Landlord Change & Threatened With Eviction

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

    Landlord Change & Threatened With Eviction

    Hi Anyone

    I have lived at a flat for the last 18months, originally signed a 6 month agreement and have never been asked to sign anything else, the rent has just been paid by standing order since then.

    I did post a while ago about the landlord dispossing of our possessions but am not sure how to post a link to this. I was advised that I could sue for compensation but if I did to expect a section 21 notification, so I chose not to.

    Today his daughter knocked at my door and wanted to know when we were going to move out as she was in charge of the premises. I told her to put something in writing and would reply accordingly. This evening the following was found under our door:-
    ----------------------------------------------------
    Dear Mr xxxxx

    Further to our discussion today I would outline below the points raised:-

    I would now confirm that I am in charge of the premises known as xxxxxxxx.

    Should you wish to stay at the premises then I need confirmation from you that you will vacate the first floor flat by Sunday, 1st August, 2010 and remove to the upper first floor flat.

    Alternatively if this is not acceptable to yourself then consider this as your formal notice in writing to vacate the premises by the 1st August, 2010.

    I am sure you are aware that your original Assured Shorthold Tenancy Lease with Mr. xxxxxxx expired on 12th August 2009.

    Unfortunately due to time restraints I need a decision from you in writing, no later than Wednesday, 7th July as to your intentions. Should you have any queries please telephone me on xxxxxxxxxxx

    Yours Sincerely
    --------------------------------------------------

    I am actually clueless as to how to reply as it appears my original Landlord has passed this on to his daughter.

    Does she still have to follow the s21 route?
    Do I have to reply, if so what the hell do I say. I do not wish to commit myself to anything at such short notice.

    Any help would be greatly appreciated.

    #2
    Do not regard her as L unless she has served you with at least:
    a. old L's Letter of Authority;
    b. Notice under s.3 of LTA 1985; and
    c. Notice under s.48 of LTA 1987.

    And stay put unless- thereafter- she serves a Notice compliant with s.21 of the Housing Act 1988 (assuming that your letting's within its scope).
    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


      #3
      Thanks for your prompt reply Jeffrey

      One question, does her letter not act as points b & c in your reply.

      Also if she is the new landlord am I within my rights to stop the current standing order which is payable to the existing landlord (her father).

      Sorry another question can she supply the above + a s21 at the same time.

      Comment


        #4
        Originally posted by davesu View Post
        Thanks for your prompt reply Jeffrey

        One question, does her letter not act as points b & c in your reply.
        No, she says only 'in charge of.

        Originally posted by davesu View Post
        Also if she is the new landlord am I within my rights to stop the current standing order which is payable to the existing landlord (her father).
        Yes- but you can't then deny that she is L!

        Originally posted by davesu View Post
        can she supply the above + a s21 at the same time.
        Yes- but, if I were you, I'd sit tight unless and until she serves proper items. Perhaps she has no authority at all from old L.
        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


          #5
          Sorry to post another question but how do I deal with and prove this. The fire alarm has been now been going on and off for the last 3 hours. The alarm is eir-piercing and if it continues will allow for no sleep, let alone relax. I have just contacted the police who say there is nothing they can do as it is a civil dispute. I requested that they made a log of the call but once again was told as it was a civil dispute blah blah blah, even though they could hear the alarm in the background. Although I am not sure who is now my landlord I have contacted them (both people have the same number) and all I was told 'is that's a shame we'll look at it tomorrow'.

          Comment


            #6
            Why and how is the fire alarm being activated?

            Is it being turned on from outside mischievously the flat or do you think there is a problem with the system?

            pm
            Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

            Comment


              #7
              Originally posted by davesu View Post
              Also if she is the new landlord am I within my rights to stop the current standing order which is payable to the existing landlord (her father).
              The daughter would only be the new landlord if she had bought the property from her father. From the sound of it, this isn't the case, and she is simply asserting that she is the LL's agent. Tell her she needs a letter of authority from LL proving this.

              "Alternatively if this is not acceptable to yourself then consider this as your formal notice in writing to vacate the premises by the 1st August, 2010.

              I am sure you are aware that your original Assured Shorthold Tenancy Lease with Mr. xxxxxxx expired on 12th August 2009
              ."
              This letter was dated 4th July. Aside from the issue of whether she has the authority to act on behalf of the LL, giving notice to expire on 1st August is insufficient/incorrect notice.

              If your original AST commenced on 13th February 2009 (therefore expiring 12th August 2009), then the statutory periodic tenancy commenced on 13th August 2009, and (assuming rent is payable monthly) the rental periods run 13th - 12th of the month.

              As such, a s.21(4)(a) notice served on 4th July would have to expire on 12th September 2010 at the earliest, in order to fulfill the requirement to give T at least two months' notice, and also to expire at the end of a rental period.

              Note that the tenancy does not end at the expiry of the s.21; it merely entitles the LL to commence possession proceedings after notice expiry.

              In addition, did you pay a deposit and has the LL protected it and provided you with the prescribed information? If not, any s.21 served before he does so will be invalid.

              Comment


                #8
                Originally posted by davesu View Post
                Sorry to post another question but how do I deal with and prove this. The fire alarm has been now been going on and off for the last 3 hours.
                If you mean a smoke alarm, are you able to remove the battery?

                Comment


                  #9
                  Sorry for the delay in replying but had to leave the flat as I couldn't stand the sound anymore. Have just returned and the alarm is still going off. The alarm system is situated in the basement of the flats, to which I have no access. It is obviously not a fire but It seems I am powerless to stop it. I have just phoned 999 (cannot think of any other action) and reported a possible fire, so I'll see what happens, sorry goto go I can here sirens.

                  Comment


                    #10
                    Are there any other tenants or flats in the building?

                    Is the fire alarm being set off, or caused to sound, to annoy you, harrassment?

                    If you believe the fire alarm is being set off deliberately to annoy you report it to the police again, I know they will not do anything but if this is a case of harassment then the fact that you have reported it, got a reference number from them, even if they fail to act, will be evidence in support if you have a claim later.

                    pm
                    Before acting on forum advice, you may wish to consult an expert, someone who has all the relevant facts, and who accepts liability for their advice.

                    Comment


                      #11
                      Yes, if there is a reasonable suspicion that the fire alarm has been set off deliberately, then it is a criminal act which the police should rightly investigate - suggest to them the follwing:

                      a. assault; and
                      b. harrassment under the 97 act.

                      By the way, I think your 999 call was probably the best way to deal with it. That way, the fire crew will lawfully break in and confirm whether or not there is a life threatening fire - and probably stop the alarm in the process.

                      Comment


                        #12
                        what happened?
                        Unshackled by the chains of idle vanity, A modest manatee, that's me

                        Comment

                        Latest Activity

                        Collapse

                        Working...
                        X