CAB Refusing help over Renting problems

N79

f1widow wrote: »

:mad:I see from the general opinion from people who have posted that I was asking for something for nothing or that I did not like the advice I was given - NEITHER ARE TRUE

1)Firstly I was not given any advice by CAB
2)Secondly I have in the past given a donation to the CAB
3)Thirdly I think Shelter are extremely worthwhile organisation who help so much and again I have donated to them - I did not see the sense in ringing them up when they are extremely busy working for homeless people when my questions were actually quite basic
4) No Shelter had not declined to help they had given basic advice on-line & on the phone - they physically could not see my tenancy agreement down the phone and suggested some one sit and look through it - I did not once state that shelter had not offered to help

I had not realised that you are means tested for CAB advice - when in the past you could ring and speak to someone or visit an office.

I thought this was a non judgemental forums - sadly for the first time I was wrong! A lot of people get advice via here which is free - are we supposed to start paying here as well then if advice should not be free.....

I actually do a lot for charity via knitting for soldiers, babies etc - making things to raise money for the elderly and physically donating money to various charities BUT I just dont have the money to speak to a Solicitor especially when I am at present paying for medical treatment etc

Sorry if I have upset sooooooo many people and I will think next time before I dare air a view on line.

PS Before I get accused of abusing free advice Martin Lewis - I really appreciate all that you do for people and MOST of the forums are a great resource and source for many people who for what ever reason cannot find a solution

These forums do not provide advice - see the forum rules.

No-one has judged you - merely tried to explain why the charities can not help you. An alternative view would be that your opening post was very judgemental about the charities.

People here have said that we will provide opinions if you tell us what your problem is. However, when it comes to law, if you want advice and the consequent right to sue for bad advice / professional misconduct then I'm afraid it tends to come with a price tag.

Try us: we may have some ideas for you to follow up? If you don't want any opinons then don't post!

laughingcow81

I notice that the OP has still not actually divulged the tenancy issue they are having, therefore only limited advice can be given.

The trouble is with open forums, such as this, that all sorts of opinions and "advice" can be given which may or may not be liked or adhered to, you just need to sort the wheat from the chaff. And not take things to heart.

RabbitMad

look get a grip and stop acting like a victim. People on this forum have offered to help - post your queries and we'll see what we can do rather than considering complaining to cab or muddling through on your own.

Alternatively do you have legal cover on your home insurance. They might be able to help you. Or does your employer or union offer any kind of advice line (lots of big companies do)

Zelie

There's a recession on love. Charities will be inundated with people in need and will be getting less funding. They can't help everyone. Yes, it used to be great that anyone could go to the CAB but that's not the way it is now, especially not in areas where there is a large population.

So it's time to help yourself. Sit down and write out bullet points of what the problem is, that way you are not going to be flustered or forget things. Then either post that here in a separate thread or take it to a solicitor. Most will give you half an hour for free to see if there is a case and if it would make them money. You'll also get a lot of good information on here and on places like landlordzone. You might also try doing a keyword search on google to see what comes up.

f1widow

Right here goes then my list of issues (I dare not say complaints as someone will think I am being ungrateful)
1) Repair works not carried out
2) Property up for sale - not informed
3) Told yesterday that property sold by the Board man who came to put up board
4) Am being asked to accept people round at any time
5) Tenancy Agreement not being adhered to

My general queries were next February when my notice comes up do I have to give notice from January (I have a child and my husband and I dont want to give 1 months notice in January if we have not found a place to live)

After the first six months we were forced to sign for a further 6 months or leave (I have since been informed that I could just have carried on the periodic tenancy but being aware that the landlord could have served a section 21 notice) and I wanted to verify this with someone.

As the Agents have given some wrong information in the past I wanted to ask what the procedure for asking someone to leave was.

Lets just say forewarned is forearmed. I appreciate that some of that info is extra legal advice but I was not asking CAB for that just general advice - I have also today found out that if the CAB are not trained in housing issues they do have a dedicated line through to SHelter to ask any questions they may have so stating they are not housing trained was not strictly true.

AND MIGHT I ALSO SAY I WAS NOT REALLY ASKED WHAT THE PROBLEMS WERE all I SAID WAS I AM HAVING SOME TENANCY PROBLEMS WITH LANLORD & AGENT
The advice the lady gave was that I had no right to know the house was sold (I might be a little worried that someone has viewed the property without my knowledge though as no one has been to view the property only Agents etc etc etc)

Anyway you lot might think this is nothing but it worries me and I wanted to get it clear in my head.

Thanks

f1widow

I see Im still sounding like a victim - I dont think that at all

In answer to your question - I am not working and my husband has no source of assistance at work - and yes I have asked my insurance company and no it does not cover extra advice like this .


