Section 21 Notice To Quit, DDA 1995

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

  • Section 21 Notice To Quit, DDA 1995

    Hello.
    My landlord is evicting me because the council pay my rent every 4 weeks and the landlord wants to be paid 12 times a year not 13 times per year. It always looks like i owe them rent arrears. the council moved me in here and paid my Depoist and rent in advance through a scheme called the Rent depoist scheme. since 22/11/2007 the landlord has been sending me letters claiming that i owe rent. The council keep telling me they will sort it out for me, aal that has happened is me been given NTQ. The council pay the landlord direct,

    I was given my first NTQ on 17/09/2008, the court struck out the claim because of a defect on the NTQ. I have now been sent a new NTQ which has 11 errors in it, i understand that only a court or time can invalidate the NTQ??. Can anyone tell me please if i am right.

    I am a disabled person so i am plannig on using the Disability Discrimination Act 1995, as a defence. the DDA 1995 states that , it is unlawful to evict a disabled person or to subject him to any other detriment. I want to test the law and maybe take my case to the High court or House Of Lords.

    I was in the Hackney gazette you can read my story from there website Hackney gazette Digital Edition 25/12/2008

    The first NTQ was strck out because it said, The Housing Act, it should of said The Housing Act 1998
    Last edited by neiljones; 23-03-2009, 12:11 PM. Reason: add more to it

  • #2
    Originally posted by neiljones View Post
    I am a disabled person so i am plannig on using the Disability Discrimination Act 1995, as a defence. the DDA 1995 states that , it is unlawful to evict a disabled person or to subject him to any other detriment.
    Not quite. You've omitted the words to the effect of "[subject him to any other detriment] for a reason related to his disability".

    From what you have said, it appears the landlord is seeking possession because of irregularities in your payment record. However, a s.21 notice does not require the LL to give reasons.

    Please detail the errors in the s.21 notice, as these will probably give you more hope of success.
    Health Warning


    I try my best to be accurate, but please bear in mind that some posts are written in a matter of seconds and often cannot be edited later on.

    All information contained in my posts is given without any assumption of responsibility on my part. This means that if you rely on my advice but it turns out to be wrong and you suffer losses (of any kind) as a result, then you cannot sue me.

    Comment


    • #3
      For a landlord to issue a section 21 notice seeking possession, it does not require a reason. It does however need to be free of defects, as you appear to know. If you have spotted errors, there is no need for you to point them out to your landlord (unless you want to). Either your landlord will notice themself and issue yet another section 21 notice or if it gets as far as going to court the judge will reject it.

      One day your landlord will get their act together. In the meantime, are you doing anything to find alternative accommodation that you are happy with and are not rushed into accepting?

      Comment


      • #4
        section 21 Notice to quit

        Hello,
        Thank you for the replys, the council will not rehouse me until i have a possession order, i am waiting for the council to rehouse me. I am not working due to illness. I do not have the money to find my own place to live i am at the mercy of the local council

        Comment


        • #5
          Originally posted by agent46 View Post
          Not quite. You've omitted the words to the effect of "[subject him to any other detriment] for a reason related to his disability".

          From what you have said, it appears the landlord is seeking possession because of irregularities in your payment record. However, a s.21 notice does not require the LL to give reasons.

          Please detail the errors in the s.21 notice, as these will probably give you more hope of success.
          Some of the errors are, they have put section 24 (4) of the housing act. they have not put which flat they want possession of, the date of expiry is wrong they have put 17th April, it should be the 16th april 2009.
          This NTQ was sent by a solicitors, a 10 year old would of done better on there Home Computer.

          Comment


          • #6
            Originally posted by neiljones View Post
            Some of the errors are, they have put section 24 (4) of the housing act. they have not put which flat they want possession of, the date of expiry is wrong they have put 17th April, it should be the 16th april 2009.
            This NTQ was sent by a solicitors, a 10 year old would of done better on there Home Computer.
            Er, when alleging others' errors, consider one's own? Pot/kettle/black.
            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

            • When do tenants' requests go too far?
              Suzy76
              Tenants moved in at the beginning of the year and have issued a stream of requests/demands since then, the main ones being

              - After signing the contract but before moving in, requesting that I change the wallpaper in one room as they decided they didn't like the colour
              - Asking to...
              12-07-2017, 16:46 PM
            • Reply to When do tenants' requests go too far?
              Landlord1206
              If you trust the tenant I would allow them to decorate upon approval. To agreed specifications and at THEIR EXPENSE. This improves the property and keeps them happy. I have had this happen, new paint colour in lounge. More difficult in your case with a new tenant so I would have said wait and see....then...
              23-08-2017, 11:18 AM
            • Private letting advice
              xNicolex
              My partner and I have recently moved into a private let with our 7 month old son.
              now the flat was in a right state when we moved in - bathroom hadn't been cleaned, kitchen was a mess, oven absolutely caked in grease from the previous tenant (it still is, I refuse to clean it so I'm just not...
              23-08-2017, 08:28 AM
            • Reply to Private letting advice
              xNicolex
              Wannadonnadoodahl - a few of the issues were noticeable when we moved in, however the landlord reassured us they would be dealt with within a week or two, its now been 6 weeks

              JK0 - we aren't on any benefits, we both work and have been full rent of £150 a week, which feels like robbery...
              23-08-2017, 11:05 AM
            • Reply to Private letting advice
              Landlord1206
              Not sure if you have a gas cooker or not. Either way, please check that you have a valid Gas Safe certificate. You do not mention the boiler but given the other issues, I hope this is safe for you.
              You may wish to ask for a PAT on any electrical items.

              Not sure why you moved in given...
              23-08-2017, 11:02 AM
            • TT not leaving
              johnson13
              A friend of mine (LL) rents his property through an agent and has asked them to get the tenant out as he's coming back to live in it. The agent served a S21 notice which is due to expire soon (we'll check, but for the purposes of this post assume that everything has been served correctly and the notice...
              23-08-2017, 09:00 AM
            • Reply to TT not leaving
              Darth Wookie
              The tenant may be 'morally' in the wrong, but is legally in the right. They have no outright legal obligation to leave at the end of the tenancy agreement, which can only be truly ended by the court. In essence, the court are the 'adjudicators' of the contract and decide whether to enforce it or not....
              23-08-2017, 09:43 AM
            • Reply to TT not leaving
              jpkeates
              The current tenancy continues until the landlord has recovered possession (or the tenant serves notice) so there's no danger of a new one coming into being accidentally .

              The tenant is awarded costs if they lose, which is pretty standard in legal cases. If the landlord loses the case, the...
              23-08-2017, 09:38 AM
            • Reply to TT not leaving
              johnson13
              Ok, thanks. This seems to imply that the tenant is in the wrong by not leaving then.

              The notice might as well say, "you don't have to leave when this notice expires, but you'll have a large legal bill if you don't."



              Thanks again.

              Is this...
              23-08-2017, 09:19 AM
            • Reply to TT not leaving
              jpkeates
              The landlord can carry on accepting rent, which is due until the tenancy ends.

              The tenant has every right to stay, as the landlord's notice doesn't actually end the tenancy. To bring the tenancy to an end, the landlord will need to go to court. If the landlord is successful, the tenant...
              23-08-2017, 09:12 AM
            Working...
            X