Rent Act tenant served with wrongful 1988 Act Notice.

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    Rent Act tenant served with wrongful 1988 Act Notice.

    Hello,

    My Parents were recently served a Section 8 notice which we proved eventually to be totally inaccurate, and eventually recieiving a written apology over this matter from the Landlords.
    Due to numerious different landlords buying and selling the block of flats my parents live recently, because of paperwork error's on the current and past landlords, the current landlord assumed incorrectly that we had been in arrear's for the last 2 yrs.
    We attempted to no avail over the phone to explain their obvious paperwork error's along with sending them our own written proof of no rent arrears, but unfortunately this all went on deaf ear's, and the landlord said they would not remove the section 8 notice and they'd see us in court.
    At this point we employed an "Advocate" recormended to us by a friend, who wrote some letters and also emails to the Landlord. After a further week. due entirely we believe to this forceful yet clear letters stating that we were not in arrears, the landlord finially admitted that it was infact an error on the part of the managing agents company he employed to oversea the day to day running of our home.
    The advocate charged us £40 per hour for their services, which amounted to £245 in total.
    Without this advocates intervention we are sure the landlord would of taken this matter to court, albiet possible due to my parents being unable to explain and prove they were not in arrears as clearly and precisly as the advcote did.
    l have talked to the landlord today requesting that he cover our costs for incorrectly serving the section 8 notice, wherby we had to to seek advice at a cost to ourselves.

    Could anyone pls help us and tell us how to "word" a letter to the landlord saying that he either pays our costs or we will deduct those costs from our next rent.
    And obviously pls could you also let us know if we are allowed to take such action.
    Thank you.

    #2
    sorry!!
    l forgot to mention the Landlord said over the phone he is not willing to accept paying the £245 costs we incurred or any amount.

    if anyone could tell me how to "word" a short letter to him requesting he pay those costs or we'll deduct it from the next rental payment, we's be very grateful.
    Of course if we are legally entittled to do this.

    thanks

    Comment


      #3
      Tell L that he ought to recover (from the incompetent agents) any payment to you; but don't let him make recovery a pre-condiition.
      If he refuses, perhaps your "Advocate" could advise about suing him?
      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


        #4
        Thanks Jeff.

        The thing is we just don't have the money to use the advocate now.
        Can't we just deduct the the £245 from the next rent payment, after telling the landlord this is what we intend to do in writing?
        We are not to sure how to word this letter though.

        Comment


          #5
          Originally posted by montana View Post
          Thanks Jeffrey.

          The thing is we just don't have the money to use the advocate now.
          Can't we just deduct the the £245 from the next rent payment, after telling the landlord this is what we intend to do in writing?
          It's asking for trouble if you do- L will claim that you're in arrears- even if ultimately a Court holds that you're right and L's not.
          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


            #6
            thanks Jeff,

            but isnt that exactly why your allowed to deduct money from the Landlords rent because legally you believe your in the right?
            And he's already admitted in writing that the issueing of the section 8 notice was in error.
            The stress alone it caused my parents in trying to explain things to him and showing him proof which he totally ignored for 2 weeks surely is something in itself also, which we are not even asking for any costs over. We are just asking for our costs payed to the Advocate.

            Comment


              #7
              Originally posted by montana View Post
              thanks Jeff,

              but isnt that exactly why your allowed to deduct money from the Landlords rent because legally you believe your in the right?
              And he's already admitted in writing that the issueing of the section 8 notice was in error.
              The stress alone it caused my parents in trying to explain things to him and showing him proof which he totally ignored for 2 weeks surely is something in itself also, which we are not even asking for any costs over. We are just asking for our costs payed to the Advocate.
              Not quite. Yes, T can deduct (from rent otherwise payable to L) costs which L owes to T under the Tenancy (e.g. that T spent but that L should have spent); but that is not unilaterally extendable to anything that T thinks of wanting to claim!
              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


                #8
                I am quite sure that this "advocate" can advise you verbally if he thinks that a legal claim for these expenses is viable and if so then surely his costs will be added to the claim.

                P.P.
                Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

                Comment


                  #9
                  Thanks Jeff,

                  so basically its not advised we deduct our costs from the rent, for the reason of having to deal with an unlawfully issued section 8 notice issued by our landlord?
                  Does that mean if we wanted to get our money back we'd best take out a claim at the small claims court ?

                  Comment


                    #10
                    Originally posted by montana View Post
                    Thanks JeffREY,

                    so basically its not advised we deduct our costs from the rent, for the reason of having to deal with an unlawfully issued section 8 notice issued by our landlord?
                    Does that mean if we wanted to get our money back we'd best take out a claim at the small claims court ?
                    1. Yes.
                    2. Yes.
                    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


                      #11
                      Originally Posted by montana
                      Thanks JeffREY,
                      Looking forward to seeing the next iteration of the "rey" - I'm expecting in to be in bright red, size 7 font...

                      Comment


                        #12
                        Originally posted by Ericthelobster View Post
                        Looking forward to seeing the next iteration of the "rey" - I'm expecting in to be in bright red, size 7 font...
                        El rey le veult.
                        [Sorry to anyone who likes Spanish or Law French]
                        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


                          #13
                          Thanks Jeff,

                          Can anyone please tell us how much time we should give the landlord the opportunity to pay our costs ?

                          We have not demanded the money in a letter yet, just he has refused point blank so far over the phone to pay any costs.

                          Do we write a letter telling him if he has not payed our cost in the next 7 or 14 or 28 days for example, we shall consider taking him to the small claims court to recover our loses ?

                          Comment


                            #14
                            Don't learn do 'e.
                            I offer no guarantee that anything I say is correct. wysiwyg

                            Comment


                              #15
                              Hi,
                              Can anyone please tell me the amount of reasonable time we have to give the Landlord in asking for him to to pay back our costs incurred, due to him wrongly issueing a Section 8 Notice ?
                              Can we threaten to take him to the small claims court in :
                              7 days , 14 days, 28 days ??? if he doesnt reply to our letter asking him to pay our costs. ???

                              Comment

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