Landord Evicting me

derobe

marcia_ said:

 Why couldn't you order your own bins as the resident? 

I tried to with the council. They completely ignored me several times and I have been informed only the landlord can do it and I won’t get anywhere with them.

deannagone

If the case falls apart due to a failure on his part there won't be any court costs.  But a Possession order and then Bailiffs warrant will cost YOU at least £500 (the court makes an order for the tenant to pay).  Its what I had to pay a few years ago, probably more now.  

And of course, it will be many months of uncertainty if you don't persuade the LL to forget about the eviction notice.  It does look like you might have thrown up a few red flags (complaining about the bins when you should really have sorted that with the council, being late with rent etc, complaining about a fridge freezer), so maybe its worth trying to build bridges with the LL.

However, in all fairness if the LL hasn't issued the correct paperwork or protected the deposit (you can take him to court for that and he won't be able to evict you until the deposit money is paid back to you), they sound like they don't know what they are doing. Which will definitely work in your favour.

HampshireH

As your still there and intend to be for a while 

You can order bins on various websites. Seems unusual for the council to ignore someone offering to buy new bin though.

Homeowners aren't obliged to provide wheelie bins. Nice if they do.

The bit where you say you thought rent could be paid any day baffles me.

Definitely set up a standing order. Your rent payment date won't have chaned. It will be whatever your tenancy says.

TripleH

It may be worth looking for a new place to rent. Regardless of how poor the landlord's documents may be, eventually they will get the paperwork correct (assuming they haven't).

Don't wait until you are being evicted as your options will be scarce.

SusieT

If your original contract stated that rent is to be paid on e.g. 6th of the month, then the rent remains due to be paid on or before that date. There is no change to the date, it is certainly NOT due at any other point in the month unless you get agreement in writing from the landlord. So set up a new standing order and make sure that it is set so that payment is made in time, check the calendar to see when bank holidays fall and if any are on the rent date put a big note in tour diary or somewhere else obvious so that you can manually change the date for that payment and change it back afterwards. 
If you do talk to the landlord you need to stress and appologise for your total misunderstanding of the rolling contract, and for any late payment in the past. Rent is a priority payment and must must must be paid on time.  Good luck 

secla

Seems unlikely to me that a landlord would want to evict over 1 late rent payment and a couple of complaints if your otherwise a good tennant.
either way he will eventually get possession but as said before you can string it out and make it difficult if you wish 

macman

derobe said:

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.
If he has served you with an S21, then the reason is irrelevant, it's a no fault notice to end the tenancy. Unlikely to be for a rent increase-if he wanted that, he would have asked for one.
Paying your rent late probably hasn't helped your position, why didn't you maintain the standing order?
Finally, is the tenancy regularised? Deposit protected, GSC, EICR, How to Rent booklet etc? If any of these are a fail then the S21 is invalid and will be thrown out by the court.
So, the good news is that you have until maybe May '23 to find other accommodation.

Well the standing order ended automatically as I must have had it set for 12 months. So on month one they contacted me to say I hadn’t paid, but if I move on to a periodic tenancy, is there still the same date legally? Since it’s rolling monthly I thought that meant it could be paid at any point during the month to be honest. 

Looks like late payment is the reason then anyway. 

in terms of the other points I’m not sure but I will check on these. I gave a deposit but unsure as to if it’s protected. Don’t think I received any of those other bits, they just gave me the keys! 

Good news in terms of him not being able to evict me anyway.. I’d rather not go to court either. It might be worth speaking to him and seeing if I set a standing order for the date he wants - he will he drop the whole thing. If not, the way I’m feeling I’ll fight him and he can go through what seems like hassle to evict it me. 

What are the potential downsides for me if it goes to court??

thanks. 

