Rent Arrears and served notice with incorrect dates

desperatedan123

Marktheshark wrote: »

If you need time and have nowhere to go, ignoring the incorrect letters will buy more time, informing and rebutting them will buy less.
As said call the police if he turns up, change the locks if you have not already and await a court date where you can have the paperwork thrown out and reset the clock to two months.
Save, date and sign what he posts.

Keeping a roof over your children's heads is your priority, let the nut jobs on here worry about the "morals" of life.
Contact all housing associations and local council. get on lists and use the threats and intimidation to ramp up your priority status on housing lists, hence why reporting this to the police and obtaining a reference number is important so you have the required proof.
If you can get b2 status or above priority you should get a social housing property quite quickly.

Good advice. Thanks Mark.
We signed up to all our local council home sites yesterday, and like you just said, I told my wife we need to increase our status somehow from 3A to improve our chances of finding somewhere quick.

So these letters he posted yesterday, I should write on the envelope the date he posted it through the door and sign it and keep it as evidence?

Pixie5740

As much as I have some sympathy for your LL he does sound completely clueless in terms of housing and tenancy law. He doesn't even seem to aware what kind of tenancy you have which is pretty poor.

You're trapped because you need money to move but you don't have any. I'd go and speak with your local council's housing officer. The council don't have to re-home tenants who breach the terms of their tenancy, by not paying rent for example, but I think exceptions are made when people fall into arrears due to redundancy.

Once you've spoken with the council it might be worth approaching your LL and saying that if he issues a Section 21 CORRECTLY, then the council will help you and you'll be able to move out.

Marktheshark

Yes just keep them, they dont sound like correct s21 or s8 notices and you should report the threats.
They are dozens of housing associations as well, the local council will have a list, apply to all.
Demand a priority investigation citing harassment, make copies of these letters as evidence and take video recordings if he turns up again or get someone to record from an upstairs window, practice so the person recording knows how to get it right.
This is all evidence to get your priority increased.

The fact his letters dont meet requirements is to your advantage at the moment as it buys time to get your act together in finding alternative accommodation.

When attempting priority status increases they tend to fob off twice to see if you are serious, you have to keep on and on and on at them until they eventually get fed up of seeing you in constant appointment meetings.

Foxy-Stoat_3

Normal procedure for removing tenants after the AST has ended, assuming the Landlord has a valid tenancy agreement and done the lawful things with the deposit:

Issue a VALID Section 21 Notice, when notice expires they confirm if you have left or are leaving. If not they then apply to the Court for possession, if they have in-fact issued a VALID notice and proof that it was delivered/received and done all they are supposed to then they will get a possession notice.. They then call round to the house to see if you have left or are leaving, if not and they cannot lawfully change the locks, they have to get bailiffs involved and you will be out.

If they are unable to issue a Section 21 notice, for a number of reasons, they can issue a Section 8 notice if you are 2 months or more in arrears, the Judge has discretion but if the Landlord has done what he is supposed to and you are still in 2 months arrears then its likely that they will get possession.

The Landlord cannot harass or give you verbal abuse, it will do him no favors at court. Also if he cannot issue the correct notices then the procedure starts all over again until he gets it right.

Have you received a Section 21 or 8 notice? If not then you are not going anywhere for the next few months. If you have received a S21 OR S8 then take it to the CAB it see if its valid.

Try and talk to the Landlord calmly if you want to stay living there, try and sell some stuff, cancel Sky, wear jumpers and switch heating off, down value your car or do whatever you can to reduce the arrears. If you think that your done with this house and Landlord, then look for somewhere else to rent and leave as soon as you can, but don't play the system.

I have as much sympathy for un-paying tenants (whatever the reason) as I have sympathy for Landlords who don't know the law, or think they are above it!

Good luck.

martindow

Have you checked out what benefits you are entitled to? With your reduced income you may be able to get some additional income to help you cope with your rent and other expenses. There is a benefits board on here where it may be worth posting.

jjlandlord

Marktheshark wrote: »

Please ignore the TROLLS who are unable to read what it says on the top banner "MONEY SAVING EXPERT"

Insulting others and having an interesting interpretation of money saving... 'shark' is aptly chosen, clearly, though those posturing as sharks often turn out to be little poodles behind the facade.

TBagpuss

You say that you have tried to explain to the landlord that you are paying wht you can - have you actually done this in wiritng?

Setting out a breakdown of your income and outgoings so he can see that you are genuine? This does not of coruse change the issue that you owe he money or that he has not followed appropriate procedure, but it might help a little if he believes that you are taking the micky.

Hpwdo you pay him? Do you pay direct to his bank account, or get receipts, so you can prove what you have paid, to ensure that the arrears are correct?

Pixie5740

I've just realised a stumbling block to getting issued with a valid Section 21. Your deposit hasn't been protected so your LL would need to return your deposit before issuing a Section 21.

Your LL could go for a Section 8 Ground 8 which is a mandatory ground for eviction however to be valid you need to have a certain amount of arrears. Where rent is due weekly or fortnightly, at least 8 weeks’ rent must be in arrears. Where rent is due monthly, at least two months’ rent must be in arrears.

Maybe you can try and negotiate something with your LL to let you end the tenancy and get your deposit back so you can start afresh somewhere else.

AdrianC

When were the overdue payments due?

You say that the landlord thinks you are "just ignoring him" - when did you first mention the redundancies and likely payment issues to him? Have you kept him fully informed?

RAS

OP

Please contact Shelter and explain how your LL is behaving. You may find that contact from them or the local Private tenancy Officer at the Council will stop him harassing you.

Alos please go to www.turn2us.org.uk to find out if you can get any help with housing etc.