Please help scared for my girlfriend =(

dannib898

Hello to everyone im new to this forum The problem is my girlfriend and 5 year old daughter live in a flat local to me "i see them on weekends" and it all started last Christmas when there boiler stopped working on around 15Th December "It Was freezing!" anyway she called her lanlord he came out a few hours later had a play with it "he is not corgi registered" then it started working for a day then stopped ! this happened a few times then he started getting annoyed all because he wouldn't put his hand in his pocket! so eventually he did and his "friend" came to look at it and he said he needed a part and couldn't get it for 3 weeks! so they went without heating for 3 weeks! so after Christmas it was fixed then in her daughters bedroom there was a leak from upstairs "down to his broken washing machine that he left for tennent!" which was moving down the walls over the sockets e.t.c! so he came out looked at it and that was it its now turning into damp

Then! one morning last month i walked into her 5 year old daughters bedroom and there was water leaking out of her live light fitting on the roof ! so i took her daughter out in case she tried to turn the light on!! we tried to ring the landlord he didn't pick up all day! so my girlfriend rang the council for advice they put her through to environmental health and they dealt with it . The landlord was not happy calling her kicking off then her lanlord came round to inspect the leak and just had a go at her for calling them instead of actually inspecting the leak! I stepped in and he started on me in front or her 5 year old daughter telling me to get outside "i didnt retaliate" so he is saying she has 2 weeks to get out or he is taking her stuff ! we all know he cant do this its a 2month notice! so now he keeps saying he has posted her notice and he obviously hasn't so today he handed her the notice and it is dated from the day they apparently posted it! thats not fair surely ? so now she has just over 1 month not 2?! also they have just sat and typed the notice out on there computer "no solicitor present/signature" is this legal? Do they need to apply for an eviction notice from the court? which will take another month?

my girlfriend has not paid her top up rent "£75 a month" for 2 month because her landlady wouldnt give her a notice , She payes top up because the council pay the rest of her rent and she payes the £75 extra a month. Where does she stand ? How long does she have legally? Please help me im worried for her and her child =( I Rent a room at my dads there isnt enough room for her and her child , Im very worried because the lanlord has been threatening her also.

RAS

Can you edit the post and take the bold off?

And add a few paragraph breaks to help people read?

BigAunty

Go the Shelter website or call them. They will explain her rights and the landlord's responsibility, plus it contains full information on how a legal notice/eviction process should work and how to deal with landlord harassment.

Rent arrears are a serious issue and there are few grounds to withold rent and the reason you state is not one of them.

Tenants who receive housing benefit frequently find it difficult to find onward accommodation and some approach the local council under threat of homelessness. If you read the Shelter website's section on 'homelessness' and how the local council deal with applications, they can sometimes refuse to help some people if they believe they have made themselves intentionally homeless, for example, by not paying their rent.

Shelter will provide you with free expert help on all aspects of the tenancy issues.

LADYXXMACBETH

Ring Shelter for advice or ask her to go to the council and see a homelessness worker. They can give her advice.

dannib898

BigAunty wrote: »

Go the Shelter website or call them. They will explain her rights and the landlord's responsibility, plus it contains full information on how a legal notice/eviction process should work and how to deal with landlord harassment.

Rent arrears are a serious issue and there are few grounds to withold rent and the reason you state is not one of them.

Tenants who receive housing benefit frequently find it difficult to find onward accommodation and some approach the local council under threat of homelessness. If you read the Shelter website's section on 'homelessness' and how the local council deal with applications, they can sometimes refuse to help some people if they believe they have made themselves intentionally homeless, for example, by not paying their rent.


Shelter will provide you with free expert help on all aspects of the tenancy issues.

Thanks For your advice however she received her notice before she stopped paying her rent. Is this any different?

BitterAndTwisted

Eviction in retaliation for reporting and complaining about entirely reasonable repairs issues.


Regardless of this alleged one month's notice the landlord can only evict once a court has granted possession based on serving a valid Section 21 Notice.

If she doesn't pay the rent top-up he can attempt to repo by serving a Section 8 Notice based on a number of grounds but it's still only a court which can grant possession.

What's more worrying is the implied or actual threats that have been made. If she's truly worried that he will attempt to forcefully evict her she or you should change the BARREL of the lock on front and back doors to prevent him entering without permission.

Does your Local Authority have a Tenancy Relations Officer or similar? If not, CAB or Shelter as a matter of urgency

dannib898

Ill get her to contact shelter thanks for your advice . Does anyone know if they need to apply for a eviction notice through the court?

BitterAndTwisted

Yes, the landlord will have to apply to the court in order to gain possession of the property. Courts are quite busy these days so it could take a couple of months before a court-date is set. That's assuming his notice is accepted as validly served and that's open to question

dannib898

BitterAndTwisted wrote: »

Eviction in retaliation for reporting and complaining about entirely reasonable repairs issues.


Regardless of this alleged one month's notice the landlord can only evict once a court has granted possession based on serving a valid Section 21 Notice.

If she doesn't pay the rent top-up he can attempt to repo by serving a Section 8 Notice based on a number of grounds but it's still only a court which can grant possession.

What's more worrying is the implied or actual threats that have been made. If she's truly worried that he will attempt to forcefully evict her she or you should change the BARREL of the lock on front and back doors to prevent him entering without permission.

Does your Local Authority have a Tenancy Relations Officer or similar? If not, CAB or Shelter as a matter of urgency

This is very good advice thank you.

BigAunty

dannib898 wrote: »

Thanks For your advice however she received her notice before she stopped paying her rent. Is this any different?

There is a contractual obligation to pay full rent when it is due, full stop. Disputes relating to the tenancy are not grounds to withhold rent. There are pretty limited ways to legitimately withold rent and this isn't one of them. The only grounds I am aware of is when the tenant has got permission or has given formal notice that they are paying for repair costs themselves and are reducing their rent by this sum, for example.

EDIT - your landlord sounds a complete nightmare. There are formal ways to serve notice and it doesn't sound like he is following them.

As far as I know, A landlord doesn't have to 'prove' in court that his tenant has received the notice, such as a signature via signed for delivery or handing it to them in person, as many tenants would refuse to cooperate this way. I believe the court would expect him to prove that he has sent it, such as a witness, proof of posting or similar. Hopefully other posters can answer that query.

dannib898

BitterAndTwisted wrote: »

Yes, the landlord will have to apply to the court in order to gain possession of the property. Courts are quite busy these days so it could take a couple of months before a court-date is set. That's assuming his notice is accepted as validly served and that's open to question

That's exactly what i thought just wanted to make sure thanks