Landord Evicting me

tealady

The landlord is not obliged to provide bins.
Councils set their own policies re rubbish collection. Where I live you are allocated wheelie bins if you have a suitable place to keep them on your property (so flats dont usually get them).
If you think your Council are ignoring your request then I would suggest you look at their website to read up on their policies about bins. If you then feel they are not complying with their own rules put in a formal complaint.

TripleH

We own our own property. When we moved in, there were no bins. We chased the council and it took weeks to get them (they took the money we were charged immediately though).

When we did, they arrived the day after the last general waste delivery before Christmas.

We had to dispose of our rubbish ourselves in the mean time.

Re the court, timescales are area specific. Some still have significant backlogs others don't.

JReacher1

Are you not worried about a reference for when you move? Making things difficult for the landlord and having him initiate court proceedings is not going to make it easy for you to find somewhere else. Especially if your don’t have a stake form of income. 

silvercar

There is no defence on a section21 notice, saying repairs haven't been done is irrelevant. As for you leaving early without going to court - that is fine. You should put it in writing that you are surrendering the tenancy on X date, so there is no confusion on rent owed etc. If you don't give formal notice that you have left, the landlord may still go to court to ensure that you can't claim at a later date an illegal eviction. In any case, you don't need to go to court if you don't want to. The judge can decide in your absence.

macman

Fridge repairs and lack of bins are completely irrelevant to your notice to quit, why do you keep referring to them? It's your job as occupier to sort out the provision of council-supplied bins, not the LL. 
What a previous LL allowed with late rent payments is also irrelevant. Your contract states a date for rent due, and one day late is a breach of contract.
If the LL applies for a possession order and then you voluntarily surrender occupancy, then of course it won't go to court, because he no longer needs to repossess.
The EICR is valid for 5 years.
The good news is that if he didn't supply the current 'How to Rent' booklet, then the tenancy is not regularised and the S21 will be thrown out by the judge. So you can decline to leave, wait for a court date next spring and then he'll have to serve you again. Another 6 to 8 months wait. But, while you are waiting, you need to pay your rent on the day it's due, not 'just a few days late'.
A Form 6a is an S21 notice-it's written at the top.

macman

JReacher1 said:

Are you not worried about a reference for when you move? Making things difficult for the landlord and having him initiate court proceedings is not going to make it easy for you to find somewhere else. Especially if your don’t have a stake form of income. 

Since he's already been in arrears two months running, I doubt the LL is inclined to give him a glowing reference anyway.

macman

Mr.Generous said:

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.

The EICR is valid for five years. The LL hasn't done it right. By failing to provide the How to Rent booklet, he's invalidated the S21. Oops. Return to Start. Do not collect flat. 

SusieT

If I were the landlord you would also have received S8 notice, you have been consistantly late paying rent, it only requires 2 weeks before court action is taken, and since the landlord can prove thatyou have paid as and when you felt like it the judge will have no option other than to agree to it. In your position I would talk very nicely to the landlord, and if they still want you out start to look for somewhere else in a timeframe that is as convenient to you as possible. That way you will not have court costs and possibly later eviction costs added to what you already owe.
In future rentals, please please remember that there are very few reasons for witholding rent, so it must be paid on time every time

MEM62

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.

The time scales can be shorter than that.  I applied to the court and the matter was dealt with a lot quicker.  I had a possession order within three months and my tenant, unfortunately, was saddled with an order to pay costs.  Not the best of outcomes for either of us.     

gingercordial

derobe said:

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 

I thought you said you were slow to pay because you thought you could pay whenever?  Or is it actually because you were trying to get back at him over repairs?

Councils are often very slow to deal with requests such as new bins, parking permits, all that stuff.  He may well have made the request and it is out of his hands.  But in any case, no it is not necessarily the landlord's responsibility to provide bins - it's your waste, you have to deal with it I'm afraid.