please help

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Ayshe

Posts: 131
Joined: 25/8/2005

please help

Myself, partner and my two children have lived in the property that i am in now for four years now I had a short hold tenency which lasted for six months but has never been renewd. but I have a big problem my landlord wants me out because back in january i was suposed to of handed in a rent book i did not recive a letter asking me of this so they stoped paying my landlord. My landlord did not tell me this until June five almost six months later. when he had told me i got straight down the council but because it was so long and because it was up to my landlord to tell me that he had not recived payments i filled in a backdating form and sent it straight off my rent was then sorted but not the back dated because it had to be reviewed now they said that it was not their fault basicaly so they wont back date it as my landlord should of notified me earlier about not having been payed so my landlord has now told me that if i dont give him the £1,500 that is owed by the end of this month then i will have to move out i said i cant pay that much so he said that he will change the locks this was my first house i have ever lived (with out parents) and im at the end of my theter i dont know what to do please can someone advise me please as it would be a great help

Report Abuse | Date 12/10/2005 10:46:54 PM

Guest

RE:NEED URGENT HELP PLEASE (in reply to Ayshe)

quote:

ORIGINAL:

Myself, partner and my two children have lived in the property that i am in now for four years now I had a short hold tenency which lasted for six months but has never been renewd. but I have a big problem my landlord wants me out because back in january i was suposed to of handed in a rent book i did not recive a letter asking me of this so they stoped paying my landlord. My landlord did not tell me this until June five almost six months later. when he had told me i got straight down the council but because it was so long and because it was up to my landlord to tell me that he had not recived payments i filled in a backdating form and sent it straight off my rent was then sorted but not the back dated because it had to be reviewed now they said that it was not their fault basicaly so they wont back date it as my landlord should of notified me earlier about not having been payed so my landlord has now told me that if i dont give him the £1,500 that is owed by the end of this month then i will have to move out i said i cant pay that much so he said that he will change the locks this was my first house i have ever lived (with out parents) and im at the end of my theter i dont know what to do please can someone advise me please as it would be a great help

Report Abuse | Date 13/10/2005 10:05:34 PM

P.Pilcher

Posts: 102
Joined: 25/7/2003

RE: please help (in reply to Ayshe)

Oh dear not a good situation to be in. From what you say the lack of rental payments and the size of the arrears is totally your landlord's fault, after all if the council was paying the landlord directly, why should you enquire as to its payment each month, however the lease is in your name and the debt is owed. I suggest that you approach Shelter or your local CAB and see if they can mediate between your landlord and the council. Regrettably, when a council has a percieved problem, it stops paying out and waits for the fertiliser to hit the ventillator as it considers that this will precipitate prompt settlement.. Due to your landlord's apathy this took too long and the council are using it to their advantage.

Legally, you are over two months in arrears and unless you can rectify this, your landlord can evict you under section 8 of the landlord and tenant act. To do this he must first send you a correctly worded notice giving you two weeks to pay up. If you don't/can't he must then apply to the county court for a possession order. A court hearing must then be held and the judge will need to know why you don't/can't pay. Judges tend to favour tenants under these circumstances so I imagine that an offer to start repaying what you agree is owed - even at a very low rate will satisfy him. If you don't then he will issue a possession order and the court baliff can then legally evict you. There is no other legal way of getting a tenant out of a property so threats to change the locks e.t.c. are either empty, or if he tries to do so, you can legally break back in and prosecute him under the protection from eviction act 1977. That will cost him!
Alternatively, your landlord can give you two months notice to quit under section 21. In this case the grant of a possession order is automatic I'm afraid, but your landlord will have to take a separate action to try and recover the rent money owed. Then you can offer say 50p per week - the court could well accept given the circumstances.

Best of luck,

P.P.

Report Abuse | Date 17/10/2005 8:03:20 PM