Fighting a notice to quit

[AnnaMC]

Hi

 

I have been served with a notice to quit on my home, because the landlady is selling to a developer. I have been at the property for two decades. I signed one tenancy agreement in that time - with a previous owner - the original one when I moved in. It was initially for six months but he said if all went well after that I could stay as long as I want.

 

I have never missed a rent payment. Have kept the property in good repair - even paying for improvements like a new shower, new bath. Replacement of worn work surfaces in the kitchen, replacement taps. Plastering work after a flood. Plus countless other repairs like changing washers etc. The landlady did not refuse to do repairs she just ignored my requests. I am lucky I had family able to do the jobs for me.

 

The notice came completely out of the blue and I am devastated. Apart from the fact that I love my home I am suffering from chronic illness and am completely priced out of the area

because I am dependent on HB to pay the rent - the shortfall between what landlords want and HB pay is approx £100 per month.

 

There are a coupe of issues I would like advice on.

 

The landlady secured my deposit last year, but the letter from the protection agency came with the wrong address on it and it was for the wrong amount. I wrote and told them this and they said it was the landlady’s responsibility to sort it and she needed to submit a copy of the tenancy agreement. It would seem the agreement she used was one she claimed I had signed in 2003 - which I hadn’t. So my deposit was secured using forged documents. She refuses to give me a copy of this agreement and instead insists that I send her a copy of my original one with the previous owner. I have not done this yet.

 

My first question is this - is my deposit secured - do I have the right to ask the deposit protection company for copies of all documentation (is this covered by the data protection act) and do I have grounds to fight the notice to quit I don’t particularly want the stress of this but I need some time to get a deposit together and perhaps look at other alternatives via the council etc. 8 weeks may not be enough.

 

My second question is if I do fight the eviction what is the timescale involved. How long do I have before I will have to leave my home. Best case and worst case scenario?

 

Thirdly can I charge my landlady for the work I have done on the property? This would help no end toward the cost of moving. I have paid her almost £60,000 in rent since she took over (most of it from my own pocket- before I was ill) and she has paid nothing towards the upkeep.

 

Many many thanks in advance for any advice anyone can give me.

 

Best wishes

 

Anna

[mariner51]

Anna,

We need to know when T orig commenced (mm-yyyy) with orig LL and whether/when new LL served s48 Notice informing you he was new LL from and providing new rent payment details and 'address for Service of Notices'. if different.

LLs cannot serve NTQ only Notice to 'seek repossession', either s8 (14 day expiry) or s21 (2 cal month expiry), so which did you receive?

Please provide precise timeline for both ASTs/LL.

The only defence to s21 for a pre Oct 2015 AST is if deposit was not protected or returned before service of s21.

I suugest you need an appt with proficient LL&T Law solicitor who can review all ASTs.

After 20 years renting I can imagine it was a big shock for you, but one of the drawbacks of renting in current times.

Replacing tap washers is a T resp and unless you had LLs prior written permission to carry out other changes, I doubt you have a claim for re-imbursement for them.

[45002]

Hi

 

I have been served with a notice to quit on my home, because the landlady is selling to a developer. I have been at the property for two decades. I signed one tenancy agreement in that time - with a previous owner - the original one when I moved in. It was initially for six months but he said if all went well after that I could stay as long as I want.

 

I have never missed a rent payment. Have kept the property in good repair - even paying for improvements like a new shower, new bath. Replacement of worn work surfaces in the kitchen, replacement taps. Plastering work after a flood. Plus countless other repairs like changing washers etc. The landlady did not refuse to do repairs she just ignored my requests. I am lucky I had family able to do the jobs for me.

 

The notice came completely out of the blue and I am devastated. Apart from the fact that I love my home I am suffering from chronic illness and am completely priced out of the area

because I am dependent on HB to pay the rent - the shortfall between what landlords want and HB pay is approx £100 per month.

