Please help? Unlucky!

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    #31
    Either way, it's cruel to forget about cats.
    'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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      #32
      Originally posted by jeffrey View Post
      No, it's about the rent unpaid and not 'arrears'. There is a difference.
      Genuine question: what is the difference between the two?

      The OP used the term arrears which is why I said that.

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        #33
        Originally posted by mind the gap View Post
        Either way, it's cruel to forget about cats.
        I thought it was "Cool for Cats" not cruel?

        Comment


          #34
          Originally posted by leeg View Post
          Genuine question: what is the difference between the two?

          The OP used the term arrears which is why I said that.
          If tenancy agreement has rent payable in advance on the 19th, and you miss 19th June, that is a whole month unpaid. However, on 26th June you are only 1 week in arrears (you have had one week without paying)

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            #35
            Originally posted by Snorkerz View Post
            If tenancy agreement has rent payable in advance on the 19th, and you miss 19th June, that is a whole month unpaid. However, on 26th June you are only 1 week in arrears (you have had one week without paying)
            Ah that makes sense. I'm used to reading arrears as being the same as unpaid rent. I often see the term 2/3/4 months arrears, when the rent is due monthly - hence the confusion.

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              #36
              'Rent arrears' looks back over time during which the property has been occupied but rent not paid; 'rent owing but unpaid' looks forward to a period in which the property will be occupied and for which rent payable in advance has fallen due, but not been paid.
              'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

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                #37
                Originally posted by Snorkerz View Post
                If tenancy agreement has rent payable in advance on the 19th, and you miss 19th June, that is a whole month unpaid. However, on 26th June you are only 1 week in arrears (you have had one week without paying)
                Yes. Also, the wording of ground 8 uses both expressions and so each one obviously means something different. See my underlinings in the text copied below:

                Both at the date of the service of the notice under section 8 of this Act relating to the proceedings for possession and at the date of the hearing—
                (a) if rent is payable weekly or fortnightly, at least eight weeks’ rent is unpaid;
                (b) if rent is payable monthly, at least two months’ rent is unpaid[;
                (c) if rent is payable quarterly, at least one quarter’s rent is more than three months in arrears; and
                (d) if rent is payable yearly, at least three months’ rent is more than three months in arrears;
                and for the purpose of this ground “rent” means rent lawfully due from the tenant.
                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).

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                  #38
                  Originally posted by jeffrey View Post
                  BUT s.8 can lead to possession rights for L during the fixed term; s.21 cannot
                  S21 can lead to possession at end of tenancy can it not (although not directly) ? S21 has to come before a claim for possession such as with Accelerated Possession Procedure. So it is required and can lead to a claim for posession right after.
                  Possibly mine is a mute point here but clarifying.
                  Chas

                  Comment


                    #39
                    Originally posted by Charles19 View Post
                    S21 can lead to possession at end of tenancy can it not (although not directly)?
                    Yes. My point was merely that, in contrast, s.8 possession can be achieved during the fixed term; s.21 possession cannot.
                    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


                      #40
                      Originally posted by jeffrey View Post
                      And so why do you believe yourself 'unlucky'?
                      I am unlucky because of several reasons. .....

                      The LL went to the extreme of having me arrested just to get his house back.
                      Daughter (16) suffered a horrendous crime two years ago. Husband left 7 months ago because he could not cope. No financial help so far from him. Then March this year, I get a letter from solicitors representing mortgage company saying home is being repossessed. LL has not paid the morgage.

                      I always was a good tenant. I have kept the property well kept. Rent paid.
                      The solicitors advise me to find other accomodation –don’t pay rent and get out. In reality I would have but then the following happened.

