Seeking Possesion Notice Advice PLS.

kev1n3

squinty wrote: »

Yes - and as soon as possible.

Something along the lines of "I have recently recieved a notice of seeking possession. This contains allegations against me that I refute. However, the information within the notice is not specific - I would appreciate if you couuld provide me with details of when I have supposedly breached the conditions of my tenancy. I hope there is no need to take further action, but I may need this information to consider any defence

Specifically please can you let me know the dates and times of when these events have supposedly happened and how they have had a detrimental impact on my neighbours.

Please provide this information in writing. However I would appreciate the opportunity to dicusss these allegations with a member of staff. I do work until xxpm, but would appreciate a visit after this time"

On a different note - that notice is a mess - the final page is just an extract from your tenancy agreement and not particulars of how the tenancy has supposedly been breached. Use of ground 2 seems OTT for the details you have posted here.

However, be aware that this is probably a genuine effort from the landlord to resolve an issue where they have received complaints. There is so much pressure put onto councils (especially following the Pilkington case) that they do need to be seen to be taking some action. Hopefully this can be resolved with a chat - but do confirm in writing.

Thank you so much for the advice. Its all seem so intimidating when dealing with such powerful bodies as Local Government. I was thinking i should just ignore the notice and carry on with life as normal but its now abvious i must get this sorted.

Hope you don't mind but i have copied and pasted most of your suggested txt and sent via email to the issuing officer. Hopefully she will respond quite quickly. Do you know if they have to give the requested info?

The more i think about this situation - the more obsured and shocking i find it

Once again - thank you

kev1n3

princeofpounds wrote: »

I think the idea is that the notice has no force unless it is followed by court proceedings. So although it sounds very final and aggressive it doesn't really mean much in itslf. Of course there should be an investigation before such things are sent out, but often things just aren't done properly.

I am sure an investigation would have cleared this whole matter up long before the Notice stage. This is one of thoes cases whereby when things are not done properly people suffer. More accountability and less Gun-Ho is what is needed...

Thanks for your post

squinty

kev1n3 wrote: »

. Do you know if they have to give the requested info?

If the Council are thinking of taking action, which could result in you losing your home you have every right to know what you are being accusssed of. If they do not provide this in a reasonable time, them you may want to consider escalating this through their complaints procedure - details should be on their website.

At this stage it could be anything, it could be mistaken identity, it could be a malicious neighbour, or it could be that you are inadvertantly doing something that does upset your neighbours (and be knowing what this is you could stop this)

Councils sometimes issue notices as 'yellow cards' a serious warning but you cannot be evicted without the agreement of the court. By contacting the council in this way you are demonstrating that you are taking this seriously and trying to bring this to an end - the danger is if you ignore a notice the council may think that you do not really care about the consequences.

Good luck

kev1n3

squinty wrote: »

By contacting the council in this way you are demonstrating that you are taking this seriously and trying to bring this to an end - the danger is if you ignore a notice the council may think that you do not really care about the consequences.

My thoughts exactly.


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BitterAndTwisted

I would suggest that communicating by email with the council in this instance could be a mistake: emails can be ignored or received into a mailbox which is not checked frequently. Also you can't waive a "read receipt" about in court should it come to that. I would suggest in the strongest terms possible that you re-write your missive and send it by Recorded Delivery, keeping a copy for your own records.

eileenfromplaistow

Have read this with interest. I wonder if it is worth having a word with your local councillor, especially with local elections (here at least) coming up? Plus of course the excellent advice already given!

Fire_Fox

Another vote for communicating only in writing by recorded delivery: this notice is a legal document, e-mail is only semi-formal and suited to raising queries not formal disputes.

kev1n3

[FONT=&quot]Firstly let me say a big thank you to you all for the excellent advice and understanding of this situation. I have taken on-board all advice you have all given. [/FONT]

[FONT=&quot]UPDATE to the email i sent yesterday[/FONT]

[FONT=&quot]The issuing officer has replied and reads like they do not want to give any information. They say i know enough to be warned and if the matter progressed to a court hearing evidence would need to be produced as per County Court rules to allow me to prepare a defence. She ended her email saying she will meet me to discuss but has no further information for me.. A bit pointless then eh?[/FONT]


[FONT=&quot]So far they have me by the ‘do-do’s and feel I’m quickly losing control of my future. Something isn’t ringing right - Why on earth would the council want to be so stubborn? It doesn’t make sense ( to me) to withhold information that could possibly shed a clearer light. If they have received a number of complaints over a period of time why have they allowed to continue until now? Many questions - NO answers. I beginning to smell a Rat [/FONT]

[FONT=&quot]I feel i should push them further for my own sake. [/FONT][FONT=&quot]Any idea’s of what i should be doing to force them to work with me to resolve this terrible mess?

Thanks.


[/FONT]

iB1

On page 3 of your scanned in document, it mentions, as well as the allegation of propping open the security doors, that you've behaved in a "confrontational and aggressive manner" to other residents/visitors and have hurled abuse in communal areas.

Have you had any verbal confrontations with the alkie, or any other residents/visitors in your block?

kev1n3

eileenfromplaistow wrote: »

Have read this with interest. I wonder if it is worth having a word with your local councillor, especially with local elections (here at least) coming up? Plus of course the excellent advice already given!

[FONT=&quot]Thank you for your post. I have made contact with a Councillor but haven’t heard back from him yet. I think 'all eyes are on deck' at the min with the Elections. Hopefully i will hear back from him soon. [/FONT]