I cannot believe you are serious in this comment, and, if you are, I can quite understand why your LL wants you out. You already said that you paid 'a few days late' every month since the SO expired,, so you clearly did know that it was due on a fixed date every month. But, unless you talk to him about his reasons for issuing an S21 (if that is what it is, as you still haven't confirmed that), you'll never know. You have nothing to lose by asking him.
If he has not protected the deposit or issued a GSC, EICR, or supplied the prescribed info then you hold all the cards, as an application for a possession order will fail and he'll have to regularise the tenancy and start again, with a further 6m court queue.
You can also sue him for 3 times the deposit value and you will win. There is no defence to non-protection.
Failure to supply a GSC is also a serious criminal offence.
Suggest you check the 3 deposit schemes today to see if it has been protected.
The downside to going to court is that you may have to pay his court and bailiff costs, if you don't leave after a possession order is granted. And you won't get a reference...but then you may not get one anway.
The bin and freezer issues are trivial and should be ignored. If there was no fridge/freezer upon occupation, the LL is not obliged to provide one later.

derobe

macman said:

derobe said:

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.
If he has served you with an S21, then the reason is irrelevant, it's a no fault notice to end the tenancy. Unlikely to be for a rent increase-if he wanted that, he would have asked for one.
Paying your rent late probably hasn't helped your position, why didn't you maintain the standing order?
Finally, is the tenancy regularised? Deposit protected, GSC, EICR, How to Rent booklet etc? If any of these are a fail then the S21 is invalid and will be thrown out by the court.
So, the good news is that you have until maybe May '23 to find other accommodation.

Well the standing order ended automatically as I must have had it set for 12 months. So on month one they contacted me to say I hadn’t paid, but if I move on to a periodic tenancy, is there still the same date legally? Since it’s rolling monthly I thought that meant it could be paid at any point during the month to be honest. 

Looks like late payment is the reason then anyway. 

in terms of the other points I’m not sure but I will check on these. I gave a deposit but unsure as to if it’s protected. Don’t think I received any of those other bits, they just gave me the keys! 

Good news in terms of him not being able to evict me anyway.. I’d rather not go to court either. It might be worth speaking to him and seeing if I set a standing order for the date he wants - he will he drop the whole thing. If not, the way I’m feeling I’ll fight him and he can go through what seems like hassle to evict it me. 

What are the potential downsides for me if it goes to court??

thanks. 

I cannot believe you are serious in this comment, and, if you are, I can quite understand why your LL wants you out. You already said that you paid 'a few days late' every month since the SO expired,, so you clearly did know that it was due on a fixed date every month. But, unless you talk to him about his reasons for issuing an S21 (if that is what it is, as you still haven't confirmed that), you'll never know. You have nothing to lose by asking him.
If he has not protected the deposit or issued a GSC, EICR, or supplied the prescribed info then you hold all the cards, as an application for a possession order will fail and he'll have to regularise the tenancy and start again, with a further 6m court queue.
You can also sue him for 3 times the deposit value and you will win. There is no defence to non-protection.
Failure to supply a GSC is also a serious criminal offence.
Suggest you check the 3 deposit schemes today to see if it has been protected.
The downside to going to court is that you may have to pay his court and bailiff costs, if you don't leave after a possession order is granted. And you won't get a reference...but then you may not get one anway.
The bin and freezer issues are trivial and should be ignored. If there was no fridge/freezer upon occupation, the LL is not obliged to provide one later.

The reason I say this is I have been in this situation (moving into a periodic tenancy) at my previous rental. I paid the rent at anytime during the month and the landlord/agent never complained, I was told by the landlords son when he came to fix something the once that they had paid the mortgage off anyway so maybe that was why..

Anyway, I have tried to speak to the LL I'll see if he responds. I've offered to set up a standing order now to see if he'll forget about this and we can come to something amicable, if not I'll have to make things difficult for him. A question I have is once court proceedings are issued, (it's not at that stage yet I've received a notice/form 6A only so far, saying I have to go by October) if I were to leave before the court date, is it all forgotten about, or do I still have to go to court??

I have checked historic emails and I believe everything has been provided bar the right to rent booklet (TDS Deposit, Gas Safe Electrical) although the electrical is last dated 2020, there doesn't seem to have been one done for 2021 so not sure if I could use that to invalidate his claim and sue him?

I can't see how not providing bins to a tenant is trivial...? I have to leave rubbish out on the main road where the council sometimes collects it... or take it to the tip which is a huge pain. As I have said the council here never reply when trying to get bins from them!

