Yorkshire Bank posession order on my flat - urgent help needed

[leeds1]

I have lived here about 2 years. I am up to date with rent. I have had loads of problems from landlord. I served my landlord a disrepair notice last year. never and still dont have a gas safety certificate. have paid twice myself for failed certificates. been to council for help. they have been useless and not helpful. my landlord has tried to evict me last year twice for trying to get him to do repairs etc.one time was an illegall notice.im not sure about the other one.

 

the bank have now taken the flat from him for not paying the mortgage. I got letters from Yorkshire Bank and Walker Singleton saying that they are the recievers.

 

I rang council again May 3rd, they said that my file had been closed and said "no further action" on it. since then someone has added to my file that I had refused access for a safety cert. (may 16th i got a letter from Health and safety executive stating this)it is not true,

 

I complained to council last year about landlord and gas cert and safety issues at the flat. they inspected the flat but did nothing. i continued paying the rent and struggled with my bills.

 

I got a further letter from Keeble Hawson solicitors saying they didnt think I had a tenancy and were applying in 7 days to court for posession of the flat.

 

I have obtained a copy of my tenancy (from the council - cant find original) and sent it to Keeble Hawson and Walker Singleton. including 10 documents of contact with landlord and council regarding flat and disrepair etc and another, new, disrepair notice dated May 25th.

 

I have paid again for a gas certificate. the engineer said it is one of the worst boilers he has seen, black soot and water all over the floor below, black soot all over front and up pipes etc. he has disconnected the boiler and gas fire and condemned the hob. (May 24th thursday last week.)

 

I sent copies of failed cert to HSE, Council, Walker Singleton, Keeble Hawson. I put the name of Walker Singleton receiver on the certificate as I believe them to be the now landlord. got no replies to my correspondence and emails until today.

 

Walker Singleton say that I had a section 21 notice (last year) and that they will get me some hot water but they want me to leave the property. They say that are ringing me later this morningit is now after noon. I have had not hot water, heating or fire since thursday last week. i notified them on friday.

 

I am no expert on this can anyone advise me on what I should be doing?

[Ell-enn]

You could try ringing Shelter - they may be able to intervene http://england.shelter.org.uk/get_advice/renting_and_leasehold

[leeds1]

i went to the site and filled a questionaire in, it says -

 

You are a fixed-term assured shorthold tenant

Your tenancy will continue as long for as the fixed term lasts. This is usually 6 or 12 months. Once the fixed term ends, you will become a periodic assured shorthold tenant, unless your tenancy is renewed for another fixed term. See the section on assured shorthold tenancies for more information about your rights.

Your landlord can only evict you during the fixed term if you break a term of the tenancy agreement - eg if you do not pay the rent or cause nuisance to neighbours.

If you need help, or your landlord is trying to evict you without following the correct procedure, Use our directory to find an adviser in your local area or call our helpline.

.....as I have been here for nearly 2 years and the contract was originally for 1, it seems I am a periodic assured shorthold tenant.

[leeds1]

I received this email this morning. from the receivers, Walker Singleton

Thank you for your e-mails of 25 May and 28 May.

Firstly, I confirm that David XXXXX and myself of this company are appointed LPA Receivers of the property by the Yorkshire Bank to whom the property is mortgaged and as a result, the receivers have now taken over full control. Whilst XXXXXXXXXXX remains the registered owner of the property, all dealings must now be undertaken via the receivers/their office.

I have provided answers below to the specific questions you have raised.

I note the repairing issues affecting the property, particularly the gas installations that have been condemned. Clearly, given the condition, it is not practical for you to continue residing at the property and arrangements need to be made for you to vacate. Indeed, I note from the documentation supplied that Mr XXXXXXX served a Section 21 notice bringing your tenancy to an end on 27 November 2011. I will contact you later on this morning on the number previously supplied to discuss the position and in the meantime, will make arrangements for some form of temporary hot water to be provided.

