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Advice for Landlord / Tenant Court Issue Please?

(17 Posts)
NotOnYourWelly Sun 26-Jun-16 17:31:47

Hi all. I'll try and keep it brief.

I've been a tenant for just over a year. Landlord now wants to sell and gave me notice to leave. Periodic tenancy.

He said I should leave by end of last month, but I didn't get a letter, only a couple if lines in an email and phone calls.

I was supposed to move 3 weeks ago, but unfortunately that fell through, so I had to stay. I received court papers two weeks ago and I'm a little bit overwhelmed by it all. Can anyone offer any advice please? I think I can arrange somewhere else
Before the court date I've been given, so will I still have to go to court if I do find somewhere first?

Having read many posts on about this, I can tell you that:
I've been looking for somewhere, but very difficult as not working full time and single mum of toddler.

Deposit was not protected - I'm not sure if I will make a claim on the form.

The court papers say that the LL sent me a leaving letter, but I definitely didn't get one. I've only seen it in the court papers.

Friend said that because of periodic tenancy it should be section 21(a). The letter in the court pack is under section 21.
How can I challenge it or prove I didn't receive it?

I pay rent on 16th each month and not in arrears and never late. S21 letter is confusing because it says:

"...after 31 May 2016 or, if later, after the last day of the period if your tenancy which expires after the end of two months from the date of service of this notice to you. "

I thought that meant I had until 15th June to leave, but court papers were given in on 4th June, so I guess not.

I've been to cab but the man didn't really know that much and just read the papers back to me.

The LL already gave me my deposit to help with a deposit for finding new place.

Any advice pls?
Thank you

NotOnYourWelly Sun 26-Jun-16 17:59:01

Anyone?

SonicSpotlight Sun 26-Jun-16 18:02:59

I'm sorry I can't help you but these people will be able to give you advice.

england.shelter.org.uk/?_ga=1.99151709.2123689606.1466960501

NotOnYourWelly Sun 26-Jun-16 19:11:32

Thank you for replying sonic. I'm planning on calling them tomorrow.

I'll have another look at their website, but kind of hoped I could get some advice here too.

SonicSpotlight Sun 26-Jun-16 21:03:41

Bump for eviction advice

NotOnYourWelly Sun 26-Jun-16 21:51:18

Wow! No-one else?

NotOnYourWelly Mon 27-Jun-16 19:15:09

Bumping for the evening, Monday, anyone who can help crowd. grin

lookbeforeyouleap Mon 27-Jun-16 19:26:29

I'm in Scotland so things are slightly different here but your landlord should have given you a minimum of 2 months notice. What date was the section 21 allegedly issued? In Scotland you have to deliver notice to quit etc by sheriffs officer or registered post so that you have proof it was received, I'm sure it will be similar in England. It sounds like the landlord has made a few errors which may buy you some more time. He may even have to serve a new section 21. Shelter are very helpful.

Dragongirl10 Mon 27-Jun-16 19:38:42

Your landlord has clearly given you 2 months from the sec 21, quite correctly. You have to move by then or will be evicted and will possibly have problems with your next rental, as you may not get a reference.

The issue of not having deposit protected is irrelevant as the l/l has been very trusting by returning it to you to help you move despite leaving no protection for themself for repairs. Very few would risk this, count yourself lucky.

Even if you did not get the original letter and email will suffice for notice.
This has now been superceded by the Sec 21 date ( 2 months from then)

I have to say you should take this seriously and move.

NotOnYourWelly Mon 27-Jun-16 19:57:37

Thanks you for replying. To answer the questions / points:

The s21 is dated 31st March.

The deposit wasn't returned out of the landlord being trusting. It had to be returned before giving the s21 because it wasn't protected. At least, that's my understanding.

I have and do still take this seriously, that's why I'm frantic and asking here for advice. I haven't been able to get through to shelter, been trying all day. Called at least 10 times, but no one free take the call.

I know I should have 2 months notice. I just wanted to check because the wording I posted sounded like I had a little bit more time after the 31st.

I want to move. I'm trying to move. I don't want to make life harder for the ll, but want to check that ll has done things properly.

The email was literally a one-liner and I also want to check if that's ok.

Thank you for the advice, but I'm still quite confused actually.

Just5minswithDacre Mon 27-Jun-16 20:02:47

The issue of not having deposit protected is irrelevant as the l/l has been very trusting by returning it to you to help you move despite leaving no protection for themself for repairs. Very few would risk this, count yourself lucky.

What?! Lucky??

LL is probably in a state of advanced panic knowing that he/she was in breach of the law for having failed to lodge the deposit in a scheme.

Just5minswithDacre Mon 27-Jun-16 20:06:02

OP have you tried ringing the housing advice dept. of your loal council. They'd be able to tell you if there's a local housing advice service or charity that provides clinics. These are often easier to access then the Shelter helpline. They might also be able to give you general advice themselves.

NotOnYourWelly Mon 27-Jun-16 20:07:45

That's a good suggestion. I'd not thought of that. Thank you. I'll call tomorrow.

ingenvillvetavardukoptdintroja Mon 27-Jun-16 20:13:14

Please bear in mind often your local council will not assist you with housing if you move out before bailiffs come to remove you. This means staying past court decision and beyond. Do not put yourself and your child on the street to avoid causing your landlord hassle, it's the sort of thing landlords have to prepare for.
As you're struggling to find somewhere else, you should attend your local council office pronto. With a child they'll have a duty to find you something, even if it's temporary. Depending on demand in your area, they may not do anything until the day you are removed from your address

Penfold007 Mon 27-Jun-16 20:57:03

Presuming you are the sole occupant of the property and not sharing with the LL then yes the deposit should have been protected. However, the LL has returned the deposit so that you can use it towards a new place. You should have left on the 31st May and it's now the end of June so it's not unreasonable for the LL to want their property back. Have you spoken to anyone at the housing office to see if the council can help at all? If you intend to make a homeless application then as mentioned up the thread you will need to wait until you are evicted.

NotOnYourWelly Mon 27-Jun-16 21:11:57

Thank you for the replies. I will go to the council office tomorrow for advice. I don't really want to make a homeless application. I get close to finding something and I falls apart at the last minute. The estate agent have taken my deposit twice and returned it because a professional couple applied later than me but the landlord chose them. The other time a higher rent was offered and accepted. So frustrating. Thanks for all replies.

PolterGoose Thu 30-Jun-16 20:48:34

Did you get any help from the council?

I'm a bit shock as I think you're saying that LL didn't issue a notice seeking possession, but one mysteriously appeared in the court application. Is that right? It all sounds very dodgy when you factor in the deposit issue as well.

Shelter are very good when you get through.

Good luck flowers

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