Section 21 Notice To Quit, DDA 1995

[neiljones]

Hello.
My landlord is evicting me because the council pay my rent every 4 weeks and the landlord wants to be paid 12 times a year not 13 times per year. It always looks like i owe them rent arrears. the council moved me in here and paid my Depoist and rent in advance through a scheme called the Rent depoist scheme. since 22/11/2007 the landlord has been sending me letters claiming that i owe rent. The council keep telling me they will sort it out for me, aal that has happened is me been given NTQ. The council pay the landlord direct,

I was given my first NTQ on 17/09/2008, the court struck out the claim because of a defect on the NTQ. I have now been sent a new NTQ which has 11 errors in it, i understand that only a court or time can invalidate the NTQ??. Can anyone tell me please if i am right.

I am a disabled person so i am plannig on using the Disability Discrimination Act 1995, as a defence. the DDA 1995 states that , it is unlawful to evict a disabled person or to subject him to any other detriment. I want to test the law and maybe take my case to the High court or House Of Lords.

I was in the Hackney gazette you can read my story from there website Hackney gazette Digital Edition 25/12/2008

The first NTQ was strck out because it said, The Housing Act, it should of said The Housing Act 1998

[agent46]

Originally Posted by neiljones

I am a disabled person so i am plannig on using the Disability Discrimination Act 1995, as a defence. the DDA 1995 states that , it is unlawful to evict a disabled person or to subject him to any other detriment.

Not quite. You've omitted the words to the effect of "[subject him to any other detriment] for a reason related to his disability".

From what you have said, it appears the landlord is seeking possession because of irregularities in your payment record. However, a s.21 notice does not require the LL to give reasons.

Please detail the errors in the s.21 notice, as these will probably give you more hope of success.

[Poppy]

For a landlord to issue a section 21 notice seeking possession, it does not require a reason. It does however need to be free of defects, as you appear to know. If you have spotted errors, there is no need for you to point them out to your landlord (unless you want to). Either your landlord will notice themself and issue yet another section 21 notice or if it gets as far as going to court the judge will reject it.

One day your landlord will get their act together. In the meantime, are you doing anything to find alternative accommodation that you are happy with and are not rushed into accepting?

[neiljones]

Hello,
Thank you for the replys, the council will not rehouse me until i have a possession order, i am waiting for the council to rehouse me. I am not working due to illness. I do not have the money to find my own place to live i am at the mercy of the local council

[neiljones]

Originally Posted by agent46

Not quite. You've omitted the words to the effect of "[subject him to any other detriment] for a reason related to his disability".

From what you have said, it appears the landlord is seeking possession because of irregularities in your payment record. However, a s.21 notice does not require the LL to give reasons.

Please detail the errors in the s.21 notice, as these will probably give you more hope of success.

Some of the errors are, they have put section 24 (4) of the housing act. they have not put which flat they want possession of, the date of expiry is wrong they have put 17th April, it should be the 16th april 2009.
This NTQ was sent by a solicitors, a 10 year old would of done better on there Home Computer.

[jeffrey]

Originally Posted by neiljones

Some of the errors are, they have put section 24 (4) of the housing act. they have not put which flat they want possession of, the date of expiry is wrong they have put 17th April, it should be the 16th april 2009.
This NTQ was sent by a solicitors, a 10 year old would of done better on there Home Computer.

Er, when alleging others' errors, consider one's own? Pot/kettle/black.