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Jamie-Law
Jamie-Law, Solicitor
Category: Property Law
Satisfied Customers: 14423
Experience:  Solicitor
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Assistant: How can I help? My landlady and I are not

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Hi
Assistant: Hi. How can I help?
Customer: My landlady and I are not agreeing on the amount of arrears that I owe.she provided me with her bank statements and some payments are not showing on these statements. One of the banks I used to make payments through closed my account and cannot provide me with any statements at all. My landlady has instructed a solicitor to serve me with a section 8 notice, my landlord did not protect my deposit in 1 of the 3 deposit schemes. What can I do?
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: I proposed to pay to pay 100 towards the arrears while I look for somewhere to move to but my landlady emailed me saying.........I have considered your email and the only circumstances I would be prepared to let you stay on until February 28th would be if you did the following things. I will also not be withdrawing the section 8 so that I can pursue court proceedings at any point, should you fail to pay on time.
Pay a lump sum of £1200 towards the arrears by January 10th
Thereafter pay £400 a week on every Friday which would cover the rent and £60 towards the arrears a week
Agree on the figure of £4200 arrears by the 8th January or show me proof that the figure is wrong.
Also absolutely no extension to stay on at the flat would be excepted after 28th February.
Assistant: Have you talked to a lawyer about this?
Customer: According to my calculation, I owe 2600 in arrears. My rent is 1350
Assistant: Anything else you want the lawyer to know before I connect you?
Customer: Can a bring an action for non deposit protection with the arrears I owe?
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call.
Customer: replied 11 months ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
I have not poken to any lawyer about thi
Customer: replied 11 months ago.
I don't understand when you said, "Let me know if you need more information or send me the service offer(s) so we can proceed

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

What is it you want to know about this today please?

Customer: replied 11 months ago.
What to do regarding the section 8 notice and since I cannot produce bank statements to prove payment of rent, can I ask my landlady to produce all the bank statements relating to rent payments because she provided me some dating back to 2014 already but has some months payments missing? Can I bring an action for not protecting my deposit on while I am in arrears?

Do you have a rent book?

Customer: replied 11 months ago.
No

The bank which closed the account, why can’t they provide the statements? You are entitled to them under the Data Protection Act 2018?

Customer: replied 11 months ago.
Rent payments were made via bank transfers, direct cash deposits into landlady's account by myself & my mother.
Customer: replied 11 months ago.
I will call the bank again and ask them

ok. You may need to submit a formal written request.

Customer: replied 11 months ago.
can I ask the court to set aside the section 8 notice seeking possession of the property while I gather the requisite information to come up with a more accurate figure of the arrears?

No. The s.8 does not need a court order. Only if there are possession proceedings as a result can you ask the judge to set aside or adjourn proceedings.

As I understand it, the landlord has not yet issued proceedings, just served notice.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer, by clicking the button at the top of the screen. I am not paid for my time unless you rate. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 11 months ago.
in the meantime what do I do?
Customer: replied 11 months ago.
I made a proposal to my landlady which she decline & made her own propoaal/demand

Write to your landlord saying what you intend to do. Then keep a copy of the letter To support your application to court.

Does that clarify?

Customer: replied 11 months ago.
January 2019VA. Press the Enter key to open the contact card." style="unicode-bidi: embed; direction: ltr; text-align: left; user-select: text; cursor: pointer;">Vicky Avraam <*****@******.***>Thu 1/3/2019 10:33 AMTo:Phil Kamushinda (*****@******.***);Paul Avraam (*****@******.***);Hi PhilI have considered your email and the only circumstances I would be prepared to let you stay on until February 28th would be if you did the following things. I will also not be withdrawing the section 8 so that I can pursue court proceedings at any point, should you fail to pay on time.Pay a lump sum of £1200 towards the arrears by January 10thThereafter pay £400 a week on every Friday which would cover the rent and £60 towards the arrears a weekAgree on the figure of £4200 arrears by the 8th January or show me proof that the figure is wrong.Also absolutely no extension to stay on at the flat would be excepted after 28th February.I wrote to her & have copied & pasted her response

Ok. Then you just seek statements, nothing else and wait for court papers which you can defend.

Does that assist?

Customer: replied 11 months ago.
How do I defend

When you get court papers there is a response back.

You fill that out,

Does that help.

Customer: replied 11 months ago.
thank you. Will you be able to help me fill out the response?

Sadly not, I can’t be instructed. But you can get a public barrister to help you at www.clerksroomsirect.com

Does that assist?

Customer: replied 11 months ago.
Last question is about my unprotected deposit. Can I bring an action against my landlady for not putting my deposit in 1 of the 3 schemes?

Yes. You can sue for x3 the deposit.

Does that help.

Customer: replied 11 months ago.
Even with the arrears I have?

Yes it does not stop you from taking action.

Does that assist?

Customer: replied 11 months ago.
Thank you very much Jamie. That is one of the main questions I needed advice on

Great. If I could invite you to rate my answer 5 stars before you go today by clicking the button at the top of the screen, so the site credits me for the time spent. I am only paid when you rate. if you need further help please click reply. Thanks in advance.

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