Delaying eviction

Delaying eviction

Postby Synesius » Wed Feb 03, 2010 4:28 pm

I have been advised to delay my eviction from a private rental property in the UK by using Statutes??, as below:-

My Landlord did not notify me of the Bonded Deposit number at all, let alone the 14 days as required by statute.

I have been advised to start a Small Claims process against him, any idea what the protocol is?
I believe it starts with an admin. process of Notice of intent to notify him that I intent to apply to a small claims court for remedy of the non-compliance to the statute.

Anyone gone through this??

Feedback would be appreciated.

S
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Re: Delaying eviction

Postby huntingross » Wed Feb 03, 2010 9:53 pm

Never have....but if you're going through their process, I believe their websites are pretty informative about 'how to'.....check them and see what advice is there or phone the courts.
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Re: Delaying eviction

Postby the_common_law_reverend_kenny » Wed Feb 03, 2010 9:57 pm

I have been advised..........


who was it that gave you this advice?

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Re: Delaying eviction

Postby Synesius » Thu Feb 04, 2010 10:17 am

@ the_common_law_reverend_kenny
A Housing Support Charity. I have not posted for help on this issue on this site, but please give your opinion.
Perhaps its my way of posting, but other sites have not given feedback on possibilities of an admin. remedy or NOI.

@ huntingross
see above - please let me know of a FMOTL remedy and I will seriously consider it. I do not wish to be contentious, however when there are no ideas coming from FM, I will consider anything to stop being evicted.

HELP me use defensive action based on knowledge!!!

Thanks in advance,
S
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Re: Delaying eviction

Postby huntingross » Thu Feb 04, 2010 10:14 pm

Hi S

I'm more confused now....I answered your original question as helpfully as I could and so your post didn't languish at the bottom of the page unanswered.

It seems to me that you require advice or an opinion on the process you described.....otherwise you would have asked a different question.

If you are seeking a different approach to your dilemma there is woefully inadequate information to work with.

Personally I would write the hardest hitting notice I could muster to give a moment of pause.

(ps. I didn't appreciate the half quoted banner as a plea for help.....my help is given freely to all those that make an effort to aquire this knowledge)
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Re: Delaying eviction

Postby the_common_law_reverend_kenny » Thu Feb 04, 2010 11:15 pm

I would've agreed with that, I would have to make clear my position clear with a notice.

Also it is not easy to give pinpoint advice without knowing in detail the context of your dilemma. There a different types of 'housing charities' what they are good at is pointing you at statute law, to protect yourself. so the statute approach...ish

i.e is the landlord using a section 8 notice to quit

Read more: http://www.tenancyagreementservice.co.uk/section-8-notice-to-quit.htm what grounds is the landlord using to evict you?

the notice required maybe 2 months but again it depends on the context.

also as you point out there are statutory obligations on the landlord re Bonded Deposit-

As part of the Housing Act 2004 the Government is introducing tenancy deposit protection for all assured shorthold tenancies (ASTs) in England and Wales where a deposit is taken. From April 6th 2007, all deposits paid under an AST have had to be protected within 14 days of receipt by the landlord.

ref: http://www.thethinktankgroup.co.uk/Tenant-Deposit-Scheme/Tenancy-Deposit-Scheme.htm

I would sort out where they have screwed up - and put them on notice. :police:

I take it you have a signed tenency agreement..I mean are you squatting or anything like that?

Synesius wrote: please let me know of a FMOTL remedy
.....common sense, working together.



:peace:
SOVEREIGN: not controlled by outside forces: autonomous; self-governing; independent "a sovereign people" <> "by any peaceful administritive means necessary" - the way of the order.
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Re: Delaying eviction

Postby Synesius » Fri Feb 05, 2010 10:34 am

@huntingross
It may be that you have confused my desperate feelings with criticism and insults. If you detail via PM why my post offended you I will respond. If you have been in a position of eviction and you can't give understanding and expect me to be contrite then I apologise for not understanding the weakness of my fellow man, this would of course be my shortcoming.

It might also help to state that I have been studying FMOTL and Redemption concepts for only a few months.

@the_common_law_reverend_kenny
Thanks for the links, I have studied the legislation in more detail. I should not have trusted the advice I was given.
He has not screwed up, he has the legislative high ground and he does not need, and has not given cause. On the other hand Shelter have missed some key points in the legislation.

If it would help you both to help me, I will give some details, however I have little time to argue.

In any case, thanks for both your responses.

Let me know if you can help with more detail from me.

S
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Re: Delaying eviction

Postby the_common_law_reverend_kenny » Sat Feb 06, 2010 3:15 pm

well actually I was wondering....From a common law perspective,

- what is it that you have done if anything to warrant your eviction?

- how long is the tenancy?

- why do you say your landlord has the high ground?

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