Mr.Generous

derobe said:

macman said:

derobe said:

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.
If he has served you with an S21, then the reason is irrelevant, it's a no fault notice to end the tenancy. Unlikely to be for a rent increase-if he wanted that, he would have asked for one.
Paying your rent late probably hasn't helped your position, why didn't you maintain the standing order?
Finally, is the tenancy regularised? Deposit protected, GSC, EICR, How to Rent booklet etc? If any of these are a fail then the S21 is invalid and will be thrown out by the court.
So, the good news is that you have until maybe May '23 to find other accommodation.

Well the standing order ended automatically as I must have had it set for 12 months. So on month one they contacted me to say I hadn’t paid, but if I move on to a periodic tenancy, is there still the same date legally? Since it’s rolling monthly I thought that meant it could be paid at any point during the month to be honest. 

Looks like late payment is the reason then anyway. 

in terms of the other points I’m not sure but I will check on these. I gave a deposit but unsure as to if it’s protected. Don’t think I received any of those other bits, they just gave me the keys! 

Good news in terms of him not being able to evict me anyway.. I’d rather not go to court either. It might be worth speaking to him and seeing if I set a standing order for the date he wants - he will he drop the whole thing. If not, the way I’m feeling I’ll fight him and he can go through what seems like hassle to evict it me. 

What are the potential downsides for me if it goes to court??

thanks. 

I cannot believe you are serious in this comment, and, if you are, I can quite understand why your LL wants you out. You already said that you paid 'a few days late' every month since the SO expired,, so you clearly did know that it was due on a fixed date every month. But, unless you talk to him about his reasons for issuing an S21 (if that is what it is, as you still haven't confirmed that), you'll never know. You have nothing to lose by asking him.
If he has not protected the deposit or issued a GSC, EICR, or supplied the prescribed info then you hold all the cards, as an application for a possession order will fail and he'll have to regularise the tenancy and start again, with a further 6m court queue.
You can also sue him for 3 times the deposit value and you will win. There is no defence to non-protection.
Failure to supply a GSC is also a serious criminal offence.
Suggest you check the 3 deposit schemes today to see if it has been protected.
The downside to going to court is that you may have to pay his court and bailiff costs, if you don't leave after a possession order is granted. And you won't get a reference...but then you may not get one anway.
The bin and freezer issues are trivial and should be ignored. If there was no fridge/freezer upon occupation, the LL is not obliged to provide one later.

The reason I say this is I have been in this situation (moving into a periodic tenancy) at my previous rental. I paid the rent at anytime during the month and the landlord/agent never complained, I was told by the landlords son when he came to fix something the once that they had paid the mortgage off anyway so maybe that was why..

Anyway, I have tried to speak to the LL I'll see if he responds. I've offered to set up a standing order now to see if he'll forget about this and we can come to something amicable, if not I'll have to make things difficult for him. A question I have is once court proceedings are issued, (it's not at that stage yet I've received a notice/form 6A only so far, saying I have to go by October) if I were to leave before the court date, is it all forgotten about, or do I still have to go to court??

I have checked historic emails and I believe everything has been provided bar the right to rent booklet (TDS Deposit, Gas Safe Electrical) although the electrical is last dated 2020, there doesn't seem to have been one done for 2021 so not sure if I could use that to invalidate his claim and sue him?

I can't see how not providing bins to a tenant is trivial...? I have to leave rubbish out on the main road where the council sometimes collects it... or take it to the tip which is a huge pain. As I have said the council here never reply when trying to get bins from them!

As the landlord runs an agency I'd bet he has done everything right. You didn't know about or understand the deposit - but he'd done it, same with gas safe, and electric check thats valid for 10 years. The council ignore your requests for bins - but the landlord has a special secret password he can use so they don't ignore him - I guess that's your thinking? You rented the place without a fridge freezer and have lived without for 14 months but think the LL should provide?

Good luck running your own business. Far more complex than renting a property.

derobe

Not been without a fridge freezer it’s been broken for two months. Me chasing for repairs and being ignored. That’s why I’ve been slow to pay.

My thinking is that surely it’s a landlords responsibility to provide bins to a property and not a tenants. He has actually accepted this and my issue is that he has said he’s ordered them with the council months ago but I’ve heard nothing. 

Thanks for your response though…..

Anyway, if anyone can advise on court situation. Thx