Help/Advice needed regarding sudden 'Notice To Quit' without warning etc

All_That_Glitters_2

benoit wrote: »

Notice to quit is just a formality the council have to go through if they believe you are not residing at the property, it has to be done properly. All it takes is an allegation from a neighbour & they serve the notice as a matter of course, you then need to contact them to find out why they have served the notice. It doesn't necessarily mean they are throwing you out full stop so you need to discuss it with your housing officer to find out what is going on.

It's not personal - anyone can get one, unfortunately your personal & emotional issues don't influence when or how it is issued. As others have said you could look at this as a blessing to get away from this neighbour but you could also use it to your advantage by telling the council that you were too scared to stay there by yourself because of the severe bullying & harassment your neighbour is subjecting you to.

You never know, it might just be what you needed to get something done about her unacceptable behaviour. I think you may have unwittingly allowed yourself to be drawn in to her games by reducing yourself to her level by sticking notes up, try and avoid anything like that because it will only prolong the hostility & look like you are retaliating.

Thank you so much for taking the time to reply. I really truly appreciate it and everything you said makes perfect sense.

I'm going with my boyfriend to see a solicitor and get help with this as I have been advised not to contact the Council/Housing officer as the Solicitor will do all that for me.

It's just so much stress right now and I'm trying not to let it get me down. I'm so lucky to have such a wonderfully supportive boyfriend, family and friends around me right now. With my Mother currently in hospital it's been tough as I don't want to mention this to her to worry or stress her out but at the same time I wish I could confide in her however this isn't an option as her health is far more important to me and focusing on looking after my handicapped brother with my Dad whilst Mum is in hospital.

I am going to make a full complaint about the council's lack of help with the nuisance neighbour and also about the neighbour herself too. It would have been her that instigated this and the sly glare and smirk she gave me the other day kind of said it all. I know she did something similar to the girl who lived there before, which is why she also left.

Either way, I'm so pleased I'm leaving. If I see her again I'll tell her she did me a favour because I couldn't stand another day more living next to her spineless and evil intentions.

Thanks so much for your advice and the time you took to reply.

All_That_Glitters_2

DVardysShadow wrote: »

Quick observation. I would have thought that there would be a procedure to appeal against Notice to Quit on these grounds - or there would have been an accusation with a chance for you to put a defence. So, have you missed any post? Has your post been tampered with?

Suggest you check with the Landlord.

Yeah, exactly. No other warnings or post. No calls etc. You would think, if the allegations like that were true about someone, the council would rather save money and arrange to meet with the tenant and rectify any problems they believe are existing rather than take legal action, which costs them money and could ultimately lead to someone being without a home. The whole thing makes no sense.

Either way, anyone of logical mind should have contacted me before to make me aware this was a concern of theirs and then things could have been clarified and rectified rather than taking the word of a nuisance neighbour and serve a 'Notice To Quit'. The whole thing is so backward and stupid.

Thanks for replying.

clutton_2

if you are in receipt of housing benefit you must live in the property. If the council has issued you with a Section 21 notice - you probably have no defence..... the court will rule in the councils favour..

i also agree that others that you need to move on and live somewhere different... start looking now....

b w

Jowo_2

Clutton, if the grounds for the notice are baseless and the tenant has a secure (assured) tenancy, then I can't see how the council could succeed with the eviction.

They would need to provide evidence at the court hearing that it isn't the OPs primary residence and since she is adamant that it is, how can they possibly convince the judge that she doesn't live there?

clutton_2

jojwo - do different rules apply to council/HA tenants with regard to a Section 21 notice then ?

a Section 21 does not need a reason.. simply that the landlord wants the property back...

are you saying that HAs are not subject to the same tenancy laws as private landlords ?

HB regs clearly state that to be eligible for LHA then tenants must live in the property which LHA is paid for ... i have had tenants instructed that they cannot sleep anywhere else for more than 2 nights a week unless they are on annual holiday....

altho how they can afford holidays is beyond me......

mrsormrod

I have had a notice to quit from my council before now. they were accusing me of not living there. I called them up and they sent someone round to my house to check. she walked through the door saw i had furniture in the house (only looked in the reception room) and said she could clearly see that i was living there and that was the end of that.
Give them a call on monday. x

squinty

clutton wrote: »

do different rules apply to council/HA tenants with regard to a Section 21 notice then ?

a Section 21 does not need a reason.. simply that the landlord wants the property back...

are you saying that HAs are not subject to the same tenancy laws as private landlords ?

Section 21 does NOT apply to secure tenancies.

OP. In most circumstances a council will only serve a Notice to Quit when they have made enquiries witht he neighbours etc, and they are sure that the tenant is not living in the porperty.

If you have been living there you have nothing to worry about. Phone the council as soon as possible on Monday and speak to your Housing Officer. Tell them about your issues with the neighbour.

Good luck

redcar_2

You've obviously been too quiet!! Maybe its time to stop that tactic. :cool:

I am sure there is some good revenge you could have in terms of being noisy enough that your neighbours are very very sure you are there!

However I would agree with above and see if you can use it as an opportunity to move away from the NFH.

With the door issue why don't you just shut it when you go past?

Then just enjoy lots of leaving parties! )

clutton_2

thanks squinty... didn't know that

All_That_Glitters_2

mrsormrod wrote: »

I have had a notice to quit from my council before now. they were accusing me of not living there. I called them up and they sent someone round to my house to check. she walked through the door saw i had furniture in the house (only looked in the reception room) and said she could clearly see that i was living there and that was the end of that.
Give them a call on monday. x

Thanks sweetheart, good plan!! :T