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jinny
25-02-2006, 20:59 PM
As some of you will have read, my LL served me with a sec 21 in Dec 05.
Last thursday, some fella came round to put a for sale up, obviously it took me by surprise, so he went away, without putting it up, after i exlpained that the LL hadn't told me he was doing it! I got a weird voicemail from the girl in the office about 2 hrs later, reminding "you are just the tenant, and we are selling the property, and if you refuse the sign to go up again, we will get a court order to make you let us do that" What i can't understand, is this, If the LL is legally allowed to do this in the first place with or without my knowledge or consent, why is she saying they will get a court order? I know the house is theirs, so they are allowed to do what they want to it.
Another query is; my gas inspection should have taken place on 13th feb, the bloke never turned up! i rang the office twice, and they told me he was held up elsewhere, so i asked for them to re-arrange it for the 16th if possible, they said they would get back to me, they never did. Friday just gone, i got a letter saing they were coming on 27th feb between 11am-1pm, but the girl rang me yesterday from the office and said if i don't let them in, or i am not available, they will get the police escort, and they will change the locks!! does this boil down to threatening behaviour, or harrassment? I was in the first time the bloke should have come, and i was the one who requested for him to come back out 2 days later! I have kept the voice mail, so i can let the housing officer listen to it, as i think they were were being awkward,
I have no problem with the gasman, as i know the LL is legally obliged to do it, but, it does seem funny that they are rushing this through as they know it is going to court about the sec 21, with all the crap they have told me.
So, what my question is, is are they just being awkward, or are they trying to make out that i am being un-co-operative?

Energise
25-02-2006, 21:55 PM
As some of you will have read, my LL served me with a sec 21 in Dec 05.
Last thursday, some fella came round to put a for sale up, obviously it took me by surprise, so he went away, without putting it up, after i exlpained that the LL hadn't told me he was doing it! I got a weird voicemail from the girl in the office about 2 hrs later, reminding "you are just the tenant, and we are selling the property, and if you refuse the sign to go up again, we will get a court order to make you let us do that"
No they wont, and if they had said that to me I would of taken it down by now.
What i can't understand, is this, If the LL is legally allowed to do this in the first place with or without my knowledge or consent, why is she saying they will get a court order? I know the house is theirs, so they are allowed to do what they want to it.
No at the moment its yours.
Another query is; my gas inspection should have taken place on 13th feb, the bloke never turned up! i rang the office twice, and they told me he was held up elsewhere, so i asked for them to re-arrange it for the 16th if possible, they said they would get back to me, they never did. Friday just gone, i got a letter saing they were coming on 27th feb between 11am-1pm, but the girl rang me yesterday from the office and said if i don't let them in, or i am not available, they will get the police escort,
No they wont, arrange a time mutualy acceptable to you and the gas man
and they will change the locks!! does this boil down to threatening behaviour, or harrassment?
Yes but it has to happen on more than one occasion for it to be harrasment.
I was in the first time the bloke should have come, and i was the one who requested for him to come back out 2 days later! I have kept the voice mail, so i can let the housing officer listen to it, as i think they were were being awkward,
I have no problem with the gasman, as i know the LL is legally obliged to do it, but, it does seem funny that they are rushing this through as they know it is going to court about the sec 21, with all the crap they have told me.
So, what my question is, is are they just being awkward, or are they trying to make out that i am being un-co-operative?

What a bunch of A*******s

jinny
25-02-2006, 22:44 PM
If this company were to put a forsale sign up, would i be within my right to refuse it/take it down, or would they do me for criminal damage? i am expecting them to come back sometime next week with the sign!
I don't think this company is all it's cracked up to be, as i looked on the companies house website last week, and noticed that they sold this house in August 05, AFTER they bought it from us in May 05, it seems the comapny went under, THEN started up again in the same name, but with "central" in their name! I think the sec 21 that they served me with, ws because i had to get the enviromental health onto them as it took them 4 months to mend my shower, and that was the only form of bathing i had!!
I have got emails i have sent to the company which have gone unanswered, and i did get a solicitors letter about the sec 21, which i was told i should contact them about if i was going to dispute the sec 21,which i did, THAT has gone unanswered too!
They said in dec 05, they were going to come into the house and re-vamp it, that hasn't happened! there are so many things they have said verbally,which they haven't done, i am HOPING and PRAYING they let it go to court, cos i think this company are like what you say!!! I would give you their name, but it isn't wise to put it on here unless i PM you.

