Rented flat sold with vacant possession.

DVardysShadow

N79 wrote: »

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.

N79, not doubting you here - I would be grateful for you explanation of how Part 6 CPR applies to the delivery of a S21 notice which is actually defined by the Housing Act 1988.

I am thinking that this might illuminate the whole topic of giving notices.

casperlarue

bump....just wondering if there's any update from the OP?

Zorz_2

The current landlord (LL2) didn't turn off the water so far. The other tenant moved out and took the (communal) washing machine too, telling that LL1 allowed it! LL2 came to inspect and saw that, so I won't get blamed for theft or anything. But now I have to go to a laundromat or something...

I did some extra digging, and turns out that the deposit I paid is no longer protected. I called the deposit scheme's helpline and they confirmed to me that the certificate I was given is no longer valid, as the LL details have changed. LL1 needs to give it to LL2 in order to reprotect it. Right now, the agent of LL1 keeps it (it's an insurance type scheme) and claims that it is protected with them.

This makes things more interesting. When the s21 was issued, the deposit was protected. So, if LL2 applies to court for possesion, the deposit won't be protected at the time (unless something changes)...

Zorz_2

HELP!

Today at 8am, the construction crew came in the house and started demolishing everything! I quickly took all of my stuff from the kitchen and the bathroom, hid them in my room, locked and left.

I returned a few minutes ago, they have already left but they destroyed everything apart from my room! They removed all the other internal doors, the floorboards, the kitchen is all gone now. No tap, no sink, no cupboards, nothing except loose pipes and gaping holes in the floor. Fridge and freezer moved to another room and unplugged, my food is soiled now. The same in the bathroom, washbasin and taps are gone, so is the bathtub. They removed the boiler, wrecked all the power sockets and disconnected the electricity in all of the flat.

Tomorrow morning I'll go to the council and hell will break loose! Should I call 101 or the police will fob me off saying "This is a civil issue"?
:mad::mad::mad:

bitsandpieces

Zorz wrote: »

Tomorrow morning I'll go to the council and hell will break loose! Should I call 101 or the police will fob me off saying "This is a civil issue"?

There's one easy way to find out, I'd say... Be prepared to argue that there has been a breach of criminal law. Even if they fob you off, keep a record of the call - and then at least you'll have a paper trail of having reported this.

Outrageous behaviour from the landlord.

Zorz_2

Thanks.

I called 101, explained them the situation and quoted specifically that this is a criminal offense under the Protection from Eviction Act 1977, so the operator didn't argue with me. I got an appointment at 10am tomorrow, the council's Envrionmental Health opens at 8:30, so I'll get them involved as well.

I'll throw the book at those #@%$%#^^#$%~ :mad:

Should I keep the door locked from inside and wait for the police tomorrow? They have keys, but I can keep the latch closed. And obviously, if they try to force their way in, I'll call 999.

Yorkie1

How awful for you.

I doubt they're going to come back in tonight. If the place is safe (i.e. not likely to fall down around you) then I'd probably stay put. If you leave, you run the risk of not being able to get back in. You are also on the spot tomorrow morning if anything else happens and you can dial 999.

I haven't re-read all of your thread, but have you spoken to the council's tenancy relation officer? It is usually they who prosecute tenancy offences.

SavvyStudentSaver

I'm a little surprised to see it hasn't been suggested already, but you can always change the barrel of your lock, so the LL doesn't have keys. So long as no damage is caused in doing so, and the original barrel is replaced when you move out, then you've done nothing wrong, regardless of whatever this ignorant twit thinks. Not as much use now, but if you think there's any possibility that the builders coming back and starting on your room too, it may be worth it.

Zorz_2

No, I don't expect them to come again tonight. So far, they haven't done any structural damage (apart from some holes in the floor). I have my bed and a toilet, that will have to do for tonight.

@ Yorkie1, I went to the council. They have some housing advisors on the ground floor and they gave me a letter for the LL2 warning that what he was trying to do is illegal.

@ SavvyStudentSaver: My concern is that I rent just a room and not the whole property (HMO etc). I have replaced the lock in my room but not on the front door. Around 3 months ago, the other tenant felt intimidated by LL1 and bought a replacement lock for the front door (a secondary lock that was left unused, not the main one) to have this for safety. We all chipped in, and when she was about to leave I asked her to leave me the keys to that lock. She agreed, but it was a lie. On the day she moved out, she put the old useless one back in and took the new with her.
Right now, I only have 1 lock (that the LL doesn't have keys for) but it is in my room's door. If I swap it with the one on the front door, I'll deny them access to the whole flat but my room will be effectively open.

Yorkie1

I don't think I'd risk blotting my copybook / complicating my situation by changing the lock on the front door, as the LL has the right of access to the communal areas.

Good luck tomorrow morning, OP. Make sure you get onto the TRO pronto.