Questionable Section 8 Notice

Collapse
X
 
  • Filter
  • Time
  • Show
Clear All
new posts

    Questionable Section 8 Notice

    I have just received a Section 8 Notice Seeking Posession and have a few queries regarding it's validity.

    Firstly the Notice has been issued by the 'landlords agent', which is odd as I have always dealt with the landlord directly and this is the first time I have heard anything about an agent. Can a landlord simply assign an agent like this without providing notice that this 3rd party is acting on his behalf? The landlords name and address does not appear on the document at all, I believe it is being done in this way to prevent me from filing a counter claim against the landlord (whose address is unknown) - I can't file a counter claim against the agent as we have no contractual relationship.

    Secondly the notice claims that rent has not been paid for August and September. This is untrue August rent was paid but not September, meaning that I am actually only 2 weeks in arrears - if I have understood Sec 8 correctly it requires 2 months of arrears, please correct me if I'm wrong. Is there any penalty for misrepresenting the facts in this way?

    The reason for September rent being unpaid is that it is being withheld as the landlord is in breach of the tenancy agreement, he was informed that rent would be withheld if he didn't act to remedy this - that issue is a complicated one which I won't go into yet as my first priority is to determine whether this notice has any validity.

    I have a strong counter claim against the landlord on many points, the most serious of which is failure to carry out gas safety checks and provide a safety certificate for the last 4 years. I fully intend to pursue a claim for compensation against the landlord on a number of grounds which I am confident I will easily win on and believe that withholding rent in lieu is the only way I will see any monies awarded as compensation.

    I will be very grateful for any advice and opinion people have to offer on this matter.

    #2
    Who's address is given on your tenancy agreement?
    Your Landlord has a statutory obligation to provide you with his address if you request them to do so.

    Comment


      #3
      Originally posted by Receptor View Post
      The notice claims that rent has not been paid for August and September. This is untrue August rent was paid but not September, meaning that I am actually only 2 weeks in arrears - if I have understood Sec 8 correctly it requires 2 months of arrears, please correct me if I'm wrong.
      In fact, ground 8 (monthly rent) demands only that there be at least two months' rent unpaid- which is not the same thing as "in arrears".
      Example: If your rent falls due on first day of each calendar month, and you do not pay on 1 September and 1 October, you are first "two months' unpaid" on 2 October.
      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
      4. *- Contact info: click on my name (blue-highlight link).

      Comment

      Latest Activity

      Collapse

      • Reply to Access to sheds
        by endymion
        Well, partly, but mainly I'm considering whether the sheds would have to be explicitly excluded from the tenancy in the AST. It's a question of what would be considered the default position in law....
        03-06-2020, 14:53 PM
      • Access to sheds
        by endymion
        Hi. We have been renting a flat for the past decade under an Assured Shorthold Tenancy. The flat is one of five in a single block. The back garden contains a large outbuilding comprising ten sheds. Implicitly, then, two sheds per flat. The inventory does contain the wording 'Garages, Sheds, Outbuildings:'...
        03-06-2020, 10:09 AM
      • Reply to Access to sheds
        by endymion
        Interesting. I'll have to cross that bridge when I come to it. Nonetheless, if the deeds stipulate that the sheds are part of the flat, rather than communal, surely that's quite a different matter....
        03-06-2020, 14:52 PM
      • Reply to Access to sheds
        by MdeB
        I believe the OP is coming from the position of:
        • The LL has granted us the right, beyond the tenancy agreement, to use two sheds.
        • Would the law consider that having granted that use, the LL cannot unilaterally withdraw the use of those sheds?
        ...
        03-06-2020, 14:48 PM
      • Reply to Electrical Safety Certificate EICR
        by MdeB
        The Government guidance suggests not (under "What will the report show?").
        C1, C2 and F need action; C3 does not (C3 is "safe but not to current standards for new installations"...
        03-06-2020, 14:38 PM
      • Electrical Safety Certificate EICR
        by Ozzie11
        Hi

        I noticed a new law means landlords need to arrange an EICR for new tenancies after July 2020 or before April 2021.

        Please can I get some advice on this? I started a tenancy in May 2020 - this is due to expire in November 2020. However it is likely the tenancy will be renewed...
        01-06-2020, 10:42 AM
      • Reply to Access to sheds
        by AndrewDod
        There may or may not be a lease in that case. But there might be. If there is a lease, then it makes no difference that the lessee and freeholder happen to be the same people. If there are no leases, I cannot see that you have any particular rights beyond the flat that you lease. The presumption in...
        03-06-2020, 14:30 PM
      • Reply to Mould/witholding rent/C19 eviction rights
        by jpkeates
        Yes, the tenants have to take reasonable steps.

        But the OP didn't mention fans or ventilation and did mention opening the windows "when" bathing or cooking....
        03-06-2020, 14:25 PM
      • Mould/witholding rent/C19 eviction rights
        by Borischelski
        I wonder if I could trouble someone for advice, having recently become a Landlord for the first time ?


        BACKGROUND
        A year ago I inherited a small 1970s one bedroom flat in Birmingham.


        The flat was originally heated with a couple of electric bar heaters....
        02-06-2020, 09:37 AM
      • Reply to Mould/witholding rent/C19 eviction rights
        by MdeB
        No, you are telling them that they need to take reasonable steps such as removing excess water and ventilating the bathroom after showering.
        And, maybe, treating hte mould when it appears.

        In my shower room:
        1. I use a "squeegee" to remove most water from walls, screen, and
        ...
        03-06-2020, 14:20 PM
      Working...
      X