 

There are a coupe of issues I would like advice on.

 

The landlady secured my deposit last year, but the letter from the protection agency came with the wrong address on it and it was for the wrong amount. I wrote and told them this and they said it was the landlady’s responsibility to sort it and she needed to submit a copy of the tenancy agreement. It would seem the agreement she used was one she claimed I had signed in 2003 - which I hadn’t. So my deposit was secured using forged documents. She refuses to give me a copy of this agreement and instead insists that I send her a copy of my original one with the previous owner. I have not done this yet.

 

My first question is this - is my deposit secured - do I have the right to ask the deposit protection company for copies of all documentation (is this covered by the data protection act) and do I have grounds to fight the notice to quit I don’t particularly want the stress of this but I need some time to get a deposit together and perhaps look at other alternatives via the council etc. 8 weeks may not be enough.

 

My second question is if I do fight the eviction what is the timescale involved. How long do I have before I will have to leave my home. Best case and worst case scenario?

 

Thirdly can I charge my landlady for the work I have done on the property? This would help no end toward the cost of moving. I have paid her almost £60,000 in rent since she took over (most of it from my own pocket- before I was ill) and she has paid nothing towards the upkeep.

 

Many many thanks in advance for any advice anyone can give me.

 

Best wishes

 

Anna

 

 

 

Hello Anna

 

Please have a read of what I posted below.

 

 

 

 

Assured Tenancy ?

 

you moved in between 15 January 1989 and 27 February 1997 and your landlord did not give you a notice (section 20) saying that you have an assured shorthold tenancy

http://england.shelter.org.uk/get_advice/private_renting/private_renting_agreements/assured_tenancies

 

If a section 20 notice was Not issued at the start of the tenancy.

 

LL cant evict using a s21.

 

About 3/4 down this page http://www.legislation.gov.uk/uksi/1988/2203/schedules/made

 

FORM No. 7

Housing Act 1988 section 20 Notice of an Assured Shorthold Tenancy

 

If one of theses notices was served on tenant when the tenancy 1st started and LL would have to prove this in court, then they can use a s21.

 

Shelter/CAB or Housing Solicitor need to look into this for the tenant.

 

 

http://www.legislation.gov.uk/ukpga/1988/50/section/20

 

 

1988 Housing act

Section 20

(2)

(b) is served before the assured tenancy is entered into

[AnnaMC]

Hi Mariner51 and 45002

 

Many thanks for your advice and quick replies. Unfortunately the tenancy began in May 1997 and the new owner took over in 2001. They wrote me a letter with their office address and bank details to set up a direct debit but no official form - s48?. It is a Section21 that has been served. Can I fight it given that my deposit was secured against another flat in the building - for the wrong amount and using a forged tenancy? Also am I within my rights to ask the deposit protection people for copies of all documents on file regarding the case.

 

As I said I need time as you can probably appreciate the deposit I put down all those years ago will nowhere near cover what is required today.

 

Many thanks

 

Anna

Edited March 31, 2016 by AnnaMC
another question

[AnnaMC]

Hi Mariner51

 

Many thanks for your advice and quick reply. Unfortunately the tenancy began in May 1997 and the new owner took over in 2001. The previous landlord wrote with the new owners office address - but no official form was sent - s48?. What is the significance of this?

 

It is a Section21 that has been served. Can I fight it given that my deposit was secured against another flat in the building - for the wrong amount and using a forged tenancy? Also am I within my rights to ask the deposit protection people for copies of all documents on file regarding the case.

 

As I said I need time as you can probably appreciate the deposit I put down all those years ago will nowhere near cover what is required today.

 

Many thanks

 

Anna

[45002]

Hello Anna

 

Think you need to contact your local CAB office, Shelter or a solicitor, what ever you do know it's more important you find a roof over your head as LL will end up winning in the end with a s21.

 

Sorry to sound blunt, but im not sure what else you can do know ...