Been served notice from my landlord.

Glass_Half_Empty??

Hi, I have had a row with my estate agents as I have been waiting months for some repairs to be done to the house. The landlord also promised to have the ridiculously high trees surrounding my house chopped down and has done nothing, so when last months rent was due I stopped the standing order and told them to sort out the repairs or I wont pay. Now I know legally I am not entitled to with hold rent but I am seriously at the end of my tether :mad: There is a lot more background to this and the agents refusing to have repairs done while my landlord was in India and would not authorise things done despite live electrical wires being open in my bathroom amongst other things. Anyway I got a letter yesterday saying the landlord demands his money now or else, so I emailed them and asked if they had told him of my concerns regarding the repairs, and whether or not he understood that had these repairs been done then the rent would not be in arrears and I would happily pay the due rent. I went to my front door this morning and one of the staff has selotaped a piece of paper to my front door and hand delivered a notice of possession stating the landlord wants his house back. There is no mention of me being evicted because of not paying the rent nor have they been in touch again saying they want it. There is no court reference on the paperwork either. Looking for a new house now frantically as I only have 2 months to find one.
Is there any way to resolve this now? Any advice appreciated, and I will now need a big lump to move so he will have to wait for his money I know it may seem harsh but he has treated me like crap in the last year so I hold no remorse.

It_can_get_better

First thing is to check the validity of the notice. I'm asuming you have an assured shorthold tenancy.
When did your tenancy begin? (specific dates)
Are you in the fixed term of the tenancy?
When does the notice expire?
How often do you pay rent?
Did you pay a deposit, if you did is it protected and did you receive the prescribed information?

Also, you don't have to leave when the notice states, you are allowed to wait for a court order and then a bailiff warrant, though that will attract extra costs.

With regards to wiholding rent, it's never recommended. Make sure you keep it somewhere safe and don't spend it, you will have to pay it eventually.

G_M

So 3 issues: Rent; Repairs; Notice to quit.

Rent. Simple. You have a contract and have to pay - you are in breach of the tenancy agreement.

Repairs. You say there is "a lot more background " but do not say how you have approached this. Have you reported the repair problems IN WRITING, by letter, to the official address "for the serving of notices" on the landlord? Or have you just been phoning/emailing?

If there is a hazard (bare wires) have you approached the Environmental Health Officer/Private Tenancy Officer/HSE?

Have you considered getting the repairs done yourself and following Shelter's process for deducting from rent? This is a formal process - you cannot simply stop paying rent.

If you don't know the LL's address, have you written to the agent and asked for it? Landlord & Tenant Act 1985

Notice.
What tenancy do you have? AST?
Is this Eng/Wales or Scotland?
Are you in a Fixed Term (dates?), or has it ended and you are on a (monyhly?) Periodic tenancy?
What is the document you have been given? S21?

Glass_Half_Empty??

It_can_get_better wrote: »

First thing is to check the validity of the notice. I'm asuming you have an assured shorthold tenancy.
When did your tenancy begin? (specific dates)
Are you in the fixed term of the tenancy?
When does the notice expire?
How often do you pay rent?
Did you pay a deposit, if you did is it protected and did you receive the prescribed information?

Also, you don't have to leave when the notice states, you are allowed to wait for a court order and then a bailiff warrant, though that will attract extra costs.

With regards to wiholding rent, it's never recommended. Make sure you keep it somewhere safe and don't spend it, you will have to pay it eventually.

6 month tenancy started May last year now on periodic. The notice is just a piece of paper from a computer and at the top says HOUSING ACT 1988 Section 21(4)(a)
Rent is monthly at £495 the deposit was £595 and I did get some info on it being protected but don't really know what it means.
I understand that holding the rent is not legal or the way to go but I am fed up being taken for a mug so I told them to fix the repairs and they can have their rent.

Glass_Half_Empty??

G_M wrote: »

So 3 issues: Rent; Repairs; Notice to quit.

Rent. Simple. You have a contract and have to pay - you are in breach of the tenancy agreement.

Repairs. You say there is "a lot more background " but do not say how you have approached this. Have you reported the repair problems IN WRITING, by letter, to the official address "for the serving of notices" on the landlord? Or have you just been phoning/emailing?

If there is a hazard (bare wires) have you approached the Environmental Health Officer/Private Tenancy Officer/HSE?

Have you considered getting the repairs done yourself and following Shelter's process for deducting from rent? This is a formal process - you cannot simply stop paying rent.

If you don't know the LL's address, have you written to the agent and asked for it? Landlord & Tenant Act 1985

Notice.
What tenancy do you have? AST?
Is this Eng/Wales or Scotland?
Are you in a Fixed Term (dates?), or has it ended and you are on a (monyhly?) Periodic tenancy?
What is the document you have been given? S21?

Thanks for the info on the LL's address on my tenancy agreement it states his address is the estate agent, blowersbrothers nottingham. I may just request it to annoy them.
Rent is to be paid I know that, however now they have put me in to a position where I have to move house and will be using their rent money to move. I live in the perfect location at the moment, unfortunately the lack of support from an office full of idiots only interested in money and not my needs as a tenant, has seen me end up holding the money back as I am sick of their bull! The back ground goes back to the week I moved in when the list of repairs started, I have been in touch with environmental health who have been out and done an inspection. They have gone off to write a report(2 months ago) and I have not heard from them since. I only asked them to look at a few things and he went off with a lot more and said even if the LL serves notice he will still have to carry out the repairs and the other things like working windows and proper smoke alarm system. The electric wires left live and bare in my bathroom took 7 months to replace with a new light, the front porch above my front door fell off when I was on holiday last year and it took them 3 weeks to clear it up despite the rubble and porch itself lying in my doorway they have taken no notice of anything I have reported all in writing since the day I moved in! The LL always says it is not essential so he wont pay, well now I have said it is essential he repairs or I wont pay :mad:

G_M

OK - if you have a Periodic Tenancy then the LL (or his agent) can seek to end the tenancy at any time. No reason is needed.

The process starts with a S21 Notice which you appear to have received.

But to ensure the S21 is valid, please tell us:
* exact dates on your original Fixed Term tenancy (start and end)
* date the S21 was served on you
* dates written on the S21 notice
* whether you paid a deposit
* if deposit paid, whether it is registered in a scheme. Which one?
* whether you were given the schemes details.

This post tells you more about ending a tenancy, S21, etc

DVardysShadow

Glass_Half_Empty?? wrote: »

I went to my front door this morning and one of the staff has selotaped a piece of paper to my front door and hand delivered a notice of possession stating the landlord wants his house back.

Just a piece of paper or did it say anything?

Werdnal

Even if the S21 you have received is correctly written and served, then it does not mean you have to move out in 2 months time! The notice is notice the LL is seeking possession, and to gain possession, he will need to apply to court to get the tenancy ended. This can take abother 6-8 weeks on top of the 2 month the notice has to run.

However, 2 wrongs don't make a right, and withholding rent has not done you any favours. If EHO have been out and made a report, contact them again and request a copy, and ask whether they can follow up the repairs noted to enforce the LL to act.

Unfortunately, there are a small minority of LLs who take exception to being asked to carry out repairs, and will issue notice to tenants who pester them and get EHO involved, even though they have an obligation to comply. Sadly, withholding your rent has confounded this issue further, and the S21 is a result. I would expect the LL will follow through with the notice and apply to court, so you have nothing to lose by chasing up the EHO now, but probably nothing to gain!

I cannot condone your LL's laxity, but don't condone you not paying either!