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Did I need a signature?

2

Comments

  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    No. Your letter should be sufficient, even without a sig as you have proof that it has been received - although as your gf hasn't signed it, you;d be in difficulties if she denied that she was a party to it (I'm assuming that's not the case?)

    Advice from Shelter is free.
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Vvalentine
    Vvalentine Posts: 10 Forumite
    edited 30 August 2009 at 4:22PM
    Okay, from the very very very beginning,
    May '09
    We are looking for somewhere to live. We have had problems before with our deposit not being protected. My partner has a friend at work who's dad lets his property to students. We arrange to sign a T.A., it begins 1st Sept. The son works nightshifts, so it is very difficult to meet him and get a signature down. My partner eventually manages to sign it.
    June '09
    A few weeks after this, we move in. Reduced rent, before Sept. 1st, paying rent to the son. (as such I believe we are essentially subletting). We never recieve a copy of the T.A. with the landlords signature.
    11th August '09
    Text from the landlords son -who lives with us but had gone to visit his parents- 'need a deposit, gather money by this week'. We reply 'need signed tenancy agreement'. He returns with a copy, not attached to a T.A, with only my partners signature. We ask him to give us a copy of the T.A, and he gives us one on a memory stick, password protected. It has the landlords contact details, so we ring them. We ask wether the deposit would be protected. They said no, they didnt need to, but that they would check. They end the conversation.
    12/08/09
    The next day, we are told by the son that we will be evicted. We call the landlord, saying we will pay the deposit, they refuse to let us. We ask for a written notice of eviction, again he refuses. I ask him if we are A.S.T, he says we are. We ask for a copy of the T.A. with his signature, he says he has a signed one, but refuses to give us a copy. Eventually he agrees to send a notice of eviction, of course he did'nt.
    my partner is very upset, she emails grandparents, giving them a copy of the T.A. to look over. Literally saying "please help", and asking them to look over it to see if there was anything we missed. When they call him, he tells them that I have been hitting my partner. As soon as I get wind of this, I call the Domestic Abuse Investigation Team and ask them to investigate. Seems that they wont if the accused is the only one who calls them. The reason that I did this is because I needed to be able to prove that I am not abusing my partner, but can only prove it via an independent authority. Also, my mother was domestically abused, so I took the slander a bit personally.
    We wait a while for a notice of eviction. the landlord continues to slander me, and so I decide to go to the police station. When I get back, the internet is disconnected. The landlords son said that I am not allowed to use the internet, as my going to the police was "ridiculous".
    16/08/09
    The landlord contacts my partners grandparents to say he is coming down to collect statements from the other tenants about my behaviour.
    17/08/09
    Landlord arrives, me and my partner stay well out of his way, and he... fixes the fence...?
    I decide that everything needs to be in writing as these two seem intent on breaking every rule they can, as such I send a letter asking for the written notice of eviction. 18/08/09. He replies by letter on 21/08/09. the closest part of the letter which refers to eviction says "end of August 2009", no mention of reasons, grounds or sections. Everything is being sent recorded, and I made sure I requested for him to do the same. I also mentioned needing a copy of the T.A. in my first letter, which he ignores. In my second letter I very clearly ask for the terms of the Tenancy, and point out to him that he needed to send a better notice of eviction. My partners exams are in the next few days, the days we have to leave, and I tell him we need the proper notice with actual dates for her extenuating circumstances form. We do, but the terms could be even more useful then that for legal reasons.
    Is that clear? :( the biggest problem is the awkwardness of this landlord, he has done so much wrong that it really gets complicated---- I have still left stuff out!
    Shelter keeps saying we need to qualify for legal aid. My partner is on my, well our, side. Unfortunately she also cant ask the police to investigate the abuse thing-- her- "there have been complaints about my partner abusing me" police- "has he?" her- "no." police- "well that's okay then."
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Irelevant I know, but why do you need to prove you are not abusing your partner?

    What does your partner say about this?