justaboutsane
27-02-2006, 10:24 AM
Jinny I just found this question and answer on the Landlord law website... I am not sure if it is of relevance to you but it may help!...

Question: We are renting a property in Wales. The lease was for 6 months (which we paid in advance). We came home from work one day and found a For Sale Sign out the front. Can they do this without written notification? Mrs R Mawdesley

Answer: No, not without your permission, unless (which is unlikely) your tenancy agreement permits it. Check your tenancy agreement first, and then take it down and telephone the name of the agency on the board and ask them to come and take it away. If they refuse to do this and come and put the board up again, then I think this could be classed as harassment, which is a criminal offence. You should report this to your Local Authority who will assist and advise you. 26 February 2006

The website is www.landlordlaw.co.uk and if you look at this in the next two weeks you do not have to be a member to view it! Just click on the "Non members" section and click "Q & A".

Good Luck hun... oh and out of interest can you private message me the name of this company, they sound like someone we have had dealings with! I won't post the name on the board.

Poppy
27-02-2006, 12:34 PM
Yes, the landlord is supposed to have a current gas safety certificate.

Yes, you had problems with the shower.

Yes, your landlord has given you notice to quit.

Yes, the landlord has erected a for sale sign against your wishes.

Yes, your landlord may not be very professional.

In the light of all this, what are you actually doing to find yourself a nice new place owned by a professional landlord and/or managed by competent agents?

Why don't you ask the members what advice they can give you to make your renting experience more positive?

justaboutsane
27-02-2006, 12:45 PM
Poppy, if you read the original thread posted by Jinny sometime ago you will see she is trying! The local Authority are also trying to help the family out but they don't work very fast!

With a credit file that shows that their home was nearly repo'd how many professional landlords would actually house this family anyway!

To be honest, I am surprised the local authority have not taken action against this landlord as when you add everything up I would say it contrues harassement. Just my personal opinion though.

jinny
27-02-2006, 12:45 PM
Hiya Poppy.

I am now on the local housing list, which isn't ideal, but it is the principal of the matter, as this company have lied through their back teeth to me with one thing or another, i am not clutching at straws anymore, but it is obvious this company buy your house from you with the promise of you renting it back, then serving a sec 21 so they can sell it on! they say they have houses to let in the area i live in, they DON'T, they only have houses that are for sale!
As i write this, i am waiting for the gas inspection bloke to turn up, he still hasn't arrived, the last time he was due, he was "held up" which is always their excuse.
I know there are some genuine LL's out there who do look after their tenants, but obviously this company don't give 2 hoots!
Regarding the gas safety certificate, i have been told the LL has broken his part of the tenancy agreement as they took this house over in May 05, and they have had till Dec 05 to get this done, i think they are rushing this through, so it doesn't put them in a bad light.

jinny
27-02-2006, 12:51 PM
Poppy, if you read the original thread posted by Jinny sometime ago you will see she is trying! The local Authority are also trying to help the family out but they don't work very fast!

With a credit file that shows that their home was nearly repo'd how many professional landlords would actually house this family anyway!

To be honest, I am surprised the local authority have not taken action against this landlord as when you add everything up I would say it contrues harassement. Just my personal opinion though.

Yes, i too think it's harassment, i still have the voicemail the girl from the office left me on my mobile last week, saying that they will get a court order to make me have the sale sign up, plus the threat of the police coming with the gasman if i am not available today, which i am, he's sposed to be here between 11am and 1pm, it's now 12-50pm, he still hasn't arrived! I am going to let the hosuing officer hear the message and she what she thinks.
In the meantime, where do i stand if the gasman doesn't turn up at all today?

