Tweet
My daughter, who is in arrears with her rent, of which I had no knowledge, decided to ask my help after she received Form 3, Housing Act, Section 8, a notice of repossession. I too received a copy as I am guarantor. I replied to the landlord but did not get a reply. A week later he phoned me to say that he does not live at the address that the letter was headed during the week. We had therefore lost a week of the two weeks notice. After trying to call him without success, I then missed his call. It was Father's Day and I was being entertained! I rang back and left another message offering my email address. There followed a bizarre few exchanges when I explained my Daughter's situation.....husband run off, no money, awaiting C.S.A. and Housing Benefit responses etc. He asked for a proposal regarding re-payment, his reply to my proposal was that he wanted a firm proposal, again I replied, in detail. He again responded asking for this in table format. I did his and returned to him in a PDF, by email at 11.45 a.m. on Tuesday 23rd. Having had no reply I informed him, late that night, that I would be away all day on the Wednesday but if he would answer my email, I would reply, today Thursday. That reply was not there on Wednesday night but arrived today. The reply is,
"Many thanks for your repayment proposal of 23 June 2015. Unfortunately, your plan has fallen short of the expectation of my creditors. I am therefore unable to accept your proposal.
Unless a sum of £1,500 (£820 - 50% of the arrears of £1,640 as of 17 June 2015, plus £680 - full rental payment for June 2015, due on 18 June 2015) is paid by 5pm on Friday 26 June 2015, the re-possession of 52 Talygarn Street will proceed as scheduled.
A Section 8 Possession Notice as set out in the Housing Act 1988 as amended by the Housing Act 1996 has been issued to each of the tenant on 9 June 2015. The tenant must leave the property by 12 noon on Saturday 27 June 2015.
If the tenant choose to remain in the property after the above deadline, a court order will be sought for their lawful removal on Monday 29 June 2015."
Everything that I have written about the situation has been ignored and my proposal that I have tried to get him to understand has been rejected. If he had not wasted so much time, I may have been able to respond but I am getting the feeling that he is not being obstructive. With less than two days for her to leave it is obviously totally impossible to achieve at this late stage.....even if she wanted to. She has a young child in bed ill, has just enrolled her in Primary School in the next street, works half a mile away, is not far for my wife and I and so on. The tenancy was signed by her and her husband who left in March. The landlord sent them separate letters but as he does not live there, he has no idea of what is unfolding. I requested a few times that the landlord sends the letter to her husband's new address but he has declined. My argument was that he should pay half of the arrears whilst living there and should at least be informed.
I could raise the money demanded but not in two days but am reluctant to do so because her 12 months contract expires soon and I just get a feeling he wants her out. I am angry about this, she has worked hard to maintain the property, has a variety of vegetables planted in the garden and just wants a bit of sympathy as things settle down, financially as well as emotionally.
Can I oppose this Notice? It seems to be accurate but does not have any way on the form, of offering a defence. Should he seek a Court Order, which seems inevitable, can I attend court and defend her position, with my proposal and cash in hand if required?
Thank you.
"Many thanks for your repayment proposal of 23 June 2015. Unfortunately, your plan has fallen short of the expectation of my creditors. I am therefore unable to accept your proposal.
Unless a sum of £1,500 (£820 - 50% of the arrears of £1,640 as of 17 June 2015, plus £680 - full rental payment for June 2015, due on 18 June 2015) is paid by 5pm on Friday 26 June 2015, the re-possession of 52 Talygarn Street will proceed as scheduled.
A Section 8 Possession Notice as set out in the Housing Act 1988 as amended by the Housing Act 1996 has been issued to each of the tenant on 9 June 2015. The tenant must leave the property by 12 noon on Saturday 27 June 2015.
If the tenant choose to remain in the property after the above deadline, a court order will be sought for their lawful removal on Monday 29 June 2015."
Everything that I have written about the situation has been ignored and my proposal that I have tried to get him to understand has been rejected. If he had not wasted so much time, I may have been able to respond but I am getting the feeling that he is not being obstructive. With less than two days for her to leave it is obviously totally impossible to achieve at this late stage.....even if she wanted to. She has a young child in bed ill, has just enrolled her in Primary School in the next street, works half a mile away, is not far for my wife and I and so on. The tenancy was signed by her and her husband who left in March. The landlord sent them separate letters but as he does not live there, he has no idea of what is unfolding. I requested a few times that the landlord sends the letter to her husband's new address but he has declined. My argument was that he should pay half of the arrears whilst living there and should at least be informed.
I could raise the money demanded but not in two days but am reluctant to do so because her 12 months contract expires soon and I just get a feeling he wants her out. I am angry about this, she has worked hard to maintain the property, has a variety of vegetables planted in the garden and just wants a bit of sympathy as things settle down, financially as well as emotionally.
Can I oppose this Notice? It seems to be accurate but does not have any way on the form, of offering a defence. Should he seek a Court Order, which seems inevitable, can I attend court and defend her position, with my proposal and cash in hand if required?
Thank you.
Comment