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Trimming bushes

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« on: August 28, 2020, 09:46:27 AM »

My  landlord is contracted to trim the bushes.

The bushes are on the parameter of the premises and on the edge of the garden area of the driveway.

Does my landlord have to give me notice that they are to be carrying out the maintenance just as the landlord would be required if they wished to come into my home and carryout maintance?

The council have told me to stand my ground, they said once I receive the new eviction notice, they will make sure this time its legal.

I'm also going to have a member of their team help me with the antisocial behaviour.
Regardless if the landlord wants me out they must respect my right to peace and enjoyment. 

So yes I am trying to arm myself, but only in a way that I do it legally and no detriment to any case legal action against the landlord. I'm just keeping options open.
« Last Edit: August 28, 2020, 04:21:09 PM by Danmagnamius »
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« Reply #1 on: August 28, 2020, 10:07:59 AM »

It feels like you're [very] busy arming yourself to be a nuisance and I don't want part of that. You aren't taking the advice that was strongly recommended, that you try to find a way out of this sticky situation instead of being (becoming?) a trouble-causer (maybe entirely in retaliation - that's understood - but still...). Focus your bountiful energies elsewhere... idle hands are the Devil's tools.
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« Reply #2 on: August 28, 2020, 10:31:46 AM »

Now stop this,before you end up in trouble.If that happens,then your landlords really will have won.Stop this pettiness.I have to be honest and say that I am left wondering just what the background is,that led to such hostilities between you.I know it is hard,but you asked for advice,and it is going in one ear and out of the other.You are starting to enjoy this,and that will end badly.Two wrongs will not make a right. 
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« Reply #3 on: August 28, 2020, 04:02:46 PM »

The hostilities are due to my landlord giving me a sham licence agreement to sign, that takes away my statatury rights. My lanlilord has led a campaign of harrasment against me since they have been trying to evict me, false unfounded accusations  threats of acting as a professional witness as a Psychologist against me.  Accusing  slander, theft and harrament, the police came I showed them the video of the so called harrasment incident. The landlord was reprimanded for making a false report. The landlords behaviour has been relentless including attempts of intimidation all incidents have been recorded on my doorbell camera. By advice from CAB I warned my landlord turn up unannounced to trespass and  to only contact me by email, this has been ignored and the gaming  games have continued.


The council have confirmed I have confirmed I legally have a tenancy and the landlord must evict me legally.

I've got to the end of my tether as I haven't got the money to leave at present. So I'm looking for legal ways I can assert my statuary rights. So looking for advice to do that.

 
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« Reply #4 on: August 28, 2020, 07:48:00 PM »

You will still need to find somewhere else to live.Has your income been affected by lockdown,to the extent that you are not sure you would pass the income test for somewhere else? If so, I can understand you may wish to stay put for as long as evictions are on hold. If you want to be left in peace in the meantime,nitpicking about a gardener pruning the hedge is going to inflame matters.If you could still afford the rent on another place,then you have already been given advice on here about asking your landlords to stump up for your moving costs.I am pleased you are getting some advice from the council,but you need to get away from there.
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« Reply #5 on: August 29, 2020, 10:39:18 PM »

The money situation is the only reason I am still here, I didn't have any work for 3 weeks, then I got a new job was on a 3 day week for about a month. Now I'm working full time but taking home 75 a  week less.
 I guess you could call  my questions nit picking but its more of a knowledge and understanding to arm myself if nessecary.

 My methods has served me well so far. My landlord though has not admitted I have a sham licence agreement has issued me with a Section 21 eviction notice.

This is going to be a long time until the process is exhausted, because of backlogs.

By then I will save for a deposit. And claimed compensation from my landlord for not putting my deposit in a rent deposit. The council are now acting on my behalf confirmed I have a tenancy and the licence is a sham.

The council are now going to write to the landlord to encourage them to stop harrament, if it continues it will be on record. The police also have it on record.

The council have not got the resources to help everyone extensively. They have adviced me that I should pursue harassment through the civil courts.
 
