Eviction Notice. Complicated Situation - Need Advice

Wintersun_3

Hi guys. I don't know if anyone here is even gonna be able to help me out at all with this, but I'm pretty much at my wits end as to what to do, so I might as well give it my best shot!

The scenario I've got myself into is a pretty complicated one, so bare with me while I try and explain it.

First off, I was served an Eviction Notice from my Landlord in January due to me not keeping up with my Rent Payments, and oweing 6 weeks Arrears. I was told I'd have 2 months from that day, before I had to leave. However, my Landlord made an agreement with me that if I paid back all the rent owed to him then he would revoke the Eviction Notice issued to me and I would be allowed to stay in my property. So an Eviction Notice was issued to me, which I signed, and a copy was also given to me. Over the course of the next few weeks I managed to play catch up on my rent, borrowing money off one of my friends and eventually paid him back in full on Friday the 22nd February, being completely upto date with my Rent. Therefore negating the Eviction Notice, as agreed with my Landlord.

Now, this is where my problem arises... The property I'm living in is a house of Flats or 'Bedsits.' And this property along with 2 others up the road had been on the Market for some time, as my Landlord wanted to sell the entire Estate. The properties eventually sold to a new Landlord, and they took over the properties on Friday the 22nd Feb, the same day I caught up on my payments with my now ex-Landlord. I met the new Landlord on Saturday the 23rd Feb, and everything seemed ok. He asked me to pay by Direct Debit, something I never did with my ex-Landlord as he used to come over every Saturday and collect the money off me, all of which was logged on a Rent Book.

Jumping to today where the trouble for me has started.... I was introduced via my Landlord to a Letting Agent, who I would be dealing with from now on. He explained to me that I would now be paying by Direct Debit and I was perfectly happy enough with that. We got chatting, and he explained a few things and then out of the blue came out with 'I know you're leaving this Month.' To which in utter surprise I exclaimed 'No. I'm not going anywhere?!' He then informed of how I had been given an Eviction Notice and that I was due to leave this month. I argued this saying that I had paid my Ex-Landlord in Full, and that myself & him had an agreement that if I paid up in full the Eviction Notice would be revoked. To which he replied saying how because the new Landlord had now taken over the property, the Eviction Notice issued to me by my Ex-Landlord also came with everything, being passed over from my Ex-Landlords Lawyer through the sale of the Property, and that I was therefore still due to be evicted from my Flat. I carried on explaining my side of things, saying that I didn't think this was right or legal, but he was pretty much adament it was. He then went on to inform me that even if that wasn't the case, of me leaving this Month, he would be serving me with an Eviction Notice of 2 months anyway as the new Landlord wanted to refurbish the flat and apparently my Flat was on a list that the Landlord wanted 'Vacating.'

This has left me in all in a quite a state, because I literally don't have anywhere else to go if I'm Evicted this month, I would effectively be homeless, and I certainly can't leave within a week or 2 and find somewhere else to live just like that. It wouldn't be so bad if I was given 2 months from this moment onwards as I could find somewhere else to live in that time. But I simply do not have anywhere else to go at this point in time. The main reason this has come as such a shock to me, is that I had an agreement with my Ex-Landlord that because I had paid up my rent in full with him that the Eviction Notice he had served me was no longer in effect. And now all of a sudden I'm told it still stands by the new Landlord who has taken over.

I have spoken to my Dad and he got in touch with his Landlord, who told him that the Eviction Notice served to me by my Ex-Landlord should now be completely null & void, as I had paid back my Ex-Landlord in full and that was the agreement we had made between us both. But I don't know if this is actually the case, or where I stand on things. I spoke to my Ex-Landlord today, who said he would be more than willing to talk to this Letting Agent and explain that I had paid him in full and that the Eviction Notice wasn't due to go ahead. Infact, one thing this Letting Agent told me was that once an Eviction Notice is served, that's that. It can't be revoked? Which I find seriously hard to believe. And that apparently the only thing that can be done is have ANOTHER Eviction Notice issued on-top? Which sounds like a load of old rubbish to me!

I'm absolutely terrified now of being told I have to leave this month by my new Landlord, and there's nothing I can do about it. I just don't understand how he can do this though as I've paid my Ex-Landlord in full and as far as myself & him were concerned I would be staying in my Flat until otherwise stated.

I intend to visit CAB on Monday and try and explain my situation to them, but if anyone here has any advice at all, it would truely be appreciated right now, if just to ease my mind and nothing else.

Thanks for your time in reading this long and probably very messy and incoherent Post.

Debt_Free_Chick

Can you please post details of this "Eviction Notice" - you have a copy, yes?

There is no such thing as an Eviction Notice - it's usually a notice that the Landlord intends to apply to the Court for reposession. The Court then gives the LL a warrant to reposess the property. However, the Court will not issue the warrant if the arrears have been paid (I've skipped the fine detail here).

If there's no warrant, then there's no reposession ......

Wintersun_3

I don't quite understand what you mean? As far as I'm aware I was served an Eviction Notice by my Ex-Landlord in January, as I wasn't upto date with my Arrears at that point in time. I would then have to leave from 2 months time after this Notice was served (March), but I've since paid my Ex-Landlord in full with no further Arrears.

I can't seem to find the piece of paper now with the details. (Always happens when you need something!) I signed two copies, one for my Landlord and one to keep for myself.

This is what's causing me the stress at the moment. As the 'Eviction Notice' I've signed with my Ex-Landlord is being held over my head by my new Landlord, and thus they are saying I should be leaving this month.

I apologise if I'm not explaining things properly here, just that I'm not really sure how to word it any differently.