They havn't rung yet and I am still waiting.it is now 4pm.

[Ell-enn]

Did you ring and speak to anyone at Shelter ?

[leeds1]

No, I havn't been able to contact Shelter yet. I went on their site and found out what type of tenancy I had, tho and I believe it to be that I am a periodic assured shorthold tenant.

 

I will ring them first thing tomorrow, when I have a list of the times, dates and letters that show that I have tried to sort this out.

 

Their solicitor, Keeble Hawson wrote and said that unless they saw my tenancy in 7 days that they would start proceedings against me. That would have been on the 17th May, twelve days ago.

 

I rang the court on friday (25th May) and they confirmed that there has been nothing lodged against me and that I should have been notified by the claimant if there is.

 

However, I have been doing some research and it seems that sometimes they can push through a 14 day possession order without telling the tenant.

 

I will ring the court again tomorrow.

 

I rang Keeble Hawson after I served them with a disrepair notice and gas fail certificates. They were very evasive and said that I would need to deal directly with Walker Singleton as they were no longer handling the property for them. I asked for them to confirm this in writing and they said that they could not do this until they had seen a tenancy. I sent them a copy yesterday and asked them to contact me and state their position. I have not heard from them yet.

 

I sent the same to Walker Singleton with the Name of their agent on the gas fail certificate as the landlord, as they are saying they are now controlling the property. so far I have only heard via an email which is copied in a post above this one.

 

The council inspected the property last year after I complained to them about my landlord trying to unlawfully evict me for complaining about the state of the place and the lack of gas certificate etc in September.

 

They wrote to him and gave me a copy of the letter. They warned him to give me notice before he turned up and to follow the correct procedure if he wanted to regain posession of the property. They didn't mention the lack of a gas safety certificate in the letter but were aware that there was not one for the flat. They said that unless they were not working at all, then there was nothing I could do.

 

 

 

I gave my old landlord (owner) the disrepair notice following months of failed promises to put things right in November last year.

 

also, the Council inspected the house in November under Section 4 (1) or (2) to determine whether any functions under part 1,2,3,4or7 of the Housing Act should be exercised.

 

I sent copies of letters to both Walker Singleton and Keeble Hawson.

 

I believe that the possession notice the landlord tried to use on me last year was illegal. This is the section 21 Assured Shorthold Tenancy notice requiring posession on 27 Nov 2011 that Walker Singleton are now referring to.

 

I still havn't heard from anyone yet regarding the lack of hot water etc here.

[leeds1]

I rang Shelter today, they were very helpful and I am waiting for a call back.

They think that the section 21 notice from last year was invalid, so the receivers cant use that against me.

They say the notice also cant be used because the landlord didn't put the bond into an account.

 

I also rang the court and no one has started proceedings to regain possession of the flat.

 

I am still waiting to hear from Walker Singleton and Keeble Hawson.

[Ell-enn]

Glad you managed to speak to Shelter - I thought they'd be able to help

[caro]

I'm afraid it's quite possible that WS will want to sell your home. How long is left on your current tenancy?

[leeds1]

I would really like to move from here and without having to start or be part of legal action.

 

I havn't signed the solicitor release forms ( for legal aid ) and instead I have spoken to Walker Singleton myself a few times.

 

The bank have (via Walker Singleton) offered me a sum of money ( via an email) to move out.

 

As this is in an email, is this legally binding?

 

How does this kind of thing usually work?

[leeds1]

I asked them for a copy of the "prescribed information" regarding the bond.

 

because the bond was not put into a bond account, Walker Singleton said that I would have to go directly to my landlord to retrieve it and that they could not legally refund it.

 

then the next day, they sent me an agreement to sign. I don't agree with it.

 

there is no mention of the fact that I am moving out at their request because the house is in disrepair.

 

( i still have faulty electrics, no boiler, gas fire, hot water etc. it has been over a month now. Because of the damp and now no heating whatsoever, areas of the house are deteriorating and fur is growing on things faster then before.)