RichieP
27-02-2006, 14:08 PM
The message about the police coming is b*ll*cks. Do you think the police are going to escort a gas fitter into your property?

If it doesn't get done today I'd contact the Environmental Health dept (I think that's the correct one) at the local council to tell them your concerns.

davidjohnbutton
27-02-2006, 14:38 PM
I have seen a similar posting to the one by jinny on the home repossession website which I also used to monitor and respond to.

The lady on the home repo site basically had a company that bought the house and then rented it back to the sellers - the contract went through as the bailiff waited at the door to actually evict the sellers who at that stage had a possession order which was being executed.

The seller, now tenant was worried that they had jumped out of the frying pan into the fire and credence was given to the fact that they had not been given a tenancy agreement but the understanding was that one would be produced giving a least of either six months or one year.

My own interpretation of what was going on was that the company concerned was buying up property at knock down prices bordering on 50 to 75% of market value from people who were in trouble with their mortgage repayments - a so-called "rescue plan" and then they were renting the property back to the sellers on short term leases under the shorthold provisions. My belief was that after the initial contract period, and depending on the market at the time, the company would then terminate the lease using a S21 notice in the normal way, and the house would be repossessed - again in the normal way - as an end of letting period (i.e. using the accellerated possession process) and the former sellers would be homeless anyway. The benefit to the company was to then sell the house at full market value with vacant possession, or, if they judged the time was not right, to re-let at a much higher rent (the intial seller/tenant rent being much lower to act as an inducement to poor unfortunates who had no better deal on the table at the time).

As it is, this company and their like do nothing illegal but their actions are morally questionable. As soon as the sellers become tenants, a bullying tactic situation commences in the same type and manner of jinny's postings.

Unfortunately I was unable to follow subsequent matters in the case on home repo site as the forum closed down and no further postings were allowed.

jinny
27-02-2006, 16:05 PM
I have seen a similar posting to the one by jinny on the home repossession website which I also used to monitor and respond to.

The lady on the home repo site basically had a company that bought the house and then rented it back to the sellers - the contract went through as the bailiff waited at the door to actually evict the sellers who at that stage had a possession order which was being executed.

The seller, now tenant was worried that they had jumped out of the frying pan into the fire and credence was given to the fact that they had not been given a tenancy agreement but the understanding was that one would be produced giving a least of either six months or one year.

My own interpretation of what was going on was that the company concerned was buying up property at knock down prices bordering on 50 to 75% of market value from people who were in trouble with their mortgage repayments - a so-called "rescue plan" and then they were renting the property back to the sellers on short term leases under the shorthold provisions. My belief was that after the initial contract period, and depending on the market at the time, the company would then terminate the lease using a S21 notice in the normal way, and the house would be repossessed - again in the normal way - as an end of letting period (i.e. using the accellerated possession process) and the former sellers would be homeless anyway. The benefit to the company was to then sell the house at full market value with vacant possession, or, if they judged the time was not right, to re-let at a much higher rent (the intial seller/tenant rent being much lower to act as an inducement to poor unfortunates who had no better deal on the table at the time).

As it is, this company and their like do nothing illegal but their actions are morally questionable. As soon as the sellers become tenants, a bullying tactic situation commences in the same type and manner of jinny's postings.

Unfortunately I was unable to follow subsequent matters in the case on home repo site as the forum closed down and no further postings were allowed.
Yes, DJB, that was me!
I do remember you replying to my posts on that site, but like you say, i have jumped out of the frying pan into the fire, the company say they only sell to other private LL's, if that's the case then, why have a for sale sign outside the house, knowing full well, joe public could enquire about it!
The gas safety man turned up at 1-10pm, he told me that my situation is all too familiar, especially with this company i am with! all my gas is ok anyway.
This has been a hard, expensive lesson to be learned, we have "lost" proberbly about £40.000 through letting this place buy our house, but at the time, as you know, we were not in a position to sell it ourselves through the normal channels, due to the time line of the repo date given by the county court/building society.
It makes me wonder how this place has managed to keep in business!!
They are advertising this house on the; rightmove.co.uk website for £90.000 with the description of "minor cosmetics" to be done, yes, they need to put in new windows, central heating, and re-do the outside wall! god help anyone who's going to be gullable enough to buy it! and they say "external viewing only, tenants not to be disturbed" who in their right mind would buy a house just on the strength of seeing it from outside???

