LandLord just gave me notice.

Pixie5740

Deleted_User wrote: »

To be honest, I have been reading a lot lately and I am confused about the S21 as apparently it doesn't need to be a form but just a letter. The LL sent me a letter (notice to quit premisses) , saying the he is giving me two months notice that my tenancy will cease on the 15/2/15 (he called me on the 15/12/14 but letter arrived today 18/12/14). Then he says that the notice is given in excess of the statutory period for notification required under House act 1988.
The letter is signed and dated 15/12/14.
Can't see the stamp properly but I think it was sent out on 16/12/14, 1st class.

It doesn't matter which date the LL phoned you on, or which date he has written on the letter or which date he posted it. The important date is the date notice was served i.e. When you received it. You received it on 18th December so that's when it was served. Courts consider 1st class post served 2 working days after posting so if he posted it on the 16th and you received it on the 18th that would tally.

The council are supposed to help re-house you before it gets to court so go back to the council and put a rocket up their backside.

Did you manage to speak with someone at Shelter?

jjlandlord

The important date is the date it was posted.

Indeed, as said, deemed date of service is 2 working days after it was posted 1st class.
So that is the date of service even if you in fact only received the letter 2 weeks later.

TBeckett100

Pixie5740 wrote: »

Why can't the LL issue a Section 21 properly and give the correct notice? It's not the OP's fault that this LL didn't do his homework properly before becoming a LL. It is not the OP's fault that the LL can't issue a Section 21 correctly. Nor is it the OP's fault that the LL didn't protect the deposit.

Besides its the T's property during a tenancy not the LL's.

The LL has given two months notice we read later. Just because it isn't S21 doesn't morally change the fact the guy wants to give 2 months notice

If you don't purchase a family home, one should expect to not have the security

This site seems to be about people having sod all and expecting to be spoon fed their entire lives. A rental isn't a right to live somewhere your entire life. Sounds as though the LL could have made the tenant pay renewal fees every year. Least tenant could do is be more respectful to the person who has provided a roof

SeduLOUs

TBeckett100 wrote: »

If you don't purchase a family home, one should expect to not have the security

When someone signs a legally binding lease and pays the required sums of money to reside in a property then they should absolutely expect to have the security afforded by that lease, including the right to have the deposit they have paid appropriately protected, and to be given proper notice as per the law when the landlord decides they want the property back.

If the landlord doesn't know his legal obligations and hasn't performed them properly, that's nobody's fault but his own.

How morally wrong of the OP to not ignore the landlords mistakes and deliberately make herself homeless, preventing herself from getting the housing help that she clearly needs!

topdaddy_2

TBeckett100 wrote: »

The LL has given two months notice we read later. Just because it isn't S21 doesn't morally change the fact the guy wants to give 2 months notice

If you don't purchase a family home, one should expect to not have the security

This site seems to be about people having sod all and expecting to be spoon fed their entire lives. A rental isn't a right to live somewhere your entire life. Sounds as though the LL could have made the tenant pay renewal fees every year. Least tenant could do is be more respectful to the person who has provided a roof

What a stupid veiw point. If the money is paid and contract entered into why is it reasonable to expect unprofessional conduct? You feel its acceptable for a land lord to be incompetent, which other business types would you also accept shody practices from?

dancingfairy

Firstly you will have to move, at some point. Just accepting that is hard enough I think .
From what you've posted you do not have the means to be able to rent privately so you will have to declare yourself homeless and rely on the council.
Your choice at the moment is to whether to accept the notice you have been given and let it take its course or whether to fight it due to being invalid. If you fight, obviously it will give you longer where you are now, but in sense it will just prolong the inevitable. The advantage to fighting it are obviously that you will have a bit of time to try and scrape some extra money together to pay for a few bits and bobs and it means you will be moving when the weather is likely to be nicer.
You can get a homeless application in now (and you should), although the council will likely not house you until the last possible minute. They are not supposed to wait until the last minute, but often they have so few houses that they literally have to help people who are actually homeless.
After the notice has expired the landlord will have to go to court to get it enforced. This may take a few weeks or a month or longer. It will depend on how organised the landlord is and how busy the courts are. If he wins (ie you don't contest it as being invalid) then he still has to appoint bailiffs. Again this could range from a few weeks to a few months depending on how busy they are.
When the bailiffs are physically at the door the council should step in. Do keep hassling them at every step of the way though and make sure you are getting allocated the correct number of points.
Regards
df

theartfullodger

TBeckett100 wrote: »

........... Least tenant could do is be more respectful to the person who has provided a roof

I cut out most of this stream of unconsciousness: The tenant is the customer, the landlord is the supplier: The wise supplier treats his customers, his clients, with respect, patience & decency:

The law provides both parties with straightforward means of ending the tenancy: Is it too much to expect a landlord to stick to the rules & laws of this fair land?? You know, good old British values of decency & fair-play.

Cheers! Artful (Landlord...)

saterkey

Do you really want to leave it until the last minute to find out what to do about housing, do you really want to court and go to eviction and take landlord to court and yourself. He is the owner of the house, he is giving you notice, its a rolling contract iirc, he seems to have been an ok landlord, do you not need a reference for another rental from him in the future. Have you not thought what would happen if and maybe saved up some money or got a a proper timed lease from him. Yes you can make it last, go through courts etc but id be worried every time the post came or I answered the door. Start looking properly, even if you have to take a one bed for now surely that's better than sticking head in sand. Can your ex help out at all. could family help out, could you take some annual leave to try and sort something out. I hope you and the landlord sort something out that's mutually convenient to you both. Maybe contact him to see if you can have any longer than two months or see if he knows of any other properties available. horrible before xmas though so sending you best wishes

booksurr

TBeckett100 wrote: »

Truth of the matter is, ...

clearly you have NO IDEA how the UK legal system works, so why waste your time writing such nonsense

topdaddy_2

TBeckett100 wrote: »

Truth of the matter is, OP has got to a stage in her life where she has no assets, no savings, a dependent and no means of putting security over her child's head, for this, the LL gets punished. Question should be, would OH ex stump up to ensure his child is in a home or did OP make an error of judgment there as well. It's all a bloody mess. Regardless of whether the deposit is protected or not, if the LL can present the refund the net effect to the OP will be the same, two months notice and a return of the deposit.

Quite frankly I wouldn't want my child answering the door to a court appointed bailiff let alone the walk of shame in front of the neughbours.

Hopefully one day they'll have stricter reference checks on ex landlords which highlight those who force the LL to court for just wanting his home back.

Hopefully, this experience will help OP to get her life in order financially so should this issue occur again, it won't be a problem.

another stupid post, you are building quite a portfolio. You seem to be saying the op has done something wrong and the LL is blameless when quite the opposite is true. If you dont want problems do your part of the bargain as you should. It isnt hard but you and the LL is question are currently struggling with it.