TenCount's UE sequel

[PlanB]

Thanks Di

Also: I've heard from the court today that the landlord's solicitor has requested, effectively, a 3 month stay on proceedings to see that I adhere to the agreement I made with them (pay arrears + pay 3 months advance rent) to *discontinue* proceedings, as detailed in my N11B defence form.

So now I'm really confused - seems to me they're effectively asking the court to put a 3 month stay on discontinuance, with that dependant on an agreement the terms of which *I have already satisfied*

When was the s21 Notice served and how much notice were you given?

A s21 Notice may only have a 12 month lifespan before it becomes invalid meaning your Landlord would have to serve another one once his current one 'expires' before starting new proceedings. However, I believe it's 'indefinite' in Wales.

From what you say you've paid off all the arrears (Ground 8) but it's unclear whether he still has the legal right to seek possession under s21. And/or whether he's telling the court that he wants to adjourn the possession proceedings for three months not discontinue.

You say you've agreed to pay the rent 3 months in advance, was that in writing?

I think you should establish whether that was effectively creating a new tenancy agreement but that depends on the wording. If you've paid three months in advance and then you continue to pay another month's rent in month 4, 5, 6, and so on, then the question is whether that is a material change in your current AST or creating a new one.

I can't answer that question but you may get an answer from the CAB if you read their very good explanation on possession proceedings on their website here > https://www.citizensadvice.org.uk/ho...ion-21-notice/

An explanation of the different procedure in Wales is here on Shelter's website > https://sheltercymru.org.uk/get-advi...d%20the%20rent.

I've mentioned Wales because the Tenancy Saver Loan (which you referred to in post #14) is only available from Credit Unions in Wales, so I'm guessing you might live there (and you say your Mum lives in Wales) >
https://creditunionsofwales.co.uk/la...r-loan-scheme/

Maybe do a little more research before getting Environmental Health involved in case that ruffle feathers at a bad time.

Di

[TenCount]

When was the s21 Notice served and how much notice were you given?

A s21 Notice may only have a 12 month lifespan before it becomes invalid meaning your Landlord would have to serve another one once his current one 'expires' before starting new proceedings. However, I believe it's 'indefinite' in Wales.

From what you say you've paid off all the arrears (Ground 8) but it's unclear whether he still has the legal right to seek possession under s21. And/or whether he's telling the court that he wants to adjourn the possession proceedings for three months not discontinue.

You say you've agreed to pay the rent 3 months in advance, was that in writing?

I think you should establish whether that was effectively creating a new tenancy agreement but that depends on the wording. If you've paid three months in advance and then you continue to pay another month's rent in month 4, 5, 6, and so on, then the question is whether that is a material change in your current AST or creating a new one.

I can't answer that question but you may get an answer from the CAB if you read their very good explanation on possession proceedings on their website here > https://www.citizensadvice.org.uk/ho...ion-21-notice/

An explanation of the different procedure in Wales is here on Shelter's website > https://sheltercymru.org.uk/get-advi...d%20the%20rent.

I've mentioned Wales because the Tenancy Saver Loan (which you referred to in post #14) is only available from Credit Unions in Wales, so I'm guessing you might live there (and you say your Mum lives in Wales) >
https://creditunionsofwales.co.uk/la...r-loan-scheme/

Maybe do a little more research before getting Environmental Health involved in case that ruffle feathers at a bad time.

Di

Thanks Di for all of your advice - was very helpful.

Sorry about the delay responding - there were some shenanigans from the other side. Basically, they backtracked on our agreement and attempted a 90 day stay rather than a full withdrawal of the case. But it's all over now. Hopefully, that will be that.

[PlanB]

Thanks Di for all of your advice - was very helpful.

. . . there were some shenanigans from the other side. Basically, they backtracked on our agreement and attempted a 90 day stay rather than a full withdrawal of the case. But it's all over now. Hopefully, that will be that.

I hope that will be the end of it too

It's your home not just a 'rental property', and your Landlord and/or his Agent should have respected the fact that you took steps to clear the rent arrears in a responsible way (i.e. the Credit Union Loan).

You shouldn't have had to worry that you might be evicted by bailiffs following repossession because you like (literally) millions of others in this country had financial difficulties as a direct result of Covid-19.

Your Landlord has a legal duty to repair/maintain the property too, which from what you say he hasn't done. What hypocrisy.

I'm happy to hear that you managed to get this sorted. I also hope that the Landlord is not expecting you to pay his solicitor's legal fees if/when they Discontinued the proceedings!

Di

[TenCount]

I hope that will be the end of it too

It's your home not just a 'rental property', and your Landlord and/or his Agent should have respected the fact that you took steps to clear the rent arrears in a responsible way (i.e. the Credit Union Loan).

You shouldn't have had to worry that you might be evicted by bailiffs following repossession because you like (literally) millions of others in this country had financial difficulties as a direct result of Covid-19.

Your Landlord has a legal duty to repair/maintain the property too, which from what you say he hasn't done. What hypocrisy.

I'm happy to hear that you managed to get this sorted. I also hope that the Landlord is not expecting you to pay his solicitor's legal fees if/when they Discontinued the proceedings!

Di

Agreed, the pong of rank hypocrisy does hang in the air. And I'm still stung by the casual ignoring of agreements made in good faith during very difficult times. But anyhow, for now, they're on the back foot.

Fees? Hasn't been mentioned, but there is precisely zero chance of me paying any of that!