Rented flat sold with vacant possession.

N79

Zorz wrote: »

I don't know, I think I need to cover all my bases as I don't want to give them any ammunition against me.

You are right, I have the LL's address for s47 and the agent's for s48. The alleged end of the s21 notice is this week. This won't be fun, I reckon...

Are you sure the notice was sent second class (rather than reduced price first class franking which often looks like a similar price to second class when printed in envelopes)?

Zorz_2

N79 wrote: »

Are you sure the notice was sent second class (rather than reduced price first class franking which often looks like a similar price to second class when printed in envelopes)?

Yes, the agent didn't use a franking machine. The envelope just has a regular 2nd class stamp, like that.

N79

In which case the notice has not been served as the rules for service of notices allow 1st class mail but exclude second class mail as an allowed means for service. There is thus no presumption of service for the section 21 notice.

Therefore you don't have to mess around as advised above with pretending to have not received the notice (a bad plan, by the way, if you lie in court) - the notice is simply invalid based on a legal technicality and can not be used to support an eviction.

Zorz_2

I didn't really intent to lie anyway, let alone perjure myself in court!

The requirement that a notice cannot be sent by 2nd class mail is news to me. Where did you get that?

Anyway, this may be a moot point, because even if the notice had been served correctly, the LL would still have to apply to court for possesion to end the tenancy and have me out.

What I got instead, is a phone call earlier today by the new LL. He told me that they have already completed the sale so he is the new LL and that he's bringing builders next Monday to start renovating the place, who will disconnect the water and gas supplies in the process! :eek:

RAS

Tenancy relation officer and Shelter urgently.

This is a scam designed to make the place uninhabitable.

Have you changed the locks.

roger196

You should contact the local police station for advice on the situation. Take with you the relevant sections from the Protection from Eviction Act and Harrisment Act ( you will need to check what the correct titles are and whether the police are the enforcing authority). They often try to fob you off so their crime statistics look good.

Have a read of this leaflet for advise.
http://www.communities.gov.uk/publications/housing/mylandlordwants

( hope this has copied ok, but you have enough of the title to find it)

N79

Zorz wrote: »

The requirement that a notice cannot be sent by 2nd class mail is news to me. Where did you get that?

Part 6 of the civil procedures.

Zorz wrote: »

Anyway, this may be a moot point, because even if the notice had been served correctly, the LL would still have to apply to court for possesion to end the tenancy and have me out.

Indeed - but then you would be liable for LL's costs. Since the notice is invalid, LL application for possession will fail and you will have no court costs (and extra time to find a new flat).

Zorz wrote: »

What I got instead, is a phone call earlier today by the new LL. He told me that they have already completed the sale so he is the new LL and that he's bringing builders next Monday to start renovating the place, who will disconnect the water and gas supplies in the process! :eek:

This would be a criminal offence, as pointed out above. However, you will probably struggle to get the police interested so you need to contact your Council TRO for assistance.

Zorz_2

Thanks for your answers. I didn't have time today to contact the Council due to work, but first thing tomorrow morning I'm going there.

He called me again this afternoon, to tell me about my deposit, and also repeated that the construction crew is coming on Monday morning, "since my tenancy has ended now". He doesn't seen to understand the concept that a tenancy doesn't end by the expiry of the notice! It seems that he doesn't understand anything about tenancy law, he was told probably by the previous owner that I was served notice so I must be out by now (the other remaining tenant moves out at the end of this week), the previous owner of course was equally ignorant of the law and presumably unaware that the agent didn't serve the notice correctly...

I tried to explain that, but I want to avoid confrontation if possible, it is not my job to teach them about their legal compliance, I can't do this over the phone while waiting for a train at bloody Balham (no offence to Balham and its residents!), I have an important job interview this week and the last thing I needed now was this! :mad::mad::mad:

Zorz_2

Quick update:

Early this morning, I tried to call the Housing Advice Service number of the council, several times, but all I got a message that the number is not recognised. So I went to the council's offices and asked at the reception for the Tenancy Relations Officer.

I got to see a "Housing Advisor" on the ground floor, I explained her the situation. She disagreed with me about the s21 notice and said that it was valid. This, even though that I tried to explain that I received it a day late, when a new tenancy period had already began, and about the Civil Procedure Rules but she didn't listen.

At least, we agreed that even if the notice had been served correctly and now expired, the new LL would still have to evict me thru the courts and not start works in the flat while I'm still here. She wrote a letter for me to show to the new LL, emphasizing that it is a criminal offence if he tries to illegally evict me. But, she also wrote "I must inform you that even though you have served your tenant a valid notice, Your tenant alleges that you want to renovate the flat whilst he's living there".

This is wrong!

I called again the Housing Advice Service while I was still at the building, same problem with their phone number. I called the council's Unlawful disconnections department, they told me they don't deal with illegal evictions, transferred my call to the relevant department but I got the same recorded message and the line hang up immediately. Finally, I called thru the main switchboard, but the operator told me that the department members are in a meeting until 12:30, so I'll have to wait until then to call them.

I returned home to wait, and I got this cheeky email by the agent:

We have this morning been notified via phone call from {new LL}, the new owner of the residential property known as {address of the flat} that you have not given up possession of the accommodation, 24 hours after the expiration date being 24 Jul 2012 and over which statutory section 21(4)a notice was served to you and dated 22 May 2012, which allowed two months notice for you to find alternative accommodation.

Please note that effective from 25 July 2012, {new LL} is entitled to the full value of one month's rent due 25 Jul - 24 Aug 2012 for {rent amount}.
{new LL} is also entitled to apply to the county court to regain possession of his property. Please note, you will be liable for all his costs.

Well, the rent is waiting on my bank account, but is not going anywhere until I got proper notice of the new LL's address as per s47 and s48. But I won't do their job for them and point out that.

Now waiting until 12:30...:mad:

Zorz_2

Things have escalated now.

I reached a dead end at the council, they don't get my position on the validity of the s21 notice. For that I need a solicitor.

At least I got the letter clearly stating that any attempts to disconnect services is an illegal eviction attempt.

This evening, the new landlord passed a note under the door. It has his name and business address (does that count for s47 and s48 and so the rent is due now, or it needs to be stated explicitly?). It says:

"I hereby give notice that the water supply to {my address} will be turned off until further notice on Saturday 25th July, due to a leak which has caused major damage to the properties below."

Now, a quick recap:
Indeed there was a water leak, which I found out and duly reported to the agent in late May. He ignored my report, I repeated again and again.

In the meantime, someone from the freeholder company visited and I took the opportunity to tell them about the leak (and showed them too!) and that LL1 refuses to repair it.
Also, the leak got so bad that it reached the flat downstairs, their LA knocked on my door to complain. I showed them the leak, told them that I had reported it a long time ago and passed our LA details for him to contact.

Eventually, around late June the then owner (lets call him LL1) called me on the phone and asked me if he could pass my number to the plumber so I can arrange an appointment for him (the plumber) to come and fix it. I agreed, and this is how I got introduced to the new landlord (LL2). He called me, we arranged a time for me to be at home and eventually he brought a plumber who fixed the leak. This was in late June.

Fast forward to last week, when the agent of LL1 emails me and asks to confirm that the leak had been fixed. I replied that indeed it was fixed.

And now, we got that notice. All of them know that the leak stopped, especially LL2 (since he's the one who brought the plumber!). But now, LL2 uses this as an excuse in order to cut the water.

I need a really good housing solicitor in London, who is with Legal Aid, ASAP! :eek::mad: