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help with notice to quit.

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  • help with notice to quit.

    Hi

    I moved into a rented property 12 months ago. I was given notice to quit by 31/1/15 by the estate agency. I have had rent arrears during that last 5 months due to periods of unemployment and delays in benefit payments. the arrears have never been by more than a couple of weeks whilst i have been waiting for payments to be processed.

    The condition of the property has not deteriorated over the period of my tenancy and is clean and tidy.

    I understand that i can stay at the property until an eviction notice is enforced, but i really want to avoid this as it will cost and make things more difficult.

    I am currently unemployed,( although i normally work) i have a dog(xs), and i am single. The local rent cap for me is £75pw, my current rent is £113.

    None of the properties for single people offered by the local authority or the local housing associations accept dogs even if there wasn't a minimum 12 month waiting list. There are no properties available privately less than £95 per week unless i move to communal living. I am 50 this year communal living is unacceptable as is being without my dog.

    When the gas inspector visited the property he noted that some one had removed the gas fire and failed to seal the pipe properly, leaving a potential for gas to leak. A mr kirby had carried out this work. Mr kirby has visited several times uninvited and unannounced. He misrepresent himself as the landlord. Mr kirby is not gas safe registered. My tenancy agreement gives the landlords name as a firm of local solicitors whom i have had no contact with. I believe the property is in trust and he is the beneficiary.

    I have complained to the estate agents about Mr Kirby as i found previous tenant had also complained. i was not told any of this by the letting agents. Not only does mr kirby visit when i am in but neighbours have witnessed him peering through my windows when i am not there. I have never objected to the agent visiting to carry out inspection or objected to work being carried out.

    I have composed a letter to send to the agents asking for them to delay proceedings until june to give me a chance to get back to work and can save the money needed for a deposit and application cost. In the letter i explain the reasons for the rent arrears (they are already aware) and then go on to mention my kirbys behaviour and the gas work. The fact that a unregistered person carried out gas work is punishable by the local building control and i believe if a landlord want to visit the property he should give 24 hours notice.

    Obviously this is letter says you don't agree and i will report you to building control and the estate agent to their regulatory body.

    My question can i get into trouble for sending a letter that although overtly does not make a threat that is the intention, or am i just negotiating. or is this just a shit idea born out of desperation.

    Any suggestion for other options i could take gratefully received.

    thanks Russell
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  • #2
    Re: help with notice to quit.

    Hi Russell

    Sorry to hear about the problems with your home/potential loss of it and repair issues. i hope this post reaches you in time and has some use to you.

    is the notice that you have been issued, issued correctly?
    you are a private tenant with AST, original fix term for 12 months?
    your landlord must give you a minimum of 2 months, if not fixed term but periodic the landlord needs to get the expiry date right.
    has anyone advised you of Descretionary Housing Payment? you get this via HB, it is discretionary and only a temp measure to help meet shortfall - usually 13 or 26 weeks or you can ask as part of the application that HB pay your arrears, or actually both.
    you can also ask the council if they run a rent deposit scheme. dependant on how its run they can offer you a loan which you pay back direct to them - its usually interest free. alternatively you can ask if they work with a local charity, could they refer you to that charity who could then make a loan to you. The LA may insist that you seek debt con selling first if you have multi debts, but this usually just requires initial engagement for advice.
    last resort try a website called Turn2us - its chocca block full of charities that offer loans/grants for all sorts of things.
    its hard trying to find a new landlord, but the word out amongst family/friends, try local press, cards in shop windows/supermarkets. you may have to move to a cheaper area where property is within your LHA rate.
    finally some LA's have social housing for 50+ try putting your name on their housing register, there are also private HA's out there that rent to persons 50+ at least then you would have a bit more tenure security.
    Repairs - you could involve the LA enviromental health officer, but i don't see that this extra stress will help you at the moment unless your landlord agrees that you can stay.

    the above are my opinions only, others may have a different view, so hopefully you will get other responses as well.

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