I now have breathing space, so  things are now looking up.
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« Reply #6 on: August 30, 2020, 07:42:01 PM »

You need to concentrate on the core issue: this situation ends with you leaving, one way or another.

Your landlord wants you to leave, the sooner the better.

You want to leave, the sooner the better.

Your landlord can't make you leave any time soon because the law requires a minimum three months' notice for a Section 21 (assuming you don't do anything to warrant a Section 8 process), plus the time to obtain and enforce a court order - and that's on the basis that they don't balls up the Section 21 and have to start again.

You can't leave any time soon because you haven't got the funds to move.

Surely then, the solution is for you to work out how much you need and, if it's a reasonable sum, ask for that, plus a positive reference, in return for your moving out within X weeks and not suing them for their failure to protect the deposit and issue the Prescribed Information. You get a new home; they get shot of you at a bargain price. Everybody wins.
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« Reply #7 on: August 31, 2020, 07:11:48 PM »

They have given a section 21, they are still trying to save face by saying I am l lodger lodger whilst simultaneously admitting I have exclusive possession.

I always been a model tenant with good references and paid my rent on time.

One of my neighbours didn't know I was looking she would have rented to me only 200 metres from where I am now. But someone moving in next week.

Council have backed me up I have a tenancy.

They are not willing to negotiate a settlement.

She is a NHS psychologist he is a senior barrister, they said they can't afford a settlement but they will lend me 500.

My best bet is claim deposit compensation and sham licence compensation, the going rate is 20% reduction in rent due to breach of contract due to unfair clauses in the sham licence agreement.

I relented on the 24hr notice becuse people said I was looking for reasons to be knit picking so I allowed the landlord to use my plug for their hedge trimmer and to do the work without notice.

22. To maintain the flower beds and hedge in the front garden.

Gone out there when the landlord wanted her extension lead back and she cut out one of the bushes, I asked and she said she's, going to make changes to the flowerbed.

As I said in previous posts she's a, NHS psychologist and she knows that changing my environment causes distress, like parking in the middle of my driveway when the agreement is she can park on the the righthand side.

She's playing mind games, even her husband told be that she's,a trouble maker as well as the neigbours. I Don't think she's been challenged before so behaves with impunity.

All I want to do is live in peace, everything was fine for the first 11 months then she decided to make me a target, because she wants me out but she messed up and wasted 4 months because she gave me a sham licence agreement

« Last Edit: August 31, 2020, 07:31:06 PM by Danmagnamius »
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« Reply #8 on: August 31, 2020, 08:16:00 PM »

Well, even people in well-paid jobs can be rubbish with money and end up skint, but if they're that short of cash, why are they so keen to get rid of a "model tenant" and lose a monthly income stream?

The way I see it, if they can't afford to settle, then they certainly can't afford not to settle. I suspect this is about more than just money now. Power? Pride? People are funny like that. (At any rate, it won't do much for yon barrister's pride if he has to stand up in court and plead ignorance of the law!)

That said, I wouldn't lean too heavily on the "sham licence"/breach of quiet enjoyment angle: it's too woolly. The deposit protection breach is much more clear-cut; 1x the deposit is virtually guaranteed, and probably more given the aggravating circumstances.(Incidentally, I don't know whether a tenancy without a formal agreement automatically becomes an SPT at the end of six months - i.e. a second tenancy. It'd be nice if it did - double your money, double your fun!)

