Served notice fro asking for water!! Help pls

sassygirl_2

I do hope someone can help as i am at my wits end and dont know who to turn to.

I currently rent through a letting agent at £750 pm. Have been here for just over a year. Our contract was due for renewal in May.

The problem we have is the boiler! Numerous problems over past yer but......
In May i reported that we had no hot water at all...
Boiler insured by landlord with Eon...They failed to appear for first two appointments.
3rd appointment, they reported boiler was over 35 years old on an old one pipe system and system was too old to cope with boiler pumping water through, hence no hot water
4th appointment, they reported that system too old to do anything with and recommend new system to be put in.

so landlord sends his own plumber who fits and immersion heater to the tank.

Still no hot water unless we leave running for 4-6 hours, which plumber has said is not to be done, it must be a max of 2 hours at time.

This has now been going on for 4 weeks. I have 3 children and myself and OH

In this time the landlord has been pushing for a new 12 month contract to be signed, which i am not refusing to sign (havent had a copy sent to sign anyway)
I just asked the letting agent to give us reassurance in writing that the boiler would be fixed satisfactorily. I would just like to be able to bath my son in our own bath and not someone elses.

so yesterday we receive notice to quit the property on the 15th August, as we havent signed a new contract.

I am on Honeymoon on the 15th Aug! We get married on the 1st Aug and i am beside myself with worry that we will come home to no home

Please can anyone help?

Pixie5740

Notice to quit? Are you in Scotland?

sassygirl_2

sorry, its a section 21 (4) Notice requiring Possession

Guest101

sassygirl wrote: »

sorry, its a section 21 (4) Notice requiring Possession

Seeking possesion.

The LL still has to go to court.

In fact the LL may not even know, have you spoken to him?

Vectis

Why would you want to stay on anyway if you've had 'numerous problems' over the past 12 months and you're being messed around with the current hot water situation?

If the LL is determined that he wants to repossess then he will, even if it takes a while. Why go through the hassle?

Start looking for a new place to live - this isn't a negative thing, look at it as a positive that you will, hopefully, find yourself a better property/LL.

dancingfairy

It appears you are being given retaliatory notice to get back at you. The landlord has to follow the law and procedures, they can't just turf you out in the street.
Was a deposit taken? Was it protected and do you have the details for this?
When was the tenancy agreement from and to? When was the notice issued?
There is a high chance that the notice has not been served correctly, meaning when it goes to court, you can defend against it.
Basically the landlord (or his agent) has to serve you notice, this has to expire, they then have to go to court to get the court to agree to a repossession, they then have to get in contact with the bailiffs etc.
Do you think your landlord is likely to try an illegal eviction?
Basically you can
a) sign a new contract
b) not sign and sort it out when you get back.
That's pretty much your options.
Do you have any family members that can stay in your place for a week or two while you're away?
You might also want to contact Shelter the housing charity to talk through the options.
df

dancingfairy

To be honest, if the landlord wants to get you out, eventually he will.
Also, it will be pretty difficult/neigh on impossible to force him to do the repairs I'm afraid. Technically he has to provide heating and hot water and sanitation but actually getting that enforced may prove difficult.
You could try the local council but obviously by getting them involved the landlord is not likely to want to renew your tenancy.
your best bet really is to move (not easy I know).
df

G_M

You won't be homeless on 15th August. That is simply the 1st day that the LL can apply to court for a possession order. that process may take another 1 - 3 months.

Having said that, assuming the S21 is valid, no reason is needed and the court will grant the LL possession when it gets that far.

Did you pay a deposit, was it registered in time (30 days) and did you receive the 'Prescribed Information '

See:
* Deposits: payment, protection and return

As advised, speak to the LL. You can, of course, pursue the hot water problem, but I'm afraid if the LL really wants you out there's not much you can do in the long run.

ps - an emersion heater should heat the water up in 30 minutes. Either it's not properly installed or the pipes are so furred up water does not get through - does the water flow OK? Just cold?

There is a high chance that the notice has not been served correctly, meaning when it goes to court, you can defend against it.

Why? OP has given no indication of this. The timescale looks right so it's just the deposit we don't know about.

sassygirl_2

Thank you every one for your help. to answer a few questions;

As our wedding is in 6 weeks and then away for honeymoon we didnt want the hassel of all this during this time. I would have signed a new contract had we been given reassurance the hot water would be solved.

We also run our own company, have dogs and kids and there isnt anything available on the market that will take all of that.

G_M:The water comes through no problem, just cold. The boiler upstairs is getting hot, but by the time it gets around the system its cold. its a gravity fed, one pipe system. (this is what ive been told anyway)

The deposit was paid and protected so thats all in order which is good i guess.

so if i don't move out on the 15th as he is saying it doesn't matter? He will then have to take me to court...yes?
This would buy me a bit more time to find somewhere else which would be ideal.
I am worried that i wont get a reference from the letting agents though which means we couldn't get another rental property.

The original tenancy was the 16th May 2014 - 16th May 2015. Notice was given 15th June 2015

Ive got members of my staff coming in to the house whilst i am away so they will be told no one is to enter the property


Thank you all so much, I have been so worried that i will be coming back to my belongings on the lawn!

lovinituk

Have you got permission to run the business from the house? Does the landlords mortgage and insurance allow it? Do you have the relevant employee liability insurance?

Guest101

sassygirl wrote: »

Thank you every one for your help. to answer a few questions;

As our wedding is in 6 weeks and then away for honeymoon we didnt want the hassel of all this during this time. I would have signed a new contract had we been given reassurance the hot water would be solved. - Then offer this direct to the LL.

We also run our own company, have dogs and kids and there isnt anything available on the market that will take all of that.

G_M:The water comes through no problem, just cold. The boiler upstairs is getting hot, but by the time it gets around the system its cold. its a gravity fed, one pipe system. (this is what ive been told anyway)

The deposit was paid and protected so thats all in order which is good i guess. - Better if it wasnt, but irrelevant now

so if i don't move out on the 15th as he is saying it doesn't matter? He will then have to take me to court...yes? - Yes the only way a LL can end a tenancy is via the courts.
This would buy me a bit more time to find somewhere else which would be ideal.
I am worried that i wont get a reference from the letting agents though which means we couldn't get another rental property. - References mean very little. Document your offer of new tenancy if boiler is fixe. Show this to new LL if they question lack of reference

The original tenancy was the 16th May 2014 - 16th May 2015. Notice was given 15th June 2015 - Seems like correcly issued

Ive got members of my staff coming in to the house whilst i am away so they will be told no one is to enter the property - The LA / LL dont sound like they would try to


Thank you all so much, I have been so worried that i will be coming back to my belongings on the lawn!- if this happens, you can sue. Damages are worth an average of £200-300 per day that you were denied used of the property, + punitive, + compensation for loss,

Repy above in red