Landlords Notice To Quit

Diamond78

My landlord gave me my notice yesterday to quit the property I am in. I am in private rented flat. My tenancy was for 1 year but unfortunatly I have not been getting on with my landlord due to disrepairs. He had threatend to issue me with the notice in january after I asked him to sort out the drainage problems which was an awful smell from when I first moved in. It took him 3 months to get someone out and do the job. There are still a lot of outstanding repairs he has not done. I posted on here before about this and I was advised to contact environmental health which I did. The officer that came from the council stated the front door to the property was a category 1 hazard as its on stairs.He stated other hazards and said a letter would be issued to the landlord. The letter was hand delivered to his home address on 10th march this year but the landlord refuses to reply to it.The officer has told me another letter will be sent again and if no reply he will be given 21 days or so to reply.If he doesnt then he may have to go to court.
The landlord and his wife have been extremly rude and abusive to me and they do this infront of my 6 year old son.I am not out to cause problems but his lack of interest in getting the repairs done is causing me grief.
Yesterday the landlord waited for me to come out of the flat as his shop is above the flat and said he would not get the door changed as it would cost him a lot of money,its not like a normal door but more like a shop door. I stated it was not down to me what the council say and I was not happy with the noise he makes till late at night as it was frightening my son.He said he would post me my notice which he did.
It is just a normal letter typed out stating he is giving me 2 months notice to find another property as he needed his property back for his own use. I took the letter to the council as before all this they said they would help me find private rented property as the property is a one bedroom and I need a 2.
When the officer at the council saw the letter they said it was not a legal paper and would not be accepted as a notice to quit. I asked the officer what kind of letter it had to be but he didnt know and said I had to go back to the council at 2.30 but i had already been there 3 hours waiting and had to pick up my son from school so couldnt of made it. I asked him to call the landlord and tell him but he didnt. I rang my landlord and told him his letter wasnt accepted and he asked me what kind of letter it had to be.So if anyone knows please could you let me know.Thanks in advance.

clutton_2

how much longer do you have to run on your agreement ?

Diamond78

it runs out in november.My tenancy started on 21st nov 07.

trudiha

Your landlord can't legally serve you with Notice to Quit until October, unless you have a break clause in your lease. The NTQ won't actually run out until November. But that's only notice before you have to leave he will have to get an eviction order with will take him at least another couple of months, that will take up to till January at least. I'm not sure if he can serve notice while there is an outstanding works notice in place but someone who knows will be along soon. You would have to go through all of this before the local authority would deem you homeless. If you want a council house, the best you are looking at is next spring.

I read your last thread and you landlord sounds like a total waste of space, I'd not want to be living in the flat you've described with a young child. In your position I'd phone Shelter on their freephone number - 0808 800 4444 - take lots of notes of what they say, the will quote the appropriate housing legislation to you, then go and see your landlord and tell me what you've been told. Then tell him that you are willing to do him the great favour of moving out in two months if he gives you your deposit back in cash and pays your moving expenses.

Personally, I'd also ask for another £500 but everyone says I'm too pushy.

Actually, Diamond, you're in South London, aren't you; would you like me to come and have a word with your landlord, I'm feeling a tad premenstrual and I'd love someone to take it out on?

ajaxgeezer

trudiha wrote: »

Actually, Diamond, you're in South London, aren't you; would you like me to come and have a word with your landlord, I'm feeling a tad premenstrual and I'd love someone to take it out on?

:rotfl: I shouldn't laugh at this serious issue but I will anyway. Nice one Trudi, give him a kick for me too.

Diamond78

Trudiha, I have no chance of getting a council property. I will be waiting years, by then hopefully I will have a well paid job and will be able to afford a mortgage Im hoping.
I cant see the landlord taking me court to evict me as he is very tight with his money. I dont think he wil give me my deposit back either as he is in so much debt but then if he doesnt then I wont pay him his rent.
I just hope I find something soon then I will be out of here without getting anymore grief from him.

tbs624

Diamond - you said in your previous thread that you'd seen someone from Shelter - are they still giving you support?

