Rent Act tenant served with wrongful 1988 Act Notice.

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

    #46
    If your Dad's been there that long he should appear on at least the last two census counts and the electoral register for all those years.
    I offer no guarantee that anything I say is correct. wysiwyg

    Comment


      #47
      thanks jta,

      we have utility bills and stuff like that from the 80's
      Its the bit about showing "proof" that we payed rent thats the grey area, as Dad payed rent in *cash* to the Landlord from 87 to 91
      Although we have now obtained a letter from the landlord from that period stating "to whom it concerns" Dad payed rent for that period of time.

      Comment


        #48
        hello,

        A friend has advised us to try and get a "sworn statement" from the landlord during our 80's tenancy stating all that he has said in the letter he has already provided to us saying we paid rent to him in the 80's

        l would like to ask you guys do you think my Dad should also make a new sworn statement explaining his reasons for his own statement made in 99 where he said he didnt pay rent until 91.

        l remember the solicitor we used about 4 or 5 yrs ago mentioning that my Dads signing of all the papers ["sworn statement/ short let tenancy agreements] over the yrs was likely to have been under "duress"

        Comment


          #49
          up to you how to proceed but a statement from the ex landlord will really help.

          You should get it as a formal statement now as it could take some time to get to court. Likewise your dad needs to explain why his evidence now conflicts with earlier statement. It is an issue but I doubt its major - as long as the ex landlord continues to help.

          Solicitor should not have suggested duress in my opinion. The test for duress is high and you will need compelling evidence - I have not see any of the paperwork or gone through it but I think an argument of duress is grasping at straws and unlikely to get you anywhere fast.

          the ex landlord is impartial and not directly connected to the litigation - I would expect a judge to rely on his advice.

          even if you are Rent Act tenants why will that reduce your rent? I have not looked up into the Rent Act recently but as I recall (hazy) rent increases had to be agreed - why would previous agreements on rent not be binding?
          PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

          Comment


            #50
            Thanks Paul,

            thats good to hear your positive views on the 80's landlord stuff.
            We honestly thought he'd of told us to foxtrot oscar when we first approached him, but, he is even willing to stand up in court he said.
            l really don't know what position that would put him in with the taxman, having taken rent off us back then without giving us recipits, but he just said don't worry about me.
            l asked the situation before here about if we were proven to be rent act tennants and not assured tenants and was advised that we'd revert back to paying the rent that was regisitered on this property by the previous rent act tenant in the property before us, of which there is a rent registered of just £1200 per yr, and that rent is still registered and has never been removed, as l went down to the rent office some yrs ago and the officer there told me that.
            Someone also told us it would mean each landlord proberly trying to sue each landlord before them, over all this if we're proven to be rent act tenants.

            could you pls tell us Paul what a "formal statemet" is.

            thanks

            Comment


              #51
              now you mention the issue of registered rents it starts to ring bells again - its not often I have to consider Rent Act tenants - its quite rare!

              A formal statement would be a statement that is set out in a specific format that could be used in court proceedings.

              basically for a statement to be admissable in court there are certain things that should be in it.

              it is set out in parts 32 and 22 of the Civil Procedure Rules - links below

              http://www.justice.gov.uk/civil/proc.../pd_part32.htm

              http://www.justice.gov.uk/civil/proc...rts/part22.htm

              I would say to follow the provisions regarding an affidavit. It is a bit over the top but does no harm. Really it only needs to have the statemetn of truth bit at the end to be compliant as a witness statement.

              if you prepare statements now it protects your case incase worst case scenario - the ex landlord dies before any final hearing. At least in that situationif you have a witness statement its better than nothing!

              the issue between the other landlords is a matter for them, and again the tax issue is the ex landlords problem, however, just because it was paid in cash does not mean he did not declare it.
              PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

              Comment


                #52
                thanks Paul.

                After we contacted the landlord from the 80's a couple of yrs ago, we also paid painsmith solictors to dictate a covering letter which we could send to the landlords, us just stating we are rent act tenants.
                That one letter alone cost us £170. We havnt done anything since, as we always guessed like what your telling us we should get some type of affivid off the 80's landlord, of which l'm sure he'll have no problem doing, as he's already said he's happy to stand up in court if need be to say we pay rent to him back then.
                And you right we really need to start to get a move on on all this.
                Its all still a bit above me l think, but as my Dad and Mum want this all finally sorted out, l'm gonna try and do it.
                It would be bloody amazing if we got the rent down to £1200 per yr, we know we are rent act tenants, its just the stress of all the possible court stuff that worries us.
                Do you think once the current landlords recieved the affidavids from the 80's landlord and new affidaivd from my dad explaining that he didnt really realise what rights he was giving up by making the 99 statement, they'll maybe concede ???
                would you also pls be able to advise us a rough estimate of how much a solicitors would charge to draw up these 2 afidaivids ?

                Comment


                  #53
                  the landlords could concede, but if they dont and fight it you could get entangled in expensive litigation.

                  The cost of preparing the statements will depend on alot of things. Solicitors charge using hourly rates. There are recommended rates set for each court area, most firms will charge those hourly rates. the rate claimed depends how qualified the solicitor is. In my area a partner would charge £203 per hour and my band is £151 per hour (plus VAT).

                  The costs you incurred previously sound about right, but there is work involved in setting up a file so the cost for 'a single letter' appears alot higher.

                  The time it would take to prepare the statement can be reduced by you doing work in advance of speaking to solicitors. If you get a letter from the ex landlord that is in his words setting out the background the solicitor can use that to prepare the statement. Its the same with your father. its much cheaper that way rather than a 2 hour meeting with the solicitor taking instructions.

                  Have you checked whether you are eligible for legal assistance under the Legal Aid system? If not you can call me and I can discuss that with you (far far far too much typing to try and set out here!)

                  as a 'stab in the dark' legal costs for just the statements would probably be in the region of £400 (ish) for the statements but if you wanted the solicitors to fight your case it will be more.
                  PAUL GIBBS, solicitor, Jacobs & Reeves. My comments on this forum are correct to the best of my knowledge and belief. No responsibility or liability is accepted by reason of reliance upon such comments. This disclaimer would not apply to direct clients of Jacobs & Reeves where there is a valid retainer in place and I would be happy to confirm any advice if formally instructed. . Jacobs & Reeves now offer a fixed fee possession service.

                  Comment

                  Latest Activity

                  Collapse

                  Working...
                  X