My Landlord Wants to Evict me Because I continuously asked for new appliances

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

    My Landlord Wants to Evict me Because I continuously asked for new appliances

    Hi All,

    I came across this forum via Google & decided that this would be the best place for me to get some advice. I have been put in quite a dilemma & my situation is pretty dire right now.

    I share a 5-bedroom flat with a few friends of mine. We are all renting through Blix Agency. I have always paid my rent on time & have not given them any problems with regard to late payments etc. I have been living there for about 9-months (it was a 4-month breakable clause). The house was recently plagued by a number of issues, such as non-functional microwaves, dishwashers, ovens, washing machines, a broken garage door (which compromised our security) etc. None of these issues were caused by us. In any case, I have been constantly chasing them to have it fixed & my emails have gotten harsher over time as nothing has been done by them. I just sent them an email yesterday, to which they replied –

    “I am writing to notify you that your contract agreement is coming to an end and will not be renewed. Please take this as your one months notice and vacate the premises by the 8th July 2010.”

    I am the only tenant who has received this notice. I am taking the entire blame just because I was the voice of the house & sent the emails in my name. Do they have a right to do this? I definitely do not want to leave the premises. I even called the landlord (the man who owns the property) & he informed me that he has no intentions of having me evicted. However, I can not mention that to the agency because apparently the landlord is not allowed to contact the tenants & I do not want to jeopardize his relationship with them.

    Please help me out here guys. I am pretty close to having a meltdown & really have no idea what to do.

    Thanks in advance for any information.

    Cheers,
    Rusty

    #2
    Can you tell us if the agreement on the property is one contract with all tenants on, or do you all have individual contracts? Does the landlord live in the same building?

    Is the rent on the whole building over £2083 per month and are you in England/Wales.

    Even without that info, I can tell you that one months notice is unlikely to be sufficient.

    Comment


      #3
      Originally posted by Rusty13 View Post
      I even called the landlord (the man who owns the property) & he informed me that he has no intentions of having me evicted. However, I can not mention that to the agency because apparently the landlord is not allowed to contact the tenants & I do not want to jeopardize his relationship with them.
      Of course the landlord is allowed to contact his tenants! The agency works for the landlord, and has no say in the contact the LL wishes to have with the T.

      If this is what the LL has told you, then he's trying to fob you off.

      Comment


        #4
        Many thanks for your reply.

        We all have individual contracts. It was originally a 9-month contract, but it automatically turns into a monthly contract unless any notice has been given by the tenant.

        It is a house and the landlord does not live with us.

        We are in London, England and the rent on the whole house is about £3600.

        Comment


          #5
          Originally posted by Rusty13 View Post
          We all have individual contracts. It was originally a 9-month contract, but it automatically turns into a monthly contract unless any notice has been given by the tenant.
          1. What date (dd/mm/yy) did the fixed term commence?
          2. Does it specify an end date?
          3. Did you pay a deposit and if so, is it protected by a scheme?
          4. Do you know if the property is a licencable HMO? If so, is it licenced?

          Comment


            #6
            The fixed term commences on the 08/06/10 (today), exactly one day after they sent me my vacation notice

            I paid a 6 weeks deposit and it is protected by a scheme

            I don’t know if the property is a licencable HMO or licenced, how can I check this?

            Comment


              #7
              Originally posted by Rusty13 View Post
              The fixed term commences on the 08/06/10 (today), exactly one day after they sent me my vacation notice
              No, I mean the fixed term of your tenancy agreement. Probably the same day you moved in. It'll be written on the agreement as something like '...a term of nine months commencing 20th November 2009'.

              I don’t know if the property is a licencable HMO or licenced, how can I check this?
              Call the local council. They will have an HMO licencing department.

              Comment


                #8
                Apologies, the tenancy agreement was for a term of nine months commencing 8th September 2009. I dont have the information about the HMO right now, but when I do I will post it.

                In any case, do I have any argument in this matter? Does the agency have the right to evict me against my will when the landlord does not have an issue & does not want to have me evicted? Can I put up a fight or should I go to the agencies office & request (beg) them to take me back? Are they just trying to scare me?

                Comment


                  #9
                  No. Your only contract is the Letting Agreement, between L and you.
                  L is in charge. The Letting Agents are not. Deal direct with L and complain about how the Agents treat you.
                  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


                    #10
                    You appear to have what is known as a "Statutory Periodic Tenancy". The agent/landlord can not evict you without a court order, but before applying for that they have to give you a minimum of 2 months notice - that's the law!

                    Details are here...

                    Landlord does not have to have a reason to evict you once the fixed term has ended (yesterday 7th June). The notice you have been given is invalid, so the landlord will have to re-serve the notice. Now your fixed term is over, it will be under section 21(4)(a), and that notice can only end on the 7th of the month - so you are safe until at least 7th September.

                    ===============================

                    Don't beg - you are worth more than that!

                    Comment


                      #11
                      Thank you so much for the responses guys! It makes me feel a lot better. I have a meeting with the agent tomorrow & I will specify everything that you mentioned.

                      FYI, the house is licensed under the HMO.

                      Comment


                        #12
                        Originally posted by Rusty13 View Post
                        Thank you so much for the responses guys! It makes me feel a lot better. I have a meeting with the agent tomorrow & I will specify everything that you mentioned.

                        FYI, the house is licensed under the HMO.
                        If the agent recommends your tenancy is not renewed, the landlord or the letting agency on behalf of the landlord is very unlikely to renew it.
                        Allow tenants to protect their own deposits. I want free money when they do it wrong

                        Comment


                          #13
                          In any case, do I have any argument in this matter? Does the agency have the right to evict me against my will when the landlord does not have an issue & does not want to have me evicted? Can I put up a fight or should I go to the agencies office & request (beg) them to take me back?
                          As I said in a previous post, if it was the LL who told you he wasn't 'allowed' to talk to you, then he may be fobbing you off - in which case, he could well be secretly supporting the decision to give you notice.

                          The only way you can 'fight' being evicted via s.21 procedure is on the basis that the notice was invalid (either too short, wrong expiry date, deposit not protected, etc). But, in the end, you'll only be delaying the inevitable.

                          Comment


                            #14
                            Originally posted by jeffrey View Post
                            The Letting Agents are not. Deal.
                            Unless, accordingly to discussions on previous threads, the letting agents exceed their authority without notice to T, and start eviction proceedings in the name of the LL.

                            Comment

                            Latest Activity

                            Collapse

                            Working...
                            X