Landlord issues RE: Cleanliness and rent. (Epic length)

tbs624

In which case involve your local Councillor. Do you know who that is?

tbs624

You do not have to "vacate 15 March 2012"

G_M

WhistleBlower wrote: »

RE: the eviction notice i have got a letter here saying Assured shorthold tennancy: Periodic Tennancy Notice requiring possession.

my name

his name

I give you notice that i require posession of the dwelling house known as [address]

date of expiry

commencing on the 15th january 2012 to vacate 15th march 2012.

Signatures.

The tennancy type is...er..."Assured shorthold" began on 15th feb 2008 and is for 6 months. It's also unfurnished.

If the deposit is not registered, this is invalid. CHECK!

So you had a 6 month fixed term contract in March 2008 and have never signed another tenancy? So you are on a monthly rolling Periodic Tenancy? That is not what you said before.

This is not an eviction notice. It just tells you the LL may choose to evict you after March 1012 (if it is valid at all). He will still need a court possession order.

BitterAndTwisted

What's the heading of that document and what are the grounds quoted? It should say something like "Under Section X under the Landlord and Tenancy Act on Y date

WhistleBlower

G_M wrote: »

If the deposit is not registered, this is invalid. CHECK!

So you had a 6 month fixed term contract in March 2008 and have never signed another tenancy? So you are on a monthly rolling Periodic Tenancy? That is not what you said before. My mistake, i thought i had the tennancy type right.

This is not an eviction notice. It just tells you the LL may choose to evict you after March 1012 (if it is valid at all). He will still need a court possession order.

See, this is why i come to these boards, i am utterly clueless in this situation. I thought that was it, we had to go.

tbs624

BitterAndTwisted wrote: »

What's the heading of that document and what are the grounds quoted? It should say something like "Under Section X under the Landlord and Tenancy Act on Y date

..S.21(4)(a) of the Housing Act 1988

tbs624

Whistleblower - as has already been said, it is vital that you check those three tenancy deposit schemes for the whereabouts of your tenancy deposit - TDS-mydeposits-DPs - it can be done online now.

WhistleBlower

The "Eviction notice" exactly as it arrived:

[Letting agents header]

Housing act 1998, Section 21 (4) (a)
as ammended by the HOUSING ACT 1996

Assured Shorthold Tennancy: Periodic Tennancy

Notice Requiring Posession

(i) Name and address of tennant
To: [My name]
Of: [My Address]

(ii) Name and address of landlord
(note b)
From: [Name]
Of: [Address]

Address of Dwelling

I give you notice that I require posession of the dwelling house known as

[Address]

(iii) see note c
DATE OF EXPIRY
~ Commencing on the 15th january 2012 to vacate 15th march 2012

Signed

Dated

(iv) name and address to be completed when notice is served by agent.

Landlords agent: [Agent name & Adress]

Notes

A. Where assured shorthold tennancy has become periodic tennancy, a court must make order for posession if the landlord has given a notice in writing
B. Where there are joint landlords at least one fo them must give this notice.
C. this notice must expire
(a) on the last day of a period of the tennancy
(b) at least two months after this notice is given
(c) no sooner than the earliest day on which the tennancy could ordinarly be bought to an end by a notice to quit

ruggedtoast

WhistleBlower wrote: »

The "Eviction notice" exactly as it arrived:

[Letting agents header]

Housing act 1998, Section 21 (4) (a)
as ammended by the HOUSING ACT 1996

Assured Shorthold Tennancy: Periodic Tennancy

Notice Requiring Posession

(i) Name and address of tennant
To: [My name]
Of: [My Address]

(ii) Name and address of landlord
(note b)
From: [Name]
Of: [Address]

Address of Dwelling

I give you notice that I require posession of the dwelling house known as

[Address]

(iii) see note c
DATE OF EXPIRY
~ Commencing on the 15th january 2012 to vacate 15th march 2012

Signed

Dated

(iv) name and address to be completed when notice is served by agent.

Landlords agent: [Agent name & Adress]

Notes

A. Where assured shorthold tennancy has become periodic tennancy, a court must make order for posession if the landlord has given a notice in writing
B. Where there are joint landlords at least one fo them must give this notice.
C. this notice must expire
(a) on the last day of a period of the tennancy
(b) at least two months after this notice is given
(c) no sooner than the earliest day on which the tennancy could ordinarly be bought to an end by a notice to quit

A Section 21 is not an eviction notice. That can only be issued by a court and enforced by court appointed bailiffs. He can apply to do this once the S21 has expired.

If you want the council to rehome you it will probably have to get to to this stage. Some people consider thats worth it for the chance of getting a council place.

Nevertheless he does sound like a clueless buy to let chancer so you may want to look at those locks.

thegirlintheattic

WhistleBlower wrote: »

TL;DR: Landlord is evicting us, rent went unpaid for 4 months due to benefit screwup by benefits office, is now being paid. Landlord turns up with no warning, calls me a liar, yells a lot, insults my housekeeping due to presence of some extra furniture in front room, demands i clean the house within one week and get rid of cats (that we have permission for) and makes vague threat of "You'll be seeing a lot of me" until it is clean to his satisfaction. They're coming to inspect next week.

Do i have any recourse in this? My head is so muddled i can't even think right, can he demand i get rid of my pets, and to move stuff around in my home until he likes how it looks? Cos that's what his cleanliness demand ammounts to. Can he just turn up without warning and be so horrible? Do i have to let him in when he does this?

Any advice of any kind is appreciated.

Thank you. Sorry for the length

Perfectly within his rights to evict you, it's not his fault that you can't pay your rent. You do not have to reorganize, clean or get rid of pets until you move out and you also don't have to let him in.