I have been renting the property I am in since April 2018 and in that time I have been late with my rent maybe 5 times( not overly late)…this has only been due to me being ill as I have a chronic condition and I am also self employed so I don’t get paid for sick days.
So landlord has given me 2 months notice but as far as I’m aware the notice is invalid…it say section 9 not 8 and has wrong date that my tenancy began and also has the wrong wording which is required.
My deposit isn’t protected which we agreed on as they are supposed to be friends, I have had no eicr certificate from the landlord and I also was asked to sign a new lease saying I was paying more rent than I was so they could get a better mortgage deal on both their own house and the rental. Now do I allow to go court as they have done so much wrong but I also agreed to it or do I write a polite letter and remind them how I helped them out etc with their mortgage and that the notice is invalid?
And please note I am not in rent arrears with them.
Just not sure what to do as housing is horrendous where I live
From what you wrote, you’re a willing participant in fraud. Of course, judge may overlook it because it would be about eviction and nothing else, but I wouldn’t risk airing your dirty laundry in public. On the other hand, if you advise LL of their mistakes, they will just correct them and then go to court.
A bit of a tricky situation here. You can say nothing and wait till the judge throws the incorrect notice out of court. It will give you more time, but nothing lasts forever if LL is determined.
As for deposit not being protected, it’s illegal, friends or not.
All depends how much stress you’re willing to put up with. If it were me, I’d start looking for a new place. Nothing is worth your health. But that’s just me.
And, please, never participate in illegal activities, even if you sympathise with somebody. It will always go against you.
We have a flat above corner shop, and the owner asked us to give false testimony to claim against insurance. When we refused, he and his wife stopped acknowledging us for a while. Which was soooo much better than dealing with police and reaping the consequences of participating in insurance fraud. )))
Step 1 is to find your local County Court where cases that go from ‘notice’ to possession hearings will be heard. At the end of the two months, the LL will have to pay a fee to get you into court. When this happens there will be a duty solicitor to advise you. They are usually in the court on the day of the hearing.
Step 2 is to ask the court who has the “duty solicitor/duty advice” contract for that court. Once you know who contact them for early advice. Some with the DS/DA contract may also have an early advice process to stop it getting to court at all.
Step 3 Once you have had advice from a qualified source and you are clear on your legal status, then negotiate with your landlord.
LL are the worst people to ask for advice on your own legal position as a T. They often do not know their own legal position never mind a tenants.
What form did they actually give you as notice? A section 8 notice is on form 3 and section 21 is on 6a. Sounds like they have just made up their own form! Do you know why they are seeking possession of the property? This is a tricky situation as I see you note they are your friends. Housing is in such short supply at the moment you will need all the time you can get to find a new home. It’s the landlords job to make sure they know how to “landlord” and are following the possession process properly. In your shoes I wouldn’t point out that their notice / form is meaningless, just act oblivious and tell them you are actively searching for a new home and you will let them know when you find somewhere, just keep paying your rent in full and on time each month and keep looking and applying for new accommodation. Let them figure it out. Your friendship may become strained during the process and you may fall out but ultimately it’s your home / shelter and a roof over your head is more important.
It’s is a letter he has wrote out himself but as far as I’m aware it has to state specific things on it…it says my tenancy started 1st August 2023 and he’s put section 9 instead of 8…minor error I know and stated 3.1 of tenancy late rent payments…but 5 times in over 5 years of it being late doesn’t seem to warrant evicting us…I have this morning written a polite email pointing out why we should be allowed to stay but not mentioned what I have in my question…I’m fuming as we just spent 2k on new carpets a year n half a go as the carpets were falling off the stairs and replaced washing machine even tho it’s in inventory and would have thought they would need to have replaced them…minor again but just annoying
it means in effect you cannot go to a court and say that man did something wrong when you have assisted in a wrongdoing… google it may put it better than me
You could try writing to him as you suggest, but I suspect that the landlord is not going to relent and this is only going to end one way, which is with you eventually leaving. The only question is when you want that to be. If the answer is as far away as possible, then dont mention the invalid notice. When you dont leave on expiry of the notice, he will have to apply for a possession order and the case will fail at court. He will then start again. Assuming he gets s8 right second time around, the judge is unlikely to give him possession just based on discretionary grounds, so unless you are in at least 2 months arrears, he will probably fail. He could try s21, but he would have to refund your deposit first and pay you a penalty for non-protection and comply with the other requirements. He will eventually get it right, but you probably have another couple of years. You should probably go to the Council and see what they could offer you. They will tell you to stay put until the bailiffs come, but you should ask what kind of housing you could expect.
and he’s put section 9 instead of 8…minor error I know and stated 3.1 of tenancy late rent payments…but 5 times in over 5 years of it being late doesn’t seem to warrant evicting us…I have this morning written a polite email pointing out why we should be allowed to stay but not mentioned what I have in my question…I’m fuming as we just spent 2k on new carpets a year n half a go as the carpets were falling off the stairs and replaced washing machine even tho it’s in inventory and would have thought they would need to have replaced them…minor again but just annoying