davidjohnbutton
27-02-2006, 16:17 PM
I did wonder if you were indeed one and the same from the home repo site jinny.

It looks as if my prediction then is now coming to fruition. I would heartily recommend you see a solicitor to see if there are any get-out clauses or promises which the company made viz a viz your tenancy that could be used to further your security of tenure, but I am afraid that unless the company have slipped up in their paperwork over the sale and/or the letting contract, I think you will find they are watertight.

That being the case I am afraid it is a case of "abandon ship" and find one that floats on a more even and fair keel.

Depends where you are looking, but I expect to have a property available to let in Thurnscoe near Rotherham South Yorkshire and if you or any other readers are interested please email me privately on davidjohnbutton@supanet.com The house is three bedrooms, double glazed, central heating and private driveway and I will be looking for about £80 a week for it.

jinny
27-02-2006, 16:46 PM
Could verbal agreements count for anything i wonder? if so, they have a lot to answer for! i will just have to play it by ear really, and hope i can get to see/speak to a solicitor asap.
BTW; I have sent you an email. Jane.

jinny
02-03-2006, 13:35 PM
Update....
The local housing officer came to do the home visit today, and from what she has told me, this company have told her they are giving me notice, then re-letting the property to someone else! I let her listen to the voicemail what i have got, and she said if they are now selling the house, then there's little i can do about it, but she is going to ring them and find out what is going on, also to be classed as "priority 1" here in stockport, i need to pay off the arearrs on the rent, which i have no problem with that.
Then she said the girl who deals with me at this office, told her that i am un-co-operative, as i have refused entry for the workman!!!!! NO, the bloody workman NEVER turned up when they said he was due!!! so all in all, it is going to be my word, against theirs.
Even the housing officer has told me this girl from the office has got an atitude, and she also told me to keep the voicemail for future reference.
I don't know how it works with other local authorities, but she told me that she has recorded the conversation she had with the letting place.
If they are selling, then it will be in my favour, if they are just wanting me out, so they can re-let it, then she said i will be classed as "intentionally homeless" How do they work that one out? If they want me out cos they don't like me, then that's unfair. It's proberbly cos i have stood upto them that is what they don't like!!

justaboutsane
02-03-2006, 14:28 PM
Does this LA woman know what she is on about?? How can you be intentionally homeless when the landlord issues a section 21?? Ok so you may have asked the LL to evict you in this way but even so.. thats the point of a section 21.. the landlord does not have to give a reason it is just issued!

Sounds to me the company you are with do not have a clue either! .. nwhy kick you out only to let it out again?? That does not make sense! If they wanted to get rid of you for rent arreas they should have gone down the section 8 route.. but as you say you have a defence to the rent arrears!

Poppy
02-03-2006, 14:56 PM
I recall warning you on 29 December 2005 that you may seen as intentionally homeless by the housing authority. http://www.landlordzone.co.uk/forums/showpost.php?p=9849&postcount=55

Do you remember?

On that thread there are 60 replies from the members. Now on this thread we are up to 16 and counting.

Jinny, please tell the members what positive action you will take as a result of all this free advice and support?

jinny
02-03-2006, 21:15 PM
Poppy,

How can i make myself homeless when it is the LL who just wants me out? i personally think it's because i had to get the EMH onto them about my shower, i nvever had no problems until then, and then it all went downhill so to speak.

As for doing positive, i am doing what the Housing Officer has advised me, and i am to keep on bidding for different properties, either council or private or both.