go down this route again. Stand your ground and tell them you want Housing Association or Council - private renting is normally more expensive and some landlords dont take responsibility of repairs etc. You need to contact social services and tell them you want an occupational therapist who can then do a 'needs led assessment' for you and your daughter. What type of disability does your child have? Does the property need to be adapted for her needs?

 

Sounds like this could work out in your favour - dont let the council or your existing landlord bully you (people like this really annoy me)

 

Regards

 

Steph

[389shell]

My heart goes out to you, what a terrible situation I just can't believe that the people who we pay a good percentage of our wages to can actually treat you like this. What I think is also disgusting is that you are making yourself intentionally homeless if you leave when your tenancy agreement is up, surley they can see you have signed a legally binding document (the tenancy agreement) which stipulates that you vacate the property if the landlord does not want to renew!

 

Have you tried to get in touch with newspapers? Maybe if the council got a few awkward questions asked of them they may 'find' something suitable for you and your daughter, or try emailing Watchdog the program, you never know it may be worth it. Do councils have ombudsmen (probably showing how thick I am) or is this the MP angle people have already advised. You can also email Tony Blair although I know nothing will come of it you can vent all your anger into the email, he will be used to it.

 

I think the paper is a good idea though because if one gets behind you then there is nothing like community spirit, I am absolutely sure these people will back down with a bit of pressure.

 

Good luck, I really hope that everything works out for you.

 

Shell xxx

[389shell]

or try emailing Watchdog the program

 

Here is the link, I would suggest that anyone who reads this thread should just email the show, they are sure to have a look if there are enough people telling them to do so and they will contact the OP by PM on here, I have put my two penneth in to them.

 

Fingers corssed for you Dave

 

Shell xxx

[389shell]

BBC - Consumer - TV and radio - TV and radio

 

Here is the link to the above (doh)

[The Legal Eagle]

Hello Dave at Bristol

 

OK let's narrow downnow to a few specifics. Beyond the provisions and qulifying issues on statutory homeless I'm not an expert on the provision of social housing. Nor do I know anything about child welfare, splitting you up and so on. But I am expert on Landlord and Trenant Law and would now advise you as follows.

 

ENVIRONMENTAL HEALTH/PROPERTY CONDITION

 

You couldn't be more wrong, if it is works over which they have enforcement powere believe me the Council could easily force this Landlord to do the works, and if he didn't they would and would charge him. And if he didn't pay they'd prosecute and/or tajke a charge over the property to ensure they got their money back sooner or later. I've seen this several times and once they sink their teeth in they don't let go.

 

I can only assume that the works required were not significant enough for the Copuncil to be able to use formal powers.

 

rent in advance and deposit

 

All rents are usually paid in advance, but there should beno issue linking this to statutory or intentional homelessness as you are not being evicted for arrears.

 

If it was me in the month before I knew I was vacating I would tell the agent to use the deposit (once they chased you for the rent) and in the month of actual departure pay the number of odd days on a daily calculated rent.

 

References

 

Very good idea - asking the agent for confirmation of your rent record and treatment of the property will make them think you are getting organised to leave when they want you to. Also better to get it before you start playing with the rent payment timings!!!

 

Costs

 

I noticed a recent reference to the Landlord not being able to get costs against you. He most certainly will, his fixed courtr fees and any bailiff fees (around £250 in total) plus a small amount towards any solicitors costs will definitely be awarded and that is what will lead to the CCJ unless you clear it before it is registered against you.

 

Whether the Landlord can find you or whether he can actually get the money out of you is a different matter, but he will certainly get them awarded.

 

Court proceedings

 

If it does go as far as Court make sure you attend.

 

If it is what is called an Accelerated Possession Procedure (APP) which is all done by post make sure you complete the form sent to you by the Court and return it within the 14 days you are alowed.

 

Interested in the comment that youcan recoup costs against the Council if they have caused you to incur them when they could have avoided it by re-housing you earlier. Personally I'd be very surprised given your circumstances if they didn't pick you up as soon as you show them either the APP form or the Court notice of the hearing date if it goes that way (Traditional Procedure).

[DaveatBristol]

I now have the Doctor/School/Diabetic Nurse all supporting me and writing direct to the council. Only one missing is social services but then they are part of the council so that doesn't surprise me at all.

 

The housing Needs team contacted me again today to say that they are aware of my situation but pointed out that there are no available houses on their books and that temporary accommodation is most likely.

