Advice please mystery landlorD?!?

sultry33

hi i saw the address for about 5mins at start of the tenancy as the LL came round late in the evening.. asked me to sign the "so called tenancy " which was one piece of paper.. she then said she was taking it into the council offices the following morning.. i had previously thought that i needed to fill out whole new forms to claim hb but she said as i was in receipt at previous address then it was simply swapped over..
As my local offices is train journey away i agreed would be easier for her to do this.. i had a copy but no address.. but i will double check.

The only other time i had seen the address was on this "possessions order" JUST RECEIVED.
I just want out of this property as its been dodgy from the start.. with me having to call/text not get any response regarding the kitchen issues..top up rent..
I am willing to pay said top up but not to some dodgy guy on the door.. just through a bank, where i would have proof.. as i had been stitched up years ago by a dodgy LL.

Questions i have now are
1. do i include letter to her stating reasons for non payment of top up?even though she is the reason..
2. should i state that i will pay £20 week top up.. plus £50 month of arrears?
but i will only do this via a bank..
3.seek advice from HB anyway in respect of moving..
4.. Does anyone know rough time-scale of court action ie, if she files on the 24th feb.. how long it takes to go to court? how long court will give me to vacate?
appeal process?

I don't want to forewarn her of my argument before a court but also do not want court thinking im non paying..And im quite worried about not having a tenancy agreement too.
Thanks for all your help, it really does help.

clutton_2

if you have received papers from the Court - (rather than a Notice to Quit - Section 21 from LL) - then you MUST reply to those papers saying that you have a defence - otherwise the case will be heard in your absence and LL will win. Your defence is that you tried many times to pay the rent and were not given the proper information to do so. Then write a statement of all the things you have put in this thread, with dates, and full mail boxes, and visits of people you do not know etc etc. Call this statment "Statement of Truth", sign it date it and send it to the court. Also include that you have £x ready to pay into the court - but that you have never received a notification of arrears from the LL till now so have never been given the opportunity to pay off any arrears.

sultry33

thanks, i will sign this letter from LL and return recorded..
then wait for court letter. i will include letter to her stating that i have every intention of paying rent top up.

chappers

You also need to urgently speak to housing benefit and find out what they have paid to your LL and then get your rent down to under 2 months in arrears(to prevent court action). You need to also write to your landlady explaining your position and emphasise so her that you need a more reliable way of keeping in contact as this is the main reason for the situation you are now in. I would also reccomend you speak to someone at shelter or a similar organisation and get some advice with regards to the court proceedure too, they will probably have someone who can attend court with you and speak on your behalf. Use your time now to get all of the things you have mentioned in this topic together and in timeframe order, with as much accuracy as you can. Also ask your LL for a copy of your tennancy agreement if you have lost yours. In future you need to be a bit more careful with your important personal documents as although it is not always essential to have them it makes the whole process a lot easier. I'm not saying you need a complex filling system but if nothing else a single place or box where you keep such correspondance.