Incidentally, I take it you've checked that the Section 21 is valid? i.e. they've provided an EPC, gas certificate (where relevant), provided the How to Rent guide and returned your unprotected deposit etc. Of course, if it's not valid, you don't have to tell them yet. Give them the full three months before you point out that they've got to go back to square one.
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« Reply #9 on: August 31, 2020, 10:57:58 PM »

The "they are not willing to negotiate a settlement" seems too assured and blanket... why don't you come up with something - something they can consider - highlighting all the risks and unknowns and time and hassle of the alternative route... they may not be aware of all this, they may not be aware you are... knowledge is power and all that... but isn't there something to be said for working towards resolution you can both live with? I would create some kind of proposal and write it up in terms that highlights the negatives of not considering it. And - because you don't want to prolong this too - I would be pragmatic and non-greedy about what your proposal asks for. Let yourself find peace somewhere else. As this stands you're both looking at months and months and months... whatever happens you're still paying them each month and that must hurt a bit.
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« Reply #10 on: September 01, 2020, 08:31:40 AM »

I do agree with you, I have set out what the going rate is for court awards, and have asked for only have as a setlement.
But they are not interested they have a solicitor involved, I'm working around him, but still she continues to want to play games.
Her husband is a senior Barister he drew up the sham licence agrement, but based upon her mis-direction. He's a lapdog who does what he's told so he's also stuck between a rock and a hard place.

I think she is so used to getting bailed out and getting her own way, that she thinks she can do it with me.

I've tried to come to an arrangement but they simply won't budge.

They have issued me with a section 21, admit I have excusuive possession, but deny I have a AST, even though the council have ruled I have an AST. Instead of coming clean they are in denial.

Their solicitor mentioned somthing about a mediation service, but I do not want to enter into somthing that is legally binding.

I simply cannot argue with stupid.
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« Reply #11 on: September 01, 2020, 09:43:04 AM »

I'm saying make a proposal... legally-binding though it may be... and chuck it over the wall... they're bound to show it to their Solicitor... who may get them to see the light. Right now, you're in a war of attrition... but you already know the outcome... you will lose the land you currently occupy, no matter what... sure, you might be compensated... but in battle / war terms - you will lose. So best to lose on your terms...
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« Reply #12 on: September 01, 2020, 12:15:38 PM »

Thanks for the reply, their solicitor has replied and said the issues a section 21 so no further negotiations required so they have been instructed to not sned any further Corospondence.

I did say that since I have was given a sham licence agreement, so consequently my 500 deposit was not put into a rent deposit scheme, they have admitted I have exclusive possession and the  agrivating factor of it being a sham licence agreement the judge will almost certainly award me the full amount of 3 times the amount, I asked for 1500 to save going to court as this is a cut and dry case, and I also have the backing of the council.

There response was that I'm attempting to extort money from them .

Well they can pay court cost and legal fees to fight that. I though I was doing them a favour by saving them money long term. But they obviously don't agree.

Their solicitor isn't much cop if that's his advice.
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« Reply #13 on: September 01, 2020, 02:55:23 PM »

How are you going to proceed? My own feeling now is that you need a solicitor to fight your corner,if that is what you want to do.CAB or Shelter should be able to give you some names. On the other hand,you could beg or borrow some money to enable you to move,and you could still take action afterwards  if you felt so inclined. Be very careful,play with a straight bat.It is still unclear to me why they initially told you to leave. Unless they want to sell the place,they will be left with a void property. You don't have to give details here,but don't keep anything back if you do seek legal support. If there is any suggestion that she is basing this solely on the grounds of your Aspergers for instance,this should be mentioned. First priority is getting rehomed.         
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« Reply #14 on: September 01, 2020, 03:48:38 PM »

They only just served the section 21 runs to 7th December.

They won't be selling they want their sons to live in the property.

I'm going to start with rent deposit compensation.

That's a standard procedure.

Explaining due to the agrivating circumstances of the sham licence agreement and being accused if extortion fir attempting to exercise my rights under S213 of the Housing act 2004.

They may well claim I'm still a lodger but let them get on with it.

All they are doing at the moment is throwing accusations back at with nothing to back it up.
Hopefully they will see sense and admit wrong doing then we can move forward amicably.

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« Reply #15 on: September 01, 2020, 05:09:44 PM »

They were probably in a bit of a hurry to get the Section 21 served before the notice period got extended. Are you sure it's valid i.e. did they give you your deposit back and provide you with an EPC, How To Rent Guide etc before the Section 21 was served?