 

they also have now put that they are refunding the £600 bond.

 

I think that signing this would effectively be creating a new bond or be altering the legal status of the old bond.

 

I have sent them this..............

 

17th July 2012 Dear Mr Dxxxxx,

 

As you are aware, the bank will not release any funds until I can actually physically move out of this, my current, property. Unfortunately, I have no way of securing the funds to move out as I am on benefits.

I have tried for a crisis loan and a budgeting loan but have been refused as there are so many other people who have had loans this way and there are little funds available and strict criteria to be adhered to in order to qualify.

On May 29th, in your first email to me, following your letters which said that the receivers had taken over full control and that all dealings must be with you and not my landlord, it was you who said that I should leave the property and noted “the repairing issues affecting the property, particularly the gas installations that have been condemned. Clearly, given the condition, it is not practical for you to continue residing at the property and arrangements need to be made for you to vacate”. You also said that you “will make arrangements for some form of temporary hot water to be provided”

it is now over 6 weeks that I have been without central heating, hot water, a gas fire etc. The damp in the flat is thriving as there is no heat on the property and mould spores like fur is growing rapidly on anything slightly damp.

I cannot have a bath, I cannot dry clothes and bedding indoors. I have to boil the kettle for hot water. There is an electric shower in the cellar which leaks and is causing further damp. There is fur growing on books and it is destroying things. The rain we have had recently has made it impossible to dry things on the line and I am suffering as a result. It is important that the situation is addressed and should I have to stay here until I can secure the funds myself to be able to move, I will need some form of heating and hot water as this is becoming intolerable and is having a profound affect on my mental and physical health.

I ask that you re word your agreement to clearly show that you are compensating me as I now have to leave a house that you have decided is unfit for me to continue residing in.

Further, I am reluctant to sign for what appears to be another bond.

On June 19th in an email, I asked for you to clarify the situation. I also asked you for a copy of the prescribed information regarding my deposit or bond of £600 and to then suggest afterwards and in your agreement that you a refunding the bond back to me is a contradiction of what you had already said to me. Following my request for the prescribed information , you replied by email and said, “On the basis that we have not been provided with these funds, any action you would propose to take for recovery of the deposit would be directed at the landlord”. I take this to mean that without the prescribed information you can not refund it to me as you are not in a legal position to be able to.

 

Should you now wish to deduct £600 from your final offer of £xxx, then I will assume that you have made and error in asking me to sign for the return of a £600 non protected bond and I will have to apply through the courts for a correct refund.

 

Following you telling me that I would have to move, I told you that there was chance of me moving to another property but unfortunately I am not in a position to secure the funds needed to complete the application and the move. This has also cost me £150 for the estate agents fees to do a credit check on me, which I passed.

I am stuck here and only want to leave and I have no way available to me for me to secure the funds needed to get out of this house as soon as possible and into another.

In order for me to try and save the application I have started, I feel that I may have no alternative other than to apply through the courts for the return of my bond in order to secure the cash that I will need to be able to move out of my current property and then for you to be able release the funds that you have offered to compensate me for having to leave.

I believe that this whole process could be sped up with your assistance and if funds were made available to me, I could secure the house and move within a week or so. This would undoubtedly help everybody concerned, therefore I am offering a proposed new agreement

 

Full and final settlement of £xxx. To compensate for inconvenience due to the house been unfit for habitation and due to needing to vacate the property.

Half ( £xxx) to be paid by transfer before I move out.

And half (£xxx) to be paid by transfer on the day that I have moved out.

Further, I will sign the agreement to say that I will make no attempt to collect my bond through the correct legal process and I will therefore be forfeiting my original bond in order for you to collect it and to speed up the process of leaving this house.

I also will forfeit any future claim on the property so that you know this is the full and final conclusion to this unfortunate situation.