                      I told him to wait for a letter regarding the situation. Then he harrasses me. Phones 20-30 times per day for 10 days (this is the first time I have ever been in arrears)He would pound at the door. Shouting through the letter box. He rang my daughter (16) at school. Called 11pm at night. Even after I told him that we need legal council and will contact him via letter he still harrassed. The phone would ring for 30 times five times over. 30 times a day. Eventually after many people had told him to wait for legal response I picked up the phone at 11.45pm one night after ringing over and over and told him to "F-Off!! Told him to leave us alone and wait for due course. I begged him to stop harrassing me and daughter.

                      He went to the police and filed a complaint of racial hatred. Such a lie. Many of my friends are from different nations. Many Muslim. I myself lived 20 years in Africa and if anything feel the need for equality. ....................However that doesn’t mean anything to the police once an allegation has been made against you.

                      If it was not for my ex husband recording a conversation with the LL where he admitted five times that he did not actually hear me say the racial word I would have been arrested.
                      It was because of the recording that the LL quickly arrived at my husbands place of work white faced and promptly dropped charges.

                      I was a mess. Pacing the streets. Crying. Scared. I lost a scense of who I was and declined into the depths of the mess that I had previously suffered. Flashbacks, no sleep. I lost my part time job that week.
                      I quickly sank into a depression that I did not lift myself out of until this last weekend.
                      Im ok now as I see I need to be for daughter. I am unlucky because this whole thing was horrendous. Especially at the result of humans who really don't care about anything other than money. I consider myself a law abiding person. Not by fear but by choice and upbringing.

                      Luckily the police spoke to LL and told him to leave me alone. (they knew he was lying but that was not officially mentioned to me)

                      In addition I was accused owing the LL three months rent. £1500 by his lawyer

                      When I argued this it was then reduced to £1000

                      Then I argued again and told his lawyer to look at his receipts.

                      Next I get S21 from a different lawyer . ( I think his original lawyer realised where I was coming from)

                      Comment


                        #41
                        Free lady I have the greatest sympathy for your situation but had we known this ealier the kind of advice offered may have been very different. When did all this start?

                        The only other piece of advice I can give you is do not try and pursue a civil harassment case for compensation, it will cost as lot of money and you will probably lose because unless there is stuff you have not told us the evidence is all subjective. I was part of a string of tenants in the same house who suffered terrible harassment of the same kind a nature (the frequent calls, insane letters with crazy new clauses for the tenancy, she threatened to kill my 1 year daughter once and accused me of raping her the police). Three previous tenants tried a failed to get compensation in court for haressment, one managed to had their contract terminated because of it.

                        I guess it is too late now but you should have blocked the call from L using the BT right to refuse service

                        There is a saying that what comes around goes around and perhaps a nasty slow burn and agonising cancer awaits him in later life. I just created a website of the events that happened to me as they happened and it she has never been the same since, the social shame in the local commnity was too much for her. I still hope that she dies painfully though

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                          #42
                          But I think the point is that your opening line in post 1 was

                          'Landlord seeks accelorated proceedings based upon the fact that I have two cats which breaches the AST.'

                          whereas in fact you owe 5 weeks rent!

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                            #43
                            Agreed - Had your rent had been up to date, then I dont believe the landlord would have looked for breaching issues!

                            Matthew Henson - No one (no one) deserves can cancer.

                            Baz

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                              #44
                              Originally posted by Bazdaa View Post
                              Matthew Henson - No one (no one) deserves can cancer.
                              Got to agree there - Matthew, I respect your posts here and on other forums (and would love to know where your website is) but that remark was not your best.

                              Comment


                                #45
                                Originally posted by Snorkerz View Post
                                Got to agree there - Matthew, I respect your posts here and on other forums (and would love to know where your website is) but that remark was not your best.
                                Perhaps it you had shared the OP's experience and mine you may undertsand, my wife and I spend three years on anti depressants as a result, it was extremely traumatic as comes straight in to your own home. The particular indivdual my case most certainly deserves to meet a horrible end having done what she did us to four other people as well.

                                The website is now dedicated to my wife teaching career, it serves it purpose at the time.

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