Real Disaster Urgent Help Needed

hudson101_2

benjaminwootton wrote: »

I don't understand.

If it's the landlords house, and he wants you to leave, why don't you move out and find somewhere else?

What's the point in all of this drama?

There's no deposit to protect by the sounds of things so that's a non issue.

Thanks benjaminwotton!!!

I appreciate the property belong to LL but it's not me that has made a saga out of this issue. LL is been arsy with me so I'm just going to give as good back about time someone put the shoe on the other foot looking at lots of the posts on here.

My argument is as explained to me by shelter. I had an agreement in place from the 21/03/10-21/11/10 all I am wanting to know is does that make the notice valid or invalid?

hudson101_2

G_M wrote: »

To sum up:
1) You have a very considerate landlord who was sympathetic when you had employment problems, and allowed you to skip a month's rent which he covered from the deposit.
2) Presumably since the deposit was protected, you gave your agreement to the scheme to release the deposit for this purpose.
3) The landlord then gave you further leeway and financial help by not demanding the deposit be replaced (correction landlord has issued several demands for repayment of deposit)
4) The landlord now wishes to end the tenancy, for unknown reasons - perhaps to sell the property or whatever. Not important why, and has given you plenty of notice.
5) You have decided to be confrontational regarding the ending of the tenancy, and want to hang on in there for as long as possible thereby making life hard for this landlord.
6) The police attended an inspection, presumably fearing a breach of the peace, since first you, and presumably subsequently the landlord, contacted them ("I had asked the police earlier to attend as the LL rep is know to be a trouble causer ")
7) You are also now concerned the landlord is not protecting a deposit which he does not hold! (My only concern is that supposedly an AST is required to be protected by a deposit)

My advice is to put your energy into looking for a new place to rent.

Thanks for the advice and it's is appreciated however as stated above I'm not just going to let LL do what ever they want. for too long I have been harrassed etc but that is another saga that is been dealt with thankfully in my favour)

G_M

(correction landlord has issued several demands for repayment of deposit)

Sorry, I must have missed this in your earlier posts. If that is the case, why have you not repaid the deposit as requested?

(My only concern is that supposedly an AST is required to be protected by a deposit)

There is absolutley NO requirement for an AST to be protected by a deposit. Most LLs use common sense and choose to take a deposit from their tenants to protect their investment (a £300,000 property for example), but it is optional.

If a deposit IS taken, however, then that deposit must be protected in a recognised scheme.

LL is been arsy with me so I'm just going to give as good back

Hard to comment as you have given no indication of what the LL has done to be 'arsy'. Frankly from what has been written, it is you that appears as 'arsy', though I accept we do not have the full story here.

hudson101_2

To be honest I was only asking peoples advice on the situation. And several people have been extremly informative and helpful.

I don't want to get to specific regarding previous issues but it basically boiled down to a potential rip off and various attempts to increase rent without using the correct forms

The deposit became an issue when I said that I would prefer the months rent to be taken as a deposit to put back into the scheme (I was been very nice making sure that we were both protecting each other) as I explained to LL it keeps things right and proper. Would also mean if there was a dispute we could refer the matter to arbitration if need be.

Now that to me seems very reasonable but LL never ever used the rent to put back the deposit but has claimed that I am a month behind in my rent.

Jojo1daffy

But if he took a months rent to repay the deposit..then he would be down a months rent...? That really isn't your preference. You should've just paid your rent and repaid the deposit instead of moving money around the shop. Your LL is either down a months rent or down your deposit, either way..he's down.
I would just move mate, think you may have blown your tenancy reference with all this polava.

G_M

Now that to me seems very reasonable but LL never ever used the rent to put back the deposit but has claimed that I am a month behind in my rent.

I really don't understand this - If the LL "used the rent to put back the deposit " then you would be in rent arrears again! Unless you paid double rent. It seems immaterial whether you call it a replacement deposit payment or a rent payment that gets used to put into the deposit, the fact remains you needed to make an extra payment to cover the month when you failed to pay rent.

By your own admission the LL asked for this so I still ask: why did you not pay?

hudson101_2

To make the point a bit clearer

The suggestion was to use the rent to put back the deposit.

Agreed this would then put me 1 month in arrears. I was happy to cover this over two months rent payments net result deposit is back and I'm then clear of my arrears.

to that end really LL should have just let me go into arrears for 1 month without touching the deposit so in effect we are both to blame.

agreed LL was very fair to allow me such grace!! however looking at some posts people are months in arrears and it seems that LL's can be stuck in accepting that problem as it appears that nothing can be done really untill a T is 2 months or 8 weeks in arrears.

Jojo1daffy

The only thing that's becoming clearer to me is the rigmarole that you have to go through nowadays to rent a property with the application, the references, the credit check. Now I know why they do it.

Soot2006

to that end really LL should have just let me go into arrears for 1 month without touching the deposit so in effect we are both to blame.

Teh Wuh?!
Why on earth should LL let you go into arrears. Have you considered that LL might have bills to pay? LL has a business and a contract with you. It comes across that LL was quite flexible in arrangements in order to help you out ... but now you're throwing it back in his face? I've been quiet on this thread so far, but this really takes the biscuit. You say "nothing can be done" until you are 2 months in arrears - what you mean is that you can't be evicted for non-payment until you are in 2 months in arrears ... but a court will still make you liable for your full owed rent. Now your LL doesn't even have a deposit to protect himself from potential damage YOU may cause or future rent you may decide not to pay for whatever reason ... while you're asking for help from us on how to further screw him over? Wonder if there's a matching thread of LLZone with the same title as yours ...

hudson101_2

TUT TUT

well if we all lived in a perfect world and spent less time trying to make a fast buck. If a LL wants to rent a property they should be responsible and it does appear that the vast majority of LL are caring and run things properly.

However like everything else there is always one bad apple in the cart. We have gone of tangent somewhat from original point and it's not an intention to screw anyone over. People at times do fall on hard time like redundancy ill health etc and whilst I appreciate LL may have bills etc that's there concern and should make sure they are covered.

If a LL was as in my case happy to extend help for 1 month by using the deposit then that was something we agreed from what I have learnt from the DPS service once we agree to take back the money from the deposit we are agreeing the Tenancy Agreement has come to an end.

A new agreement therefore has been created by both parties so with respect there in no point jumping on your high horse I am just wanting to get out of this god awful mess. I'm not palnning on screwing anyone over but what I am not going to do is let LL harrass the process at the end of the day the notice has been served I should be allowed to spend the remaining time in peace not be bombarded with requests to show people around or coming to the property uninvited.

So please try offering sensible advice and try not spitting your trill out before you've tasted it.