Eviction Time Again - Twice In 7 Months

[mystic_bertie]

Hello Friends.

I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it. 

 

These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.

 

I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.

 

They have told me they are starting legal proceedings. They have sent me an invoice for £395 to cover court fees, the court paperwork states £391.

 

I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.

 

The court paperwork arrived today, i can post this or the notice if needed.

Edited May 20 by mystic_bertie

[lolerz]

You sure it's a Section 48 notice?

Section 48 notice is just telling you who your landlord is.

Have they sold and they're just telling you who your new landlord is or is it an actual eviction notice?

Might be best scanning it up just in case here.

[mystic_bertie]

lolerz, many thanks for your reply and correcting my big mistake, oh dear start again.

They sent the section 48 along with the Form NO 6A, it was sitting on top of the paperwork, sorry about that. SO they have sent me a Form No 6A and i have received the court paperwork with the claim form and defence paperwork.  

 

[lolerz]

Tagging @stu007 who's great with this.

You should have at least 2 months notice with a Section 21 notice (Which Form 6A is used)

For now, scan, redact and upload anything you think will be useful

 

 

[mystic_bertie]

hi lolerz many thanks for your reply and help. My 2 months has passed i was waiting until the court proceedings started. As i went through this process not that long ago, i shall look back at my old thread for how to respond.

Ill get the docs scanned soon thanks.  

 

[AndyOrch]

This the same issue ?

 

[mystic_bertie]

Andy thanks for your reply. No i am now being evicted from the house i moved into after that previous post.

The letting agent lied to me when they said the landlord would not be selling the house. SHe did not mention that the landlord tried to sell the house last year, i was not told this, 4 months into the tenancy i got the eviction notice. Its obvious they lied to me and used me to fill in the gap between their attempts to sell the house.

I have filled in the defence form as it was easy to follow the old one from my previous post. I will post it later on in the hope someone can give it the once over. It has to be in by the end of this month may 31st.  

[stu007]

Hi

With the Section 21 Notice I do hope the Landlord issued you with:

Energy Performance Certificate (EPC) for the Property

How to Rent Guide

A current Gas Safety Certificate (if gas in the Property)

If above have not been provided to the Tenant by the Landlord then they can't use a Section 21 Notice until the above have been provided (note you don't warn the Landlord of this until but put it in your defence)

Have a good read of this link:

Evicting tenants in England: Section 21 and Section 8 notices - GOV.UK (www.gov.uk)

 

[mystic_bertie]

Stu007. Many thanks for your reply.

They have supplied all the necessary documents so it looks like everything is above board. 

Many thanks for the link, once again everything seems above board. 

I have received a second claim form today as it says the one they sent me did not refer to my tenancy. Ill look at the details later  

I have filled out the defence form, took pics, i will redact it later and post the pdf.  

[mystic_bertie]

Hey guys sorry for the delay in replying. I finally got round to redacting my defence form. Could someone please kindly give it the once over when they have a spare bit of time

What rights do the letting agent have in recovering the court fees from me. The court fees are £391 yet they are charging me for £395, £4 more. Can they take this off of my deposit or do they have to wait to see if i pay it off my own back? They have put this on my online account right away.

New defence form may 2024.pdf

[stu007]

Hi

Just had a wee look at your PDF and nothing really to add.

Now as for the Court Fees if these are in there Claim then that is for the Judge to decide whether they accept the recovery of Court Fees in the Claim.

If recovery of Court Fees are not in the Claim and they try to recover these via your deposit then you dispute this with the Tenancy deposit scheme your deposit is protected in and point out these costs should have been in there Court Claim which they failed to do and is there error.

 

[mystic_bertie]

Good afternoon Stu. Many thanks for taking a look at my defence pdf and giving it the ok.  

On the claim form Question 3 they ticked yes   'are you the claimant asking for an order that the defendant pay the cost of the claim?' . So it looks i can only hope the judge sympathises with my appalling treatment by the landlord and their agent.

