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  #21  
Old 09-09-2008, 12:34 PM
maybelline maybelline is offline
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http://england.shelter.org.uk/
good info on here
http://www.communities.gov.uk/housin...rivaterenting/
and here
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  #22  
Old 09-09-2008, 01:06 PM
maybelline maybelline is offline
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http://england.shelter.org.uk/__data...l_eviction.pdf

this pdf is fantastic - apparently if you have been illegally evicted you may have the right to break back in (so think again dodgd landlords)!
http://england.shelter.org.uk/__data...nt_arrears.pdf

Last edited by maybelline : 09-09-2008 at 01:23 PM. Reason: more info
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  #23  
Old 09-09-2008, 03:38 PM
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He has to issue a S21 NOTICE (HA 1988) giving 2 months notice before he can even get pocession of the property and it must state the date the tenancy ends and that pocession is required after that date for the notice to be valid.There are also grounds for a claim against illigal eviction under S1 of the Protection from Eviction Act(1977).

Term
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The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

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  #24  
Old 09-09-2008, 03:56 PM
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I am so glad the experts have jumped on to help with this. I didn't realise your daughter had been evicted, I thought the tenancy had run out and he was chasing for the cost of his so called repairs.
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  #25  
Old 09-09-2008, 04:00 PM
maybelline maybelline is offline
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thanks so much - yes, she is was all a big worry.

Term, the original agreement had an end date, does this count as the notice period or does it have to be given seperately? definately no written notice on either side re leaving dates.

there was immense pressure, unexpected entrance to the property and banging on the room door and so forth. not putting all details on here.
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  #26  
Old 09-09-2008, 04:09 PM
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The Landlord still have to give the 2 months notice under stature regardless if there's an end date on the agreement.

Regards

Term
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The real evil is not the payment of money, but the secrecy attending it (Chitty L.J. in the case of Shipway v Broadwood [1899] 1 QB 369, 373). .

The courts shall not make an enforcement order under section 65(1) if section 61(1)(a) (signing of agreements) was not complied with unless a document (whether or not in the prescribed form and complying with regulations under section 60(1)) itself containing all the prescribed terms of the agreement was signed by the debtor or hirer (whether or not in the prescribed manner

Moneylending transactions as a class give rise to significant social problems.

Astalavista baby and I'll be back
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  #27  
Old 09-09-2008, 04:19 PM
maybelline maybelline is offline
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thanks, also, what about extra things on the tenancy agreement e.g. stating a right to repossess if seven days in arrears?

agreement states S.11 of landlord and tenant act 1985
Notice under S.48 of Land T Act 1987
S.20 of Housing Act 1988 and 1996 and a right to recovery under s.21 accordingly (roughly)

Last edited by maybelline : 09-09-2008 at 04:21 PM.
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  #28  
Old 09-09-2008, 04:48 PM
maybelline maybelline is offline
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I am thinking a landlord cannot put terms into an agreement that over ride your rights under various acts and even if you have signed it, as the banks etc have tried with unlawful agreements, and would in fact be an unfair term under that act if so.

thanks for your input, much appreciated.
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  #29  
Old 09-09-2008, 07:01 PM
maybelline maybelline is offline
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Quote:
Originally Posted by The Terminator View Post
He has to issue a S21 NOTICE (HA 1988) giving 2 months notice before he can even get pocession of the property and it must state the date the tenancy ends and that pocession is required after that date for the notice to be valid.There are also grounds for a claim against illigal eviction under S1 of the Protection from Eviction Act(1977).

Term
thanks, just had quick look at S1 of above act - am now finding a solicitor
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  #30  
Old 09-09-2008, 09:08 PM
maybelline maybelline is offline
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http://www.letlink.co.uk/letting-sta...-act-1977.html

found this - has this been superceded or changed in any significant way since 77.
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