Tenant Request for Advice and Help

Tenant Request for Advice and Help

12:32 PM, 23rd January 2015, About 10 years ago 34

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We have been issued with a section 21, I am disabled and my husband is retired.  Tenant Request for Advice and Help

We have been given this because our rent was late 3 months out of 6. We do not have the money to move to another private rented accommodation and even if we did it would be difficult to find the right thing, especially with having a dog.

We need a certain type of property, ideally a bungalow as some days I can hardly move.

My husband had a word with the owner in October last year and asked him to let us know if the rent was late again. We never heard anything until this section 21 came through the door. It wasn’t sent by recorded delivery so we haven’t signed anything to say we have received it.

We have the rent for next month but they want us out by 31st of this month, we have no chance.

Is there anyway we can delay? We love it here, we moved from one district to another for this bungalow and the council say they can not house us because of my needs.

Is there anything we can do?

Please note that the late payments were the banks fault, not ours.  They messed up as the rent for the house we lived in before was payable on the 11th but the rent for this new property was due on the 1st.

I am really worried now and it is making me ill.

Please can you help this is the only problem we have we take care of the house and when inspections have been done we always get a good report.

HELP PLEASE!

Thanks

Michelle


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Graham Durkin

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13:57 PM, 23rd January 2015, About 10 years ago

I am going to speculate a little here if i may ,you state you are disabled and your husband is retired so i would expect that your payment dates fluctuate month by month in relation to your benefits and this may contribute to your problem,also if you have set up a standing order for the rent to be paid on a specific date there should not be a problem unless there are insufficient funds in the account on that day ,the bank will try again when sufficient funds are in place .As others have stated I would invite him over to discuss this matter ,make sure the bungalow is in good shape and then you can see the whites of his eyes and see whether there is another reason behind the issue of the section21.also if you are receiving housing benefit this would be a good time to discuss with him direct payments from the council, you have the evidence and the council have a duty to assist you .good luck and please post how it goes as many will be happy to give you advice if the LANDLORD is being unfair as you have stated you are not problem tenants.

Jan Martin

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14:02 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Mark Alexander" at "23/01/2015 - 13:07":

Just a question on this proof of posting Mark . As you rightly say the postman certainly doesn't always knock the door for signature . But proof of posting to me doesn't prove what you have sent in the envelope. For me the best way is hand delivered and witnessed.
By the way I read the update in the Mail last night .

Mark Alexander - Founder of Property118

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14:06 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Jan Martin" at "23/01/2015 - 14:02":

I take your point, mine was simply what the Court will accept.

It is not always practical for a landlord to deliver notice by hand with an independent witness, for example if they are based hundreds of miles away. The landlord could, of course, also be disabled himself or simply prefer to avoid the potential of face to face conflict.
.

Mandy Thomson

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14:25 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Jan Martin" at "23/01/2015 - 14:02":

Hi Jan

If it's a civil matter, you only have to prove probability - therefore, it's reasonable that a letter addressed to that individual and posted at the time would be the letter enclosing the s.21 - if they wanted to argue that it wasn't, they would need to show another letter sent to them around that time by the landlord about a different matter.
It's only in criminal cases where the burden of proof is "beyond all reasonable doubt".
I recently sought legal advice for a claim against a damp firm in the small claims court, and that was what the solicitor told me.

Jan Martin

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15:01 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Mark Alexander" at "23/01/2015 - 14:06":

I understand what you are saying . Yes I myself have a couple properties in Gloucestershire and am based in wales .
I find the best way for myself is to give the section 21 at the start of the tenancy.
I am aware that many landlords don't practice this .
For me hand delivered is the only way . I can move forward with confidence.
You can always arrange for an independent person to deliver and get paperwork signed to that effect .
Anyway at the end of the day its whatever suits the landlord .

Robert M

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15:06 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Jan Martin" at "23/01/2015 - 15:01":

I also now serve s21 Notices at the start of the occupancies, it does seem to be much safer that way (in case occupant turns out to be a "tenant from hell" type), but I do make it clear that I will not be acting on the s21 unless the tenant is in breach of the conditions, e.g. not paying the rent, committing anti-social behaviour, etc.

Jan Martin

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15:36 PM, 23rd January 2015, About 10 years ago

Reply to the comment left by "Robert Mellors" at "23/01/2015 - 15:06":

Yes Robert I tell my tenants the same .
And as you know a landlord isn't going to ask a good tenant to vacate .
I have had tenants stay 9 years with me and no problems .
But as we know life can change for the tenant and all sorts can happen .
Bet we could all tell some good stories .

brian clement

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1:17 AM, 24th January 2015, About 10 years ago

Its your dog. When will tenants realise landlords don't want dogs in their properties. Landlord cant evict your dog so he is doing the next best thing and evicting all of you. I suggest that if you want a nice property to rent you get rid of your dog.

Les Charneca

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10:40 AM, 24th January 2015, About 10 years ago

I have no issues with dogs at all. However, I load the deposit and charge a premium for animals in the rent. I always explain to the tenant why there is a premium. Bigger the dog, bigger the premium;)

Mark Alexander - Founder of Property118

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10:50 AM, 24th January 2015, About 10 years ago

Reply to the comment left by "brian clement" at "24/01/2015 - 01:17":

Hello Brian

For the record, I disagree with your post.

Nowhere in Michelle's script has there been any mention of the dog being unnacceptable to her current landlord, she may well have been granted permission to keep a dog.

Around 50% of the UK population are pet owners. I have granted permission for several of my tenants to keep pets and have had very few associated problems despite having provided 1000's of tenancies over a period of more than quarter of a century. Clearly I take a commercial view, i.e. I wouldn't allow a tenant to keep a big dog in a small flat. I also charge larger deposits and insist of meeting the pet in the tenants former home before agreeing to a tenancy. This is in addition to various other forms of referencing of course.

I can honestly put my hand on my heart and say that with my strategy of allowing pets (under the right circumstances) the upsides have, in my experience, outweighed the downsides. For example, I have clear evidence that pet owners stay longer and are more profitable.

There is no such thing as a perfect tenant, but I am certainly not one of those landlords who rules out 50% of my potential target market by having a "no-pets" policy. I am not alone, see http://www.letswithpets.org.uk/
.

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