And yes I have asked for advice before on here and the opinions given were helpful but like you say its not always correct etc and I wanted to verify these points as correct

N79

f1widow wrote: »

Right here goes then my list of issues (I dare not say complaints as someone will think I am being ungrateful)

1) Repair works not carried out

Valid complaint (not issue). Have you written to your LL informing them of the repairs that need to be carried? If yes then you need to escalate the issue through the process outlined on the Shelter website. http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

f1widow wrote: »

2) Property up for sale - not informed
3) Told yesterday that property sold by the Board man who came to put up board

While discourteous the LL has the right to sell their property without informing the T until the sale has completed. Obviously your tenancy rights would not be affected - you would just have a new LL.

f1widow wrote: »

4) Am being asked to accept people round at any time

You are entirely within your rights to refuse viewings or to specify say two time periods a week in which viewings are acceptable. Write to the LL stating when you are prepared to accomodate viewings and make it clear that access at any other time is not acceptable.

f1widow wrote: »

5) Tenancy Agreement not being adhered to

To unspecific to be able to offer an opinion. What is not being adhered to?

f1widow wrote: »

My general queries were next February when my notice comes up do I have to give notice from January (I have a child and my husband and I dont want to give 1 months notice in January if we have not found a place to live)

You do not have to give notice if you do not want to move. Your LL will then need to give you notice. Note that even if your LL gives you notice then you do not have to leave until a court orders you to leave which will take 3-6 months after the expirey of the LL's 2 months notice.

f1widow wrote: »

After the first six months we were forced to sign for a further 6 months or leave (I have since been informed that I could just have carried on the periodic tenancy but being aware that the landlord could have served a section 21 notice) and I wanted to verify this with someone.

How were you forced? Were you held at gunpoint? Or did you just no research your options before signing. If the latter then I am afraid there is little you can do - this is a common approach taken by poor agents and LL's but they had no obligation to provide you with advice on your rights and options.

f1widow wrote: »

As the Agents have given some wrong information in the past I wanted to ask what the procedure for asking someone to leave was.

The agents work for the LL and have no obligation to provide you with any advice. Always remember that when dealing with them.

The general process for your LL to gain possession will be via issuing you with a S21 notice. This is 2 months notice that the LL wants possession of the property. The notice can not end before the end of the tenancy's fixed period (in your case the latest 6 month period). After the notice expires the LL can apply to court to have a possession order. This takes 2-4 months, depending on court delays. Note that the court will automatically award possession provided the paperwork is in order - there is no defence. The court will then write to you and give you a day to leave the property. If you still do not leave by that date then the LL will ask the court to evict you. This will take 1-4 months, depending on the baliffs backlog. The baliffs will tell you when they will arrive and if you have not left the property by that day then they will force entry and evict you. At this stage you would be liable for your LL's cost because you would have ignored a court order. I hope this puts your mind at rest that in reality you will have plenty of time to seek new house.

Jowo_2

1) Repair works not carried out

Shelter has comprehensive information how to get landlords to fulfil their obligations, including escalating this to the local council environmental health if its health/safety related and a process whereby the tenant can pay for the repair and deduct it from the rent.

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets

4) Am being asked to accept people round at any time

You are entitled to quiet enjoyment of the property. The landlord and his representatives cannot enter the property unless notice has been given to the tenant and the tenant consents to it. Send a letter to the agency/landlord to ask them not to do this. If they ignore this, Change the lock. Change it back again when you leave.

http://england.shelter.org.uk/legal/glossary_of_legal_terms/glossary_a-z/15

5) Tenancy Agreement not being adhered to

Too vague.

Fire_Fox

All those questions could be answered by you simply searching the board, as they all come up time and time again. With regards repairs you need to put your complaints/ concerns into writing to the landord/ letting agent, if there is no action and the repairs are more than just cosmetic (e.g. health issue) you can contact Environmental Health at your local council and they will act against the landlord.

You do not have to allow any viewings, as you have the right to quiet enjoyment. The landlord or his agents cannot legally enter the property without giving you at least 24 hours notice in writing. However to get the repairs done you might come to an agreement that you allow viewings at certain times of day on certain days of the week. I would again suggest you communicate your wishes in writing to the landord/ letting agent.

All letters should be sent recorded delivery. If you are worried the estate agents will let themselves into the property without your consent you can buy a stick-on PIR burglar alarm which will give them a nice fright!

tek-monkey

f1widow wrote: »

Right here goes then my list of issues (I dare not say complaints as someone will think I am being ungrateful)
1) Repair works not carried out
2) Property up for sale - not informed
3) Told yesterday that property sold by the Board man who came to put up board
4) Am being asked to accept people round at any time
5) Tenancy Agreement not being adhered to

1) Advice already given, but yes they should repair the place.
2) Nothing to do with you.
3) Then you now know, but what the owner does with their property is not legally your right to know as long as your tenancy agreement is adhered to.
4) Who, I thought it had sold? You have a right to quiet enjoyment, just decline.
5) In what way?

From what you've said, its time to move. Generaly you give notice once you have found a place, and it runs for one month from the next day at the start of your tenancy. If you moved in on the 5th of April, any notice you give must be by the 4th of a month. You will be liable until one month after this.