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Original poster

Given 4 weeks notice on house, landlord has turned into a psychotic wailing banshee for nop reason..

13 replies

Wolfblass · 02/01/2009 20:50

Just after tea there was a knock on the door and dp answered it to a courier with a Parcel Letter.

It's a letter from our Landlord serving us with a 4 week eviction notice (which i'm sure is not legal) saying we have to be out of the house on or by the 31st of this month

Apart from the fact that the address is spelt wrong and someone can obviously not spell or hardly string a sentence together it says that they have no choice but to issue this notice as during the 5 months we have been here, the rent is always late and remains unpaid.

Fair doo's that one month dp paid it 7 days late (but she did agree with this and she had no qualms) due to an issue with my account, and also the rent was due today but as Mark is poorly it's not been paid in, but was being paid tomorrow. Other than this it's never been unpaid etc, etc.

Mark called her to say that he was rather shocked to receive the letter and she wailed like an erratic banshee down the phone, saying it's not on and it should of been paid today that she has tried everything in her power to get hold of him this month (erm it's like the 2nd today and Dec's rent was paid on the 1st last month). She's not rang us, or even knocked on the door!!

Mark said he really doesn't understand the problem and said we don't want to move but she has screamed she wants her house back on 31st and will be keeping our bond. So he said he will be seeking legal advice on Monday about when she can legally evict us. She then screamed again wailing so your not gonna get out my house or pay this months rent Lets go bloody legal then - what on earth is she on?

Great this is all i need 30 weeks pg, 4 weeks left until Maternity leave - just got dd settled in this house which she loves!

WHAT ARE WE GOING TO DO!!!!???

I'm trying really hard not to get stressed and so far haven't lost my temper.

I wouldn't mind as much in a way but i know our landlord - she worked where i do, and when dp viewed the house she couldn't wait to let it to us, when she figured it was me. She's been on Materity leave since May and i've not seen her since, but she even added me to facebook last month and said HI.

Bizarre to say the very least

OP posts:
inscotland · 02/01/2009 21:16

Firstly you need to be late with your rent for 3 months before legal proceeding can commence to have you evicted. Only then, with that evidence of late payment can she apply to the courts to have possession of the property.

DO NOT telephone her. Do everything in writing and keep copies. If she telephones you be polite and say please put anything you have to say in writing and hangup. Keep a log of all calls.

dilemma456 · 02/01/2009 21:48

Message withdrawn

dilemma456 · 02/01/2009 21:49

Message withdrawn

AlistairSim · 02/01/2009 21:57

Try not to panic, as others have said, she cannot just throw you out and keep the deposit.

Try this for some help and info.

ladyjuliafish · 02/01/2009 22:04

Is your deposit protected? If its not then she can be fined for up to 3x the value of the deposit. If you pay monthly then you need to be 2 months in arrears then she can serve you with a section 8 notice and apply for an eviction order. If by the time it went to court you were still 2 months in arrears then she would be given mandatory possession. She can get possession on discretionary grounds due to persistent late payment. Paying 7 days late once isn't persistent. It may be that she can't afford the mortgage and is in a panic or she needs to leave her own house so wants to live in yours.

Original poster
Wolfblass · 02/01/2009 22:45

Thanks guys! xx

OP posts:
Original poster
Wolfblass · 02/01/2009 22:51

Ladyjuliafish - i have mentioned to dp exactly what you have said!

I tought it was 2 months in arrears before a motive had been served (it wasn't even 24 hours late before we had the notice) and ahd dp not of been ill she would of had the rent today.

We are only renting at the moment due to dp losing his job 3 years ago and us getting back on our feet, we were looking to buy at the end of thsi year....

I'm just trying not to stress what with bump..

but thanks again xx

OP posts:
Original poster
Wolfblass · 02/01/2009 22:53

Apologies for typo's i am usually in bed by 8pm - but tonight i'm rather a;ittle stressed and unable to sleep!

xx

OP posts:
Poppet45 · 03/01/2009 15:00

The landlord has to give you two months notice with most assured shorthold tenancies and yes, if your deposit is not in a scheme then you are entitled to 3xs the amount.
Grrrr I really hate bad landlords. Shelter is a basic human need and I find it vile that during this thankfully now doomed property bubble it was decided to be a good idea to speculate with it. Imagine if people tried speculating with food and water as their pension. Horrid. They never seem to realise that their 'investment' has the potential to seriously screw with someone else's life.

emskaboo · 03/01/2009 15:26

If you are outside the first six months of the tenancy the lanlord can serve you with two months notice to end the tenancy, with no reason at all. If you are inside the first six months then there have to be grounds, e.g. eight weeks unpaid rent, or persistently late paid rent. In any case four weeks notice is not legal, unless you live in part of her house, i.e. you have a resident landlord. Call Shelter on 0808 8004444 for advice. Good luck!

ShinyPinkShoes · 03/01/2009 15:30

If they are threatening to withold your deposit then I would not pay this month's rent just in case.

Also- you say the rent is due on 1st Month- why don't you have a DD set up? How do you pay it? It should be cleared in the bank on the date it is due, so if you're paying by cheque that should be received/paid in at least 3 days before it's due.

inscotland · 03/01/2009 18:41

NO! Don't ever withhold your rent as it will count against you. Being in Scotland we don't have a deposit protection schemes although I believe it is now law in England.

NotPlayingAnyMore · 03/01/2009 19:45

The court shouldn't allow a possession on the basis of an incorrect notice anyway. In my own case, I did nothing but let the landlady dig her own hole while I waited for the proceedings notice, to which I sent back a response pointing out everything which rendered the notice invalid

Must reiterate the importance of not accepting or making telephone calls between yourselves and the landlord: keep everything in writing. Given her telephone behaviour, I'd personally block her from Facebook as well.

By all means seek legal advice for your situation but otherwise, assuming the rent's being paid tomorrow, just try to relax

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