The comments about the letter giving you notice to quit will probably be because the dates on its mean that its not valid. Maybe you could think about contacting one of the law centres via the link I gave you before: http://www.lawcentres.org.uk/directory/location/London last time.. they can provide free advice and representation on housing matters. If your LL is being abusive, he can be charged with tenant harassment, which is a serious criminal offence, so do get some help with this.

phoenixchick

As you took out your tenancy after April of last year your deposit is protected - can't remember all the details but he can't just withhold it. Good luck.

Diamond78

tbs624 wrote: »

Diamond - you said in your previous thread that you'd seen someone from Shelter - are they still giving you support?

The comments about the letter giving you notice to quit will probably be because the dates on its mean that its not valid. Maybe you could think about contacting one of the law centres via the link I gave you before: http://www.lawcentres.org.uk/directory/location/London last time.. they can provide free advice and representation on housing matters. If your LL is being abusive, he can be charged with tenant harassment, which is a serious criminal offence, so do get some help with this.

Thank you for your kind words. Yes I did contact shelter and I went for a appointment last month.I saw a solicitor but she stated there wasnt much she could do and all would depend on reports from my sons counsillor and mine. She sent me a letetr which i singed and posted back to her giving her consent to act on my behalf.I never heard back from her and eventually last week she called me to say she never got the letter so she sent out another one.I emailed her last night telling her about the letter the landlord gave and she emailed back today saying she wanted a copy of his letter, so I will fax it to her tomorrow although they will be closed but atleast she will have it when she is back in the office.If the landlord becomes abusive in anyway again then I will tell him and warn him i will report him because I am not an abusive or argument person.Thats why he tries to bully me.His wife is just as bad but she doesnt talk to me now as I said they are parents themselves and should know better.
Thanks again.

Diamond78

phoenixchick wrote: »

As you took out your tenancy after April of last year your deposit is protected - can't remember all the details but he can't just withhold it. Good luck.

My previous council paid the deposit.They sent him a cheque. I had to leave my previous home due to domestic violence and hate crime. So I dont know where I sstand in regards to the deposit as it may have to go back to the council I was with then. I live in a different borough now. Thanks coz I need all the luck i can get. Hopefully soon I will come back on here and post that I have found a decent property to live in for me and my son.

trudiha

Diamond78 wrote: »

...I will be waiting years, by then hopefully I will have a well paid job and will be able to afford a mortgage Im hoping.

I'm sure that you are absolutely right and you will be in a totally different position in a few years, I'll be delighted when I see the way things work out for you. I think that taking on this landlord by now allowing him to break the law will do wonders for your self esteem and confidence.

You know that what he's doing isn't right or legal.You've complained to the council and they are starting the process of making him meet his responsibilities towards you as his tenant. You have a legal contract with this man, a contract that you've kept your end of by paying your rent and behaving reasonably, now he is trying to worm his way out of providing the service you are paying for. If Tesco's took your shopping from you on your way out of the door, after you'd paid for it, you'd make a fuss and that is exactly what you should do here.

In my experience bad people seem to behave just as badly as you allow them to. The moment you put your foot down, they stop giving you grief. This man is trying to bully you and if you let him get away with it, in the short term he will bully you more and in the medium term he will treat his next tenants in exactly the same way.

How would you feel if you heard that he'd treated another young mother in a similar way to yourself; I bet you'd be fizzing with anger? So you need to ask yourself why you'd be angry for her but you are willing to let yourself be treated this way.

You deserve much better.

I know that you don't want to stay there and I don't blame you but leaving with your tail between your legs isn't the right way to do things. You need to get advice, find out what your legal position is and write to him setting out your own terms for leaving and if he wants to end you contract early, that means he pays your removal expenses and gives you back your deposit.