    Is there any hint that the LL's son is trying to get you evicted but have your partner stay? There is something fishy about this whole situation which I don't get.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • Vvalentine
    Vvalentine Posts: 10 Forumite
    edited 30 August 2009 at 5:12PM
    would like to be able to prove it to my partners grandparents. They are really worried, and don't like me anyway :(.
    In the last fortnight or so, i think it was after he collected the statements from the tenants, he called her grandparents saying he was concerned that she was financially supporting me. We were on joint job seekers at the time, and we decided to put all of our money into her account. Not that any of that is his business... there's only one reason for this I can see- perhaps he realised after collecting the statements that what he said was unfounded, and so tried another angle, to break me and my partner up. My partner says, "arggh, let me revise" :) not really allowed to talk to her about this at the moment, but she is supportive of everything i have done. The only time the LL's son has interfered was with the internet. I have my suspicions that he had no idea about the allegations, and thought that I was going to the police becuase of the eviction. He appears to largely stay out of the issue, just passing messages.
    The LL did mention to the grandparents, but never us, that he would accept my partner paying the deposit but I would have to leave.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    So it is about breaking you and your partner up.

    The only advice I can give to you is to leave. Leave, don't look back.

    With such a situation, the LL and son have power through housing over your relationship and there is nothing you can do about it other than remove yourself from their power.

    You need to give your partner space to revise, but equally, she needs to think about moving out if she values the relationship - so if she agrees, plan to move out after her revision, but if she does not agree, move yourself out. Yes, I know that you risk splitting, but if she does not see that what is happening is not sane, she is not meant for you. But do leave her the space to make her own decision.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    Vvalentine wrote: »

    My partner just wants to leave this place

    .

    It seems that OP's partner agrees with you
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • Vvalentine
    Vvalentine Posts: 10 Forumite
    edited 30 August 2009 at 5:55PM
    Would be good advice, but its a bank holiday tomorrow, her exams are the two days after, and we really cant leave in the middle of her exams. we have a new place, but its a letting agent, so we are having to abide very specific rules and haven't been able to negotiate with them to move in earlier. I have said to her that i am intent on suing this guy, and to avoid her being caught up in the stress have suggested to move her asap, and so she can sleep over the new place, but there is going to be no internet etc, and no stuff, because we have SO much to do over the next few days. stupid banks shouldnt have holidays. We are thinking of keeping hold of the keys until he gives us the proper information that we are entitled to. This will stop him arsing around and may end up with him taking me to court, but i am sure that he is going to avoid every proper avenue until the very last second. I think it is absolutely disgusting the way he has gone about it, and I'm not happy with letting him 'win', by getting rid of us.
    In regards to DVardys power sentiment, your right that it is the problem. They think they have power, and will abuse it. The way I see it, I am not living in Germany and in Hitler's house, so in the end the power they wield is illegitimate. They have been letting for 3 years, and no doubt will do so for years to come. The LL wanted a personal vendetta, which he is going to get, but I am also concerned about his future tenants.
    By the way, my career aspiration is to become an Ombudsman, im very hot on the topic of justice, and it seems that so many people have problems with landlords. and everyone says just leave. that just means that the LL wins- they get the rent, they get there next tenant. nothing is achieved by leaving, it just serves to help that tenant in the short term, but what about everyone else?
    When I went to the CAB with a deposit dispute, they had a poster on the wall about the Deposit Protection Schemes. The advisor had no idea about them- I was instructing her on the legislation. She advised just to leave it alone. It's depressing the lack of desire to actually help tenants.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    OK, you have sorted out a new place. They have no more power over you. Hand back the keys, because the karma goes with them and drop the matter, please, otherwise their power will only be detached from their control - its influence will remain attached to you.

    You are angry, understandably. But look after yourself, because it may be providing an easy target on which to hang domestic abuse allegations.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • If i am guilty of doing any thing wrong, then its fair enough. But again and again I see people running away from dealing with these problems rather then fighting for themselves and others. Looking at the way things have gone, I think the LL has given up on the domestic abuse avenue, realising that he jumped the gun on it. But the damage done by the allegations still stands, I can't see my partners grandparents ever accepting me, and they are essentially her parents in that they provide the most support for her. We needed guarentors for the new place, and it was difficult to persuade them as I was still going to be with her. It was very close for us both becoming homeless, and it was all due to lies.
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Thanks for the much clearer timeline of events. I can't understand why the landlord has taken against you, is he known to be a nutter by other tenants? Did you have a row about the deposit protection and say something you shouldn't? I also still don't get why you want an eviction notice, is it to get out of the tenancy agreement which your partner signed?
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
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