 

The landlord sent 2 workmen around today to measure up for new windows so it is quite clear that he intends to do the work on the property after I have left at the end of the tenancy ( 7 weeks to Go now )

 

If I am still in the property after the tenancy expires then I will arm myself with all the paperwork and will contact the local paper and MP. I will not be impressed if I have to go down the route of cout costs/ legal fees CCJs and will fight this with every ounce of strength as the law allows this injustice to take place. Shelter told me that I can try to bill the council with the court costs and they know of a few cases where the council have paid up as they obviously realise it is an outrage to expect someone that doesnt have debts/arrears to be taken to court when it is them the council that have caused the situation. It is a joke that I might have to speak to the landlord on the quiet and inform him that i will be able to go once he has issued me with a possession order and ask him not to incur too many costs in the process. Seems a bit difficult to withold the last months rent to reclaim my deposit as if I am still in the property after the tenancy expires then he will also take me to court for rent arrears and then I might fall into the bracket of "Intentionally making myself homeless"

 

Difficult to win in a situation like this !

[MrShed]

Just my tuppence worth on a few points:

 

- It is a complete fallacy that no landlords will take HB tenants. In fact, we personally prefer them, as it is a guaranteed rental income, no void periods or defaults. We may be in the minority, but there arent a great deal of landlords who outright ban HB tenants.

 

- Legal Eagle, AFAIK you cannot claim solicitors costs for this, as the process is deemed to not require a solicitor?

 

- IMO, no point worth going after things such as unfair terms in the AST - all this will acheive is voiding the unfair terms in the contract, no financial recompense and no delay to eviction.

 

- Bear in mind that whether you remain in the property or not, you are still due your deposit(minus deductions for damages and legal costs).

 

- The costs the LA is asking to relet you another property are kind of irrelevant - the LA does not have to let you another property, so they can pretty much put whatever terms they wish on it. This is a gross simplification, but accurate enough for your position.

 

In my opinion, the best way to perhaps delay eviction, if this is what you are wishing to do, is check the S21 notice thoroughly. A very large percentage of them have dates incorrect. Can you post here the full text of the S21, and also the dates and rental period as specified on your tenancy agreement?

 

Is there no way you can stay resident during these works? Have you asked the landlord?

[J-Bass]

I'm assuming that you've paid a deposit for the flats?

 

Would it not be possible to not pay the last month or six weeks rent (depending on deposit) and use that as a deposit for a new place?

 

Firstly, you won't be in any rent arrears and the money from benefits you'd be able to use for a new place.

[The Legal Eagle]

Just a couple of points onlegalcosts and Unfair Contract Terms.

 

Mr Shed is almost right on legal costs but the fixed Court fees are always recoverable nomatter what type of action it is - if you win!! Where it is restricted is the legal costs interms of solicitors etc where it will usually be restricted by the Judge in the County Court and nothing in the Civil Court (Small Claims Court).

 

The comments on Unfair Contract Terms and the OFT and referring matters to the local Trading Standards are not wuite correct either. Yes it is possible that little will come of it and I would only suggest it if you were upset and peeved either with the Landlord, or agent, or both. If you are not then clearly you don't.

 

But remember the only way you can defeat a mandatory section 21 possession action is on legal grounds and if the tenancy agreement is poorly constructed and in particular if there are Unfair Terms in them it could go a long way further than just delay and inconvenience for the Landlord. If the agreement is found badly wanting you could end up with clauses in conflict with each other and a key clause being struck out - leaving the Landlord unable to enforce. This is unlikely but it is a possibility.

 

The OFT have just come back into my life 10 days ago and this is 17 months after their first objection I am dealing with. Believe me, if you want to make someone's life miserable just refer their agreement, or their terms and conditions (terms of business) for tenants to the OFT. They make the Revenue look like pussy cats!!

 

Incidentally good point someone made, can't these essential works be done around you?

 

On Housing Benefit I agree with the comment, there are some very good HB tenants. Unfortunately life is going to become very much more difficult for them over the next 12 months as from April 2008 all HB rent payments will be made to the claimant. This will lead an awful lot of Landlords who have the choice of whether or not to accept an HB tenant and I guarantee you a large number of HB tenants will be receiving terminationnotices by early 2008 so the Landlord can install a fresh tenant.

 

It's not the person usually that is the problem - it is the system. Delays on getting payments direct, constanr reassessments because of change in circumstances and then the risk of clawback by the HB office keep many Landlords out of the HB market.

 

In 2008 he inability to have the money paid to them direct when it does eventually come through will be the final straw for many others.