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urgent advice needed please

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  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    Retrospective protection of the deposit is not required for contracts signed before 06 Apr 07 - the expiry of the fixed term in April 07 and transition into a periodic tenancy you mentioned is therefore irrelevant, no DPS is required in that particular instance.

    You think you may have signed a new contract after this date? So have you lost copies of any contracts signed after this date?
  • timmy77
    timmy77 Posts: 11 Forumite
    edited 28 April 2010 at 8:07PM
    Jowo wrote: »
    .

    You think you may have signed a new contract after this date? So have you lost copies of any contracts signed after this date?
    I have been all over the house looking and i only account for the 3 i mentioned earlier,I was going to phone the estate agents tomorrow and ask about the last tenancy i signed and to also ask if the landlord has calmed down and find out if he is going the right way or getting the heavies in,if the heavies are in i will phone police,in fact wont the estate agents force him to go the right way as they are part of the NAEA and NALS
  • tbs624
    tbs624 Posts: 10,816 Forumite
    Don't rely on the LA to help - they are paid by the LL and act for him. Yes, they should advise him appropriately but (a) their own knowledge on LL & T legalities is often lacking and (b) they can't "force" the LL to do anything.

    If you have a LL threatening you (in any circumstances) you should get on the phone to the local Council's Private Sector Rentals office ( Tenancy Relations Officer/LL Liaison Officer)- this is the sort of stuff that they are paid to deal with - tell them that's its urgent, and that your LL is harassing you. They may advise you to lodge a statement with the police but bear in mind that the police can be slow to act in these circumstances. The Councils can, and do, have LLs prosecuted for tenant harassment/illegal eviction.
  • timmy77
    timmy77 Posts: 11 Forumite
    I phoned the EA and the manager who is dealing with this wasnt about i got to phone him back tommorrow,the lady on the other end Knew the procudures that the LL should be taking,hopefully he will listen to them.I got to go up the council officee tommorrow with my TA and Sec21,they will go through it and make sure its all legit.Will inform tommorrow what was said. Timmy
  • Geenie
    Geenie Posts: 1,213 Forumite
    timmy77 wrote: »
    hello,first of all im a tennet ive been renting this property for about 4/5 years i got some what behind on rent,so my land lord/estate agents have issued a section 21 which ran out today.


    How much rent have you got behind on? I am not hearing facts on your part ,but how unreasonable the LL/LA's are being because you haven'y paid rent. Is it a month, two or three?


    You seem to be have been happy to ignore the details of the tenancy agreement for some time.....a legal document....but now are fumbling around to find what you signed and when!


    "Life is difficult. Life is a series of problems. What makes life difficult is that the process of confronting and solving problems is a painful one." M Scott Peck. The Road Less Travelled.
  • timmy77
    timmy77 Posts: 11 Forumite
    Geenie wrote: »
    How much rent have you got behind on? I am not hearing facts on your part ,but how unreasonable the LL/LA's are being because you haven'y paid rent. Is it a month, two or three?


    You seem to be have been happy to ignore the details of the tenancy agreement for some time.....a legal document....but now are fumbling around to find what you signed and when!

    Yes its @3 months in arears,the land lord is in his rights to evict me but not how i mentioned in the OP,thats why i came on here for advice! . Timmy
  • Fire_Fox
    Fire_Fox Posts: 26,026 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    An S21 is a no fault notice to quit, so the landlord is within his rights to evict you regardless of how much you are in arrears and even if you pay them off. You are best off moving, you are risking having legal fees added to your debt.
    Declutterbug-in-progress.⭐️⭐️⭐️ ⭐️⭐️
  • Jowo_2
    Jowo_2 Posts: 8,308 Forumite
    pyueck wrote: »
    You should also get in contact with the council housing officer as they will have obligations to find you accomodation if you are evicted as a result of a posession order.

    A tenant who is legitimately evicted for rent arrears can be considered to have made themselves intentionally homeless and the local council will not have any obligation to assist them. Also, a healthy adult with no dependents is not considered to be in priority need. Here is a fuller explanation of what the council consider before deciding whether or not the applicant will receive assistance.

    http://england.shelter.org.uk/get_advice/homelessness/help_from_the_council/what_the_council_will_check/intentional_homelessness

    If the council accept the S21, then perhaps as its not an S8, they may accept their obligation to assist the OP. My understanding is that some councils can make enquiries with the previous landlord to ascertain the reason why they were served notice.
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