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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: UK Law
Satisfied Customers: 33311
Experience:  family solictor with 25 years experience
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I want to request Clare

Customer Question

I want to request Clare
Submitted: 6 months ago.
Category: UK Law
Expert:  Clare replied 6 months ago.

Hi

How can I help you today

Customer: replied 6 months ago.
Good afternoon Clare and thank You for responding this fast,I read that your expertise is in family law however I am wondering if you would be able to shed some light in a housing matter, and only in General Terms.For me it is more important the Integrity of the expert than the expertise they have and for better or worse, I trust Yours, same as I feel that, even if you were not expert in something, if that 'something' didn't feel right to you, you would let me know; moreover, you would point me to where I can find more info on the subject.Is it ok?
Expert:  Clare replied 6 months ago.

Thank you - I have been High Street solicitor all my working life - and have a reasonable knowledge of housing matters - and I will certainly tell you if what you are asking is beyond my knowledge

Customer: replied 6 months ago.
Many Thanks Clare. I cannot tell you that you are giving me peace of mind because I already had it with You, even before I received your Kind answer just now.
Here goes my Q...
Customer: replied 6 months ago.
You very kindly helped me with the Q of the slip rule which concerns this housing case.The order in question is in respect of a Mandatory Possession Order on Ground 8 that the landlords have obtained, even when the Tenant could Not see at the time where the arrears originated, as the rent has been paid Religiously every month.Anyway, it was only yesterday that I found WHAT the landlords have done to get the tenant in Rent Arrears:
As the rent increases in April every year, in the year 2015, it Again Increased however, between the years 2015 and 2016, they have been collecting LESS rent every month but in the tenant's Rent Account it doesn't show at first sight unless one does the Maths which I did last night and... bingo! Is this Fraud or can this be considered as Fraud?It most certainly looks like an Illegal Eviction because they have, patiently and Maliciously, been waiting for over one year, until the rent account reached a point where it looks like the tenant is in the 8 week arreas frame to enable the landlord to make/and get! an outright Possession Order on ground 8.What do you make of this?
Expert:  Clare replied 6 months ago.

What kind of property is it?

Customer: replied 6 months ago.
How do you mean, Clare?
Expert:  Clare replied 6 months ago.

Is this a leasehold property that you own/owned?

Customer: replied 6 months ago.
No, it is a Rented Flat.
Expert:  Clare replied 6 months ago.

Right

Did they write and warn you that you were in arrears?

Customer: replied 6 months ago.
No
Expert:  Clare replied 6 months ago.

So the first step was the S8 notice?

Customer: replied 6 months ago.
What is the S8 notice?
Expert:  Clare replied 6 months ago.

What was the first paperwork you had with regard to the repossession?

Customer: replied 6 months ago.
The documents from the court with the date of the hearing
Expert:  Clare replied 6 months ago.

When is/was the hearing?

Customer: replied 6 months ago.
For confidentiality purposes, and if think I can guess why you are asking the question, I have already filed the appeal within the 21 days of the order's date.I have Only filed the appeal but not the supporting docs., as it is Humanly Impossible to deal with everything at the same time but I am hoping to do it within the 14 day period, as I understand this is the time frame to bring all docs. for the appeal, isn't it?Many Thanks Clare in Advance.
Customer: replied 6 months ago.
What is the S8 notice?
Expert:  Clare replied 6 months ago.

This is a residential property which you have rented on a Shorthold tenancy - is that correct?

Customer: replied 6 months ago.
Assured Tenancy
Expert:  Clare replied 6 months ago.

Before Court Action is taken you have to receive a Written Notice - did you not receive that?

Customer: replied 6 months ago.
No and Thankfully I found out from the web that this is a Requirement and if the notice is Not given, then it is an Illegal Eviction, am I right?
Customer: replied 6 months ago.
Clare, I am Still waiting for Your feed-back on the Malicious way in which they acted with my rent to put me into Breach, as per My First Q, as I need to know if this amounts Also to Illegal Eviction (the charging me a Lesser amount of Rent for over one year to date)Would you care to send me an answer to My First Q please and tell me what you make of it and if there is something I can do in Court?
Expert:  Clare replied 6 months ago.

Certainly the fact that they failed to serve the correct Notice does make is seem posisble that their failure to take the correct rent was deliberate - especially if in the past they

have been able to adjust the rent that they take without reference to you

It will not be sufficient to involve the police - but it will help your case

Customer: replied 6 months ago.
The Police have been Involved for over a year now, as there is much more to this case and we have already met and Reported to them the landlord's actions in respect of the rent.Regarding the court when Reporting the landlords for their actions:
What Response should we expect from a court, when reporting these kind of actions from a landord?Basically and in General Terms, I need to know How we can expect that the courts deal with these kind of landlord's behaviour and if I can help guide the court to what action I need them to take, e.g. could I refer to a specific CPRuling, a precedent of some kind, to help the court and my case, regarding the landlord's actions?
Expert:  Clare replied 6 months ago.

This simply forms part of your case that the Landlord is NOT entitled to possession as they have failed to act properly in servib=ng Notice - that is your defence to the action, the fact that they failed to take the correct money is simply a secondary backup