Wintersun_3

I've just found the Notice given by my Landlord.

Headed: 'Notice By The Landlord Requiring Posession Of A Weekly Or Monthly Tenancy After The End Of A Fixed Term. Housing Act 1988 Section 21.' Dated the 5th March.

It's even sooner than I thought, in just 3 days time. Which means I have to act fast if my new Landlord is well within his right to enforce this Notice given by my Previous Landlord. Baring in mind of course that I have paid the Arrears I owed him in full.

Wintersun_3

I don't know if this will make any difference at all, but I'd thought I'd add it anyway.

I only ever signed one single contract with my first Landlord when I moved in. This was in May 2006. It was 'For an Unfurnished House or Flat on an Assured Shorthold Tenancy.' The Term was Six months beginning on 27/05/06.

Now I never signed another contract after that one ran out. So there is no existing Contract apart from that one, which has expired, with either my previous Landlord or my new Landlord. Infact, my new Landlord hasn't got me to sign any paperwork whatsoever, yet he's insisitng on this Eviction Notice as issued to me by my previous Landlord.

PasturesNew

Wintersun wrote: »

Six months beginning on 27/05/06.

If your tenancy started on a 27th, then any 2 months notice would have to end on a 27th (or it might be 26th). So it can't end on the 5th for sure.

What date were you given the Section 21? What date did you actually receive it?

e.g. if it were given to you on 5th January, giving 2 months' notice to 5th March, this isn't 2 months' notice.

Under the rules of an AST, if you are given it on, say, the 5th, the 2 months starts from the date of the next rent day, 27th. So that alone would give you your leaving date of 27th March.

HOWEVER... as they got it wrong, this means that the Section 21 they issued you with is invalid. The only thing they can do now is issue it to you again. Now, say they do that immediately (3rd March), again the 2 full months to rent date rule applies, so it won't even start to count the 2 months until 27th March, giving you a leaving date of 27th May.

If they now try to issue you one backdated to 27th February, I think it's "oops, nope, doesn't count either" as I think you have to HAVE it by that date. They can't just go round writing them out on the date and posting them a week later (I don't think, but I could be wrong)

I hope that buys you the breathing space you need.

Wintersun wrote: »

He then went on to inform me that even if that wasn't the case, of me leaving this Month, he would be serving me with an Eviction Notice of 2 months anyway as the new Landlord wanted to refurbish the flat and apparently my Flat was on a list that the Landlord wanted 'Vacating.'

It looks here like they're saying if they got it wrong then they will issue you with a new 2 months anyway. See my post above, 2 months from now is 27th (or 26th?) of May.

Debt_Free_Chick

I agree with Pastures New ... just to give you another explanation of the same point ....

Wintersun wrote: »

II only ever signed one single contract with my first Landlord when I moved in. This was in May 2006. It was 'For an Unfurnished House or Flat on an Assured Shorthold Tenancy.' The Term was Six months beginning on 27/05/06.

OK - so your rent month starts on the 27th day of a month and ends on the 26th day of a month.

Headed: 'Notice By The Landlord Requiring Posession Of A Weekly Or Monthly Tenancy After The End Of A Fixed Term. Housing Act 1988 Section 21.' Dated the 5th March

This is nothing to do with any arrears, so ignore that. It's a straightforward notice to leave.

However, this notice is only valid if the notice period ends on the same date as the end of a rent month. So this notice should have started on the 27th of January to end on the 26th March.

It's not legally valid - it's worthless.

He then went on to inform me that even if that wasn't the case, of me leaving this Month, he would be serving me with an Eviction Notice of 2 months anyway as the new Landlord wanted to refurbish the flat and apparently my Flat was on a list that the Landlord wanted 'Vacating.'

If the new LL expects you leave, show them the Notice of possession (what you call the eviction notice) and tell them it isn't valid. If they insist that you explain or if the discussion gets the point where you have no option but to explain, then tell them the notice period doesn't cover the rent period stated in your original agreement.

Their only option now is to issue you with a new Notice, giving you two months notice to run from 27th March to 26 May.

So you now have 11 or so weeks to find a new place

Good luck

BobProperty

I agree with PasturesNew that the notice sounds like it is dated wrongly. I remember having to issue 2 Section 21s for different dates and going to court after the second date to ensure you were covered as a landlord. Don't know if that is still true. What I can't remember is how the dates are calculated for a weekly rent. The OP said "...my ex-Landlord as he used to come over every Saturday and collect the money off me..." So the rent periodicity (?) is weekly when relating to the old landlord. The old notice sounds to have the wrong date, plus you should be able to get a letter off the old landlord confirming the arrears agreement and the fact that you are up to date with the rent. The new landlord has to start again with an S21 with the correct dates in order to the start the process of evicting you. Have a search round here, and landlord sites like landlordzone and the RLA and you will find accurate details of the process required, and quite often people get the details wrong.

BobProperty

Debt_Free_Chick wrote: »

....OK - so your rent month starts on the 27th day of a month and ends on the 26th day of a month.....

DFC rent is weekly on a Saturday, I can't remember if the notice has to end on a rent day, but if it does 5th March is wrong anyway.

real1314

Erm, the OP says the rent was being paid weekly.

Afaik, the "rent month" only applies to tenancies paid on a monthly basis.

As the OP pays weekly on a saturday, and notice was given on a saturday, then it might well be valid from that perspective. However the previous landlords withdrawal of the notice may well scupper it.

BobProperty

The bit I can't remember is does the notice therefore have to end on a Friday or a Saturday, because 5th March isn't either. However, if it's 2 months from a rent day then could Saturday 5th January issue date be correct?

I'm confused - I haven't got my landlord course notes any more