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Landlord has issued Section 21 to evict me... need help!!

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  • Landlord has issued Section 21 to evict me... need help!!

    I have been with my landlord for around 9 years now. In July 2010 my Mum was taken ill, and was in hospital for 6 months. She wanted to live with me, but the house I lived in at the time was not suitable. My landlord told me to look for a property & if it was at the right price he would purchase it, as I was the best tenant he had ever had, (that's what he said).

    I eventually found a place near to my brother (2 doors away in fact). I viewed it with my landlord & as there was a lot of work to be carried out, he asked me what I wanted him to do with regards to the modernisation of it. After a short discussion, he made an offer of £65,000 on the property & had a valuation carried out. The valuation came back at £60,000.

    To cut a long story short, my desperation to be near to my family & care for my Mum esculated when my Brother was murdered in January 2012. My landlord said that if I could find £5,000 then he would go for the property. My Mum, also at this point, wanted her family close & she gave him the £5,000 as it was verbally agreed that in time I would purchase the house myself. The house was eventually purchased by my landlord. I personally designed the house, mainly around the needs of my Mum, so that she would be comfortable & have no problems in later life getting around.

    My landlord did everything that I had requested, including wiring in my CCTV, alarm system & even put speaker wire where I had requested, so that I didn't have to trail it through the house, this was all done whilst ceilings & walls were ripped out. My Mum was of the understanding that the £5,000 would give her a percentage of the house, although this had not been formally disgussed with my landlord, as he knew that my intentions were to purchase the house in the future, I suppose we just assumed that this was the case. The work on the house took a considerable amount of time as my landlord said that due to other work commitments, he could not give his full attention to it.

    The trial for my brothers murder was set for July 2013 (I know, a long time to wait, especially when the person responsible was on bail for the whole time)!!! In January 2013 my Mum was re-admitted to hospital, (we had not moved at this point) she, unexpectedly and out of the blue, died. I was & still am in shock at this. My Mum was my world.

    The modernisation of the house continued & I eventually & very sadly moved in by myself on April 1st 2013. A few days before moving in, I was asked to sign my new tenancy agreement, but at the same time was presented with a document by my landlord stating that he had received a £5,000 unsecured interest free loan from myself, at which he would repay £50 per month until paid in full. When I told him that I needed to speak with my family about the money, he said that if I didn't sign the document, I would not be able to move in, & as I had already signed another document stating that I would vacate my current property, it meant that I would be homeless. I was currently having therapy & extremely vunerable, so yes I signed the paper, and moved in.

    The trial for my Brother went ahead in July 2013 & even though the person responsible was found guilty, the sentence did not reflect the crime, even though the attack was all captured on CCTV..!!

    I was being treated for depression & receiving ESA. In October 2013, I received a letter telling that my ESA had been stopped. When I contacted them to ask why, I was told that the letter to attend my tribunal had been sent to my previous address, (which my landlord still owed & rented out), why it was sent there is anybodys guess?.

    This meant that my housing benefit was also stopped. I told my landlord & asked him if he could take the rent out of the "loan" that he was repaying, he said no!! It took from October 2013 to the end of February 2014 to be sorted out, all of this time I had no money at all. My landlord has now issued a section 21, and as far as I have been told I do not have a leg to stand on...!! To add fuel to the fire, I also did work on the house myself in order for it to be ready sooner.

    And in January 2011, I was the main witness in a murder trial, & the victim was a friend and occasional employee of my landlord. I do not want to leave my home, I need to be near to my family, I have already lost my Brother & Mum, both unexpected.

    I also have a pending operation which will render me unable to even do basic chores for around 6 weeks, I'm scared. If evicted the local housing do not have a duty to re-home me, as I am a single person with no dependants. I do not know which way to turn now. Any suggestions or help will be greatly appreciated. I know it's long winded, but I have done my best to keep it brief but also to get all points across. Thanks.
    Last edited by Amethyst; 19th May 2014, 10:32:AM.
    Tags: None

  • #2
    Re: Landlord has issued Section 21 to evict me... need help!!

    Just to say I've tried to get some others to come and post some help, as this is not an area I have knowledge of

    Very sorry to hear of your situation and you recent bereavements

    :tinysmile_cry_t:

    Comment


    • #3
      Re: Landlord has issued Section 21 to evict me... need help!!

      Hi, I'm so sorry to hear of the awful time you have had, and this on top of everything else

      So your housing arrears are for the period October 2013 to February 2014 - when you stopped received housing benefit? Is that all back up and running and paying the rent currently ? If so we need to look at why it was stopped and whether you could reclaim the HB missed for the period it was being sorted out. Is the section 21 based on the rent arrears or is the landlord wanting to sell?

      With regards to the investment into the house, it does sound as though it wasn't clear from when you gave the landlord the money, and he hadn't considered it an investment but a loan from the off - he sounds like he acted in your best interests at the time - in purchasing the house for you to rent and upgrading it to suit your needs - did you pay for any of the modernisations of the house yourself ? Regards the £5k you have signed an agreement stating the money was an unsecured loan so I think that boat has sailed and all you can expect is repayment of the £5k - has he kept up the payments on it since that agreement was made?
      #staysafestayhome

      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

      Received a Court Claim? Read >>>>> First Steps

      Comment


      • #4
        Re: Landlord has issued Section 21 to evict me... need help!!

        Have you spoken with Shelter and / or Citizens Advice ? Shelter ( http://www.shelter.org.uk/ ) might be able to help more immediately with regards how to deal with the section 21 notice and help with your options if there's nothing you can do to fight that.
        #staysafestayhome

        Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

        Received a Court Claim? Read >>>>> First Steps

        Comment

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