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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Hi my name is ***** ***** my girlfrind is having problems with

Resolved Question:

Hi my name is ***** ***** my girlfrind is having problems with her landlord , she is due to fly to Poland next week for a week , ong photographic course and is worried about her flat with this landlord who may gain entry for whatever reason due to a number of issues :
1 my girlfrind has complained about thd central heating system not working for some time now and nothing has been done about this !
2 Her contract ran out a few months ago and is paying on a "roll over " basis month in advance however when she moved in she paid two months rent in advance and at the top of the contract it says that there is no deposit just two months payment which I feel is strange ! It is a "get out " cause for not returning her the one months money when she leaves ? My girlfrind by the way is moving in with me at tge end of November !
3 My girlfriends landlord is pushing her for an increase in rent of £100 / month , she already pays £625/ month for a one bedroomed flat in Stretham London which I think is very substandard and we have photos of this as evidence if need be !
4 Am I right in saying he needs to give at least one months notice about this and does my girlfriend have the right to refuse and challenge this without being evicted ( Tennacy act ect )
5 what would be the best course of action when my girlfriend gives notice as this guy sounds a "dodgy character to me !
Further more the Landlord only deals with her via text for the rent and my girlfrind hax never got to the bottom of where this company is and no contact address for correspondence just text ! I would also like to check the account no and sort code which I have and find out whether it is a company account or a private one ! Any ideas about this please ?
Many thanks
Regards
Andre
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

For now please let me know what type of tenancy she has please?

Customer:

Hi Alex ,

Customer:

Hi Alex,

Customer:

Hi Alex ,

Alex Watts :

Hello

Customer:

The Tennacy was for 6 months and was from 1st 2013 and expired on ro after 28th Feb , 2014 and has now expired !

Alex Watts :

Ok - but its rolling on monthly?

Alex Watts :

Has the Landlord said he will enter?

Customer:

Yes thats correct Alex

Alex Watts :

Ok - then what she needs to do is seek an injunction,

Alex Watts :

She needs to go to Court and complete forms N1

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

Alex Watts :

And N16a

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n016a-eng.pdf

Customer:

How would she do this Axlex

Alex Watts :

The Court will list the matter for hearing and decide whether an injunction should be given

Alex Watts :

The Judge would decide whether to grant an injunction and if so, this can be served on the Landlord

Alex Watts :

If the Landlord does enter after having the injunction this will be contempt of Court and he can be warned, fined or sent to prison

Alex Watts :

But she needs to complete the forms above. There is a Court fee of £155

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

What does she do about him pestering her for rent in the mean time ? Do we tell him we have a solicitor inhand on this just to make him a little wary ?

Alex Watts :

Yes you can do

Alex Watts :

But as soon as you get the injunction then he has to stop threatening to enter

Alex Watts :

As for rent, she has to be 2 months in arrears before he can take any action

Alex Watts :

Even then he needs to file a notice and then issue proceedings which takes a further month or so

Customer:

If that is the case then it would fall in nicely for her move to me ! Further more what do we do regarding a return of monies owed to my girlfriend and the fact that this guy does not give out his proper address or is very reluctant to do so ?

Alex Watts :

You should to write and set out your losses and ask for a refund within 14 days or say you will go to Court. Make sure you send this recorded delivery and keep a copy.

If they refuse then you can issue proceedings which can be done online at: www.moneyclaim.gov.uk or by competing form N1 at: https://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf

The Court will then issue the claim which will be sent to the Defendant and they will have a limited time to defend it, if not you can enter Judgment and enforce it. If the matter is defended it will be set down for a hearing. If the losses are £10,000 or less then it will be a small claim and you do not need representation.

Can I clarify anything for you about this today please?

Customer:

I am just worried that this guy is a slippery customer and I don't want him "slipping away " because of no forwarding address ?

Alex Watts :

Well if she is renting she has an address on the agreement. if she gets a CCJ by default she can get a charge on the property

Customer:

O.k . Thank you Alex , I suppose if all else fails I could have him checked out by the Inland revenue regarding the account and sort code nos , also the environmental health and the other body which deals with rouge landlords who's name excapes me at the moment !

Alex Watts :

Yes indeed.

Alex Watts :

Can I clarify anything else for you about this?

Customer:

No thank you Alex you have been a star and good luck to you in the future : ) .

Alex Watts :

Thank you.

Alex Watts :

You can bookmark my profile or put questions: FOR ALEX W

Alex Watts :

If this does answer your question might I invite you to rate my service, the button should be at the bottom of the page

Alex Watts :

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