It's interesting that they seem to be framing this as a problem of getting you out of the property (and that's all their solicitor seems to be concerned with), whereas the fact is you'd leave tomorrow (or as soon as you found somewhere to go) if you could afford to.

Getting them to admit to being wrong may be a mite ambitious, and unnecessary. All you really need them to do is grasp the nature of the situation and understand the most effective way out of it.
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« Reply #16 on: September 01, 2020, 05:32:07 PM »

Got the deposit back in full but something bizarre happened a few weeks back concerning the EPH and rent guide,  a envelope was put through my door with a note from My landlords husband. He is not my landlord. The note was unintelligible, but he did send an accompanying email.

The solicitor who wrote out the S21 only mentioned in his corrosponse that the deposit had been returned.

The email said.

You will see that I have hand delivered to you today a copy of the energy certificate for the Lodge, plus electrical installation certificate and the government checklist.

I think there was a copy of both of these documents in the Lodge when you moved in, but in case not I thought you should have these further copies. Please keep them in the fuse box/water cylinder cupboard.

The council said they will look at the wording to see if i should challenge the eviction what do you make of it. Taking into account it must be read in a way that favours the tenant. What do you mske if it.

Consumer rights act 2015

69 Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

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« Reply #17 on: September 01, 2020, 06:22:34 PM »

You will see that I have hand delivered to you today a copy of the energy certificate for the Lodge, plus electrical installation certificate and the government checklist.

I think there was a copy of both of these documents in the Lodge when you moved in, but in case not I thought you should have these further copies. Please keep them in the fuse box/water cylinder cupboard.

Ah, so you live in the Lodge, hence you're a lodger... Is their house called the Toss, by any chance?  :)

Yeah, that wording is pretty much par for the course, "You had these at the start of the tenancy but here's a copy for your convenience in case you've mislaid them". I imagine it's a bare-faced lie (or a Bar-faced lie, in this case) but you can't prove a negative so it's a pretty safe one.

Having said that, an EPC, and EICR and a How to Rent guide are all things you'd provide for a tenancy (albeit the EICR requirement is more recent) but aren't required for a licence to occupy. It rather torpedoes their argument that you're a lodger (although that argument has been pretty well blown out of the water already). but, more interestingly, it also damages their potential mitigation that they honestly believed you were a lodger at the outset.
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« Reply #18 on: September 01, 2020, 06:29:12 PM »

I think there was a copy of both of these documents in the Lodge when you moved in,

So he's not sure.

The question is though are the documents for me or the cupboard?

Looks to me like a contradiction on their part.
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« Reply #19 on: September 01, 2020, 07:12:57 PM »

I think there was a copy of both of these documents in the Lodge when you moved in,

So he's not sure.

But if he originally thought you were a lodger, why would he even think that he'd provided these documents? Perhaps that's why he's gone for "there was a copy ... in the Lodge" rather than "you were given a copy". Maybe he "thought" they were just stored there somewhere. That being the case, it's still an aggravating factor: they're supposed to provide these documents, not just conceal them somewhere about the premises.


The question is though are the documents for me or the cupboard?

Looks to me like a contradiction on their part.

It's certainly an odd turn of phrase, telling you where to stick them. I should be half-inclined to tell him where to stick them. It's probably a bit tenuous to scupper the whole deal on the strength of it though. "I have hand delivered to you ... I thought you should have these" gives the sense that they're providing you with these documents. Mind you, it would be quite amusing to reply, "I put those documents in the cupboard as requested ... should I not also have copies of these?!"
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« Reply #20 on: September 01, 2020, 07:23:13 PM »

My exact words were.

'Yes I will put the documents in the cupboard as you requested, I'm glad you messaged because I didn't understand your note'.

I would have loved to have told him where to stick it, but I'm considering using this so they start the process again.

See how I feel. I have never had an issue with amy landlords in the past I get a Psychologist as a landlord and she play mind games, and I got her husband a senior barrister who cam tell his left shoe from his right.   

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