 

As i previously said i was so desperate to find a place due to my previous eviction 7 months ago, i took something that i was not entirely happy with. If you look at the pics on my attached pdf, you can see masses of weeds at the front, side and rear garden, the back grass needs professional equipment to cut it, countless dead insects on many places including the kitchen window, same with the disgusting cobwebs.

Regarding the garden The girl told me she would talk to the landlord but nothing was ever done, i have not touched the garden and its still in the same mess except there is lots of dead grass. I thought all agencies would get a cleaner in before a new tenant moves in but it seems the landlord was too tight to get this done. I was left with no option but me and my daughter to clean this up.

Stu do you think its worth making the judge aware aware of the mess i faced when i moved into this house?

pics of poor condition.pdf

[mystic_bertie]

Dear Stu. I have been very annoyed that they put this fee on my account right now, as you said the court might rule that i have to pay it further on. This sounds like a dodgy practice. Below is what the account manager sent to me when i asked her why this was getting added to my account right now. Is this legal what they are doing i.e. pre-empting the judges decision it seems.

'Thank you for the email.

 The court fees have been added to your account as you have not vacated the property. If the court decide that the landlord is not able to recoup the costs, we would remove the charge from your account.

 At present, the court costs have not been deducted from the payment you made towards the rent.'

[stu007]

Hi

Sorry for the delay in getting back to you

The email excuse and I do say excuse to add to your account and if court decide LL can't recoup costs will be removed is a joke.

So I would Ask them:

Ask them to provide you with the exact terms within your Tenancy Agreement that allows them to add these Court Fees to your Account before it has been decided in Court by a Judge.

Until the above is answered you require these Court Fees to be removed from your Account

(Note: I will all be down to your Tenancy Agreement so have a good look through it to see what if any fees they can add to your account in these circumstances)

[mystic_bertie]

Good Afternoon Stu,  Many thanks for your reply. I will do as you suggest and email them for the exact terms.

I shall have a look through the Tenancy Agreement too  myself  

[mystic_bertie]

Good afternoon Stu i thought i had posted an update but i see i forgot. Your brilliant  suggestion has worked and for now they have credited my account with the court fees. Many thanks again  

[mystic_bertie]

Good evening guys i received a letter from the court today, it asks me to attend the court regarding my request for my stay to be extended. 

I have attached the court letter and my comments from the defence form.  

court letter 25-june.pdf

[mystic_bertie]

Good afternoon could someone kindly have a look at my court letter thats asking me to attend

[AndyOrch]

Well as per the letter you should attend....nothing really else we can advise

[mystic_bertie]

Andy many thanks for your reply and confirming this .  

[mystic_bertie]

Good afternoon guys.

I did not know the landlord would be at court too. I thought the judge was just wanting to ask me something. The landlord has requested that i get evicted in 2 weeks time, i requested that it was delayed to until Dec, i told the judge about my mental health problems and that i did not have anywhere to stay, i don't have enough money to move. The judge gave me a third week. So i need to vacate by 3 weeks. 

I want to move away from this area so i'll likely have to put my stuff in storage for now and then try to find another job and relocate. Im feeling well enough to do all this thankfully.  

[mystic_bertie]

Good evening Friends i have received the court letter today and i have attached a copy requesting that i leave by 25th July. Im having to put my stuff into storage by myself and i could really do with a bit more time.

'There be no order as to costs' - does this mean i don't need to pay the court fees?

What are my options now? If i don't leave by the 25th am i likely to get hit by bailiff costs?  

 

 

court letter 06-07-24.pdf

[lolerz]

yeah you're not responsible for costs

 

[mystic_bertie]

lolerz many thanks for your reply. It did not occur to me to search this, the shelter site seems to suggest i dont have to pay the costs. Or am i reading it wrong?

 

no order as to costs or each party to pay their own costs - where the order states 'no order as to costs' each party pays their own costs of the part of the case to which the order relates, regardless of whatever costs order the court makes at the end of the case (final costs order).

[lolerz]

yep that's it.

Usually, unless it can be proved you've been negligent or ignored court orders etc, you're not liable for eviction costs.