[caro]

This really is scandalous leeds1. I've read plenty of posts from the landlords side about WS tactics of not repairing properties and forcing tenants out, but this is the first I've really seen from the tenants side.

 

There's a link here to the Health and Safety Exec's site which gives information on what you should expect as regards gas safety, and what you can do if your landlord or whoever is managing the property is not meeting their legal requirements. http://www.hse.gov.uk/gas/domestic/faqtenant.htm

[leeds1]

I have spoken to the health and safety executive a few times. They were helpful and it was them who contacted WS ( and got them to respond to me) as they were ignoring the new disrepair notice that I sent them and the failed gas safety certificates.

 

The Health and Safety Executive said that they could do things to enforce the safety of the flat but as there was now no risk of explosion as the gas items were condemned and now disconnected, there was little that they could do. I let it go as, by then, WS had been in touch.

 

However, WS havn't been in touch since I sent them the above letter 3 days ago.

[leeds1]

27th July 2012

 

I have still had no contact from Walker Singleton. it is 12 days since I sent the above email.

 

I tried to send the following brief email but it failed so I have forwarded it to the Associate Director, Mr Paul Andrew.

 

"Dear Mr DXXXXX,

 

It is now nine weeks that I have been without hot water and basic facilities.

 

Please would you acknowledge my emails and requests for urgent attention."

[caro]

Might be worth trying your council's Environmental Health department. I know this probably isn't your council but it mentions their responsibilities. http://www.towerhamlets.gov.uk/lgsl/651-700/661_housing_health_and_safety.aspx

[leeds1]

19 days and still no reply from WS. I have sent them this to forward to my landlord:

 

I am writing to you via Walker Singleton who have told me that all contact should now be done through them.

I am concerned that Walker Singleton have made little attempt to manage the property or to collect rent on the property.

I have not heard from them for weeks.

As you know, I have always paid the rent and I consider myself a good tenant. You may not think so because I gave you a disrepair notice but I was at my wits end and both you and your father had repeatedly said that you would put things right.

The boiler was old and it has now been condemned along with the fire. Walker Singleton said that they would send someone round to see about getting hot water connected for me. This was in May and now we are in August. I have still got no hot water, central heating, gas fire etc.

I have a feeling that the man who was sent by Walker Singleton was actually a valuer who had come to value the property and that he did not come to see about getting hot water connected.

I did not give Walker Singleton permission to come to the house to value it. Can you confirm to me whether Walker Singleton have had the property valued and if so when?

I feel that it is important that we compare what Walker Singleton is saying to each of us.

Please would you contact me at your earliest convenient time to me to discuss the situation.

[caro]

Have you tried contacting your environmental health department for advice leeds1?

[leeds1]

24 days since I heard from Walker Singleton.

 

i contacted environmental health again. ( it was them who got Walker Singleton to contact me in May )

 

what a surprise, Walker Singleton have been in touch today.

[leeds1]

The environmental health have contacted me today also.

they have been in touch with Walker Singleton.

they are looking into why I am still here and what WS have done to help me.

they have given me a direct number to them and have taken over and will now be dealing directly with WS for me.

they will send a visiting officer round.

they are not happy that there has never been a gas safety certificate at the property and that the council have done nothing to help me despite doing an inspection last year.

Walker Singleton have told them that we have agreed terms for me to move out. This is not true.

[patrickq1]

LET ENVIROMENTAL HEALTH KNOW THAT THEY HAVE LIED TO THEM AND PUT THIS IN WRITING DO NOT DO IT OVER THE PHONE AS THEY CAN DENY RECEIVING THE CALL SO IN WRITING AND ALSO SEND A COPY LETTER TO ws THT THEIR STATEMENT THAT YOU AGREED WITH THEM IS UNTRUE AND YOU DEMAND A COPY OF SUCH AAGREEEMENT LOL THAT SHOULD SET THE CAT AMONGST THE PIGEONS GOOD LUCK

PATRICKQ1

[patrickq1]

Sorry Caps lol