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Landlord has changed the lock
Comments
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OP has said (somewhere!) that rent is up to date...Moondragon wrote:In the eviction letter they said that I had 8 weeks arrears while i had just 2 weeks arrears due to the housing benefit payment delay.
There may be a difference between what OP considers up to date and what a court would consider up to date.I'm a Forum Ambassador on the housing, mortgages & student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to forumteam@moneysavingexpert.com (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.0 -
Very true, but we can really only give advice on the basis of what the tenant tells us.There may be a difference between what OP considers up to date and what a court would consider up to date.
Otherwise we could start speculating about whether a fixed term really ends when the tenant believes it does, and a whole host of other things.
If we were advising in a professional capacity, of course we would check bank statements/receipts etc to ensure tenan was really up to date, but on a forum like this I think we have to just take the info provided and advise as bast we can on that basis...:)0 -
S8 could be other breach of tenancy0
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OP has said (somewhere!) that rent is up to date...
Post 4:No, he said it was HB's fault it wasn't. Makes no difference, ofc.The rent payment was done by myself through my online bank account and I have my bank statements as proof of this. On 05 January 2013, the rent was up to date.
True - but the OP said (post 1) :S8 could be other breach of tenancyIn the eviction letter they said that I had 8 weeks arrears0 -
Hello,
I have presently another issue as a result of the previous landlord harassment: I have receive an irregular and expensive mobile phone bills (when i was locked inside the property for 5 days and don't have a landline) since I have called (0845 numbers) a lot shelter, community advice center (refered by shelter) for legal advice in goal to make the landlord give me a copy of the new key.
I would also like to know if I could deduct this phone bill (around £100) from the next rent because if i pay this bill I will have one or two weeks delay in my rent and the landlord could use this last against me (serve me a section 8 notice).A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.0 -
no you cant deduct the phone bill from the rent.
you also need to remain up to date with your rent or you will face further complications with your landlord.0 -
In order to serve the usual S8 notice and for it to succeed, the rent has to be 2 months in arrears, at the time of serving and the time it goes to court.
If the LL sues because of frequent late payment, the Op can provide evidence that atttempted illegal eviction caused the late payment and I suspect the LL would look like a mutt.If you've have not made a mistake, you've made nothing0 -
I think the S8 notice can be serve even if the arrears are less than 8 weeks. For rent arrears more than 8 weeks the judge will validate the notice.In order to serve the usual S8 notice and for it to succeed, the rent has to be 2 months in arrears, at the time of serving and the time it goes to court.
If the LL sues because of frequent late payment, the Op can provide evidence that atttempted illegal eviction caused the late payment and I suspect the LL would look like a mutt.
Also, I would like to take less risk as possible I will try to keep the rent up to date.A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.0 -
I have just remember : on the contract the rent was £260 (all inclusive : I was paying during the first 5 months) but unilaterally the landlord had asked (after 5 months (one harassment started)) a further £40 for electricity and until today I am prevented to use the kitchen for cooking (else the landlord ask a further £50 that I do not have (but originally was included in the rent)).
Also, since on the s8 notice the landlord is just talking of the rent on the tenancy agreement £260 (without talking of the further £40), should I stop paying this further £40 for charges and request an adjustment of this £40 payed during the last 6 months [this will mean I had paid (under harassment) an excess of £240 = 6*£40]?A cat who's been sprayed with hot water, will then be afraid of his own bowl of innocent fresh water.0
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