Author Topic: Legal Beagle Question  (Read 6769 times)

davyw1

  • Hectare
  • *****
  • Posts: 2,530
  • I love My Country
Re: Legal Beagle Question
« Reply #20 on: January 29, 2010, 20:34:09 »
Cheers Davy.  The bluff might work, but have you followed the correct procedure for evicting your problem tenants?  You won't get a possession order unless you have terminated their tenancy correctly - so that's either a correctly served notice to quit in accordance with a term in the tenancy agreement (and that's probably 1 year's notice expiring 1st April), or else reentry for a serious breach of the tenancy agreement having correctly served notice under S.146 Law of Property 1925 and given the tenant reasonable opportunity to remedy the breach.

That bit i know, bu but again it comes back to the secretary not heeding what she is told and if it is not done properly they will turn the tables on the association.
I have had one heck of a time with her just over reinstating my mates name back onto our allotment which only she could take off.

Thanks again
Davy
When you wake up on a morning say "good morning world" and be grateful

DAVY

grandad

  • Not So New ...
  • *
  • Posts: 26
Re: Legal Beagle Question
« Reply #21 on: February 05, 2010, 13:23:36 »
Hi my son and another plot holder on our site where last year given eviction notice by our management committee. There has been no reason given and they have broke no rules,they had the two best plots on our site is there nothing that can be done to help them.
grandad

davyw1

  • Hectare
  • *****
  • Posts: 2,530
  • I love My Country
Re: Legal Beagle Question
« Reply #22 on: February 05, 2010, 13:35:30 »
Hi my son and another plot holder on our site where last year given eviction notice by our management committee. There has been no reason given and they have broke no rules,they had the two best plots on our site is there nothing that can be done to help them.
grandad

My advice would be to ask them the reason for eviction in writing and inform them that if they want your son off give the reasons to a judge for him to issue an eviction order, as a judge will not give one without reasons.
When you wake up on a morning say "good morning world" and be grateful

DAVY

grandad

  • Not So New ...
  • *
  • Posts: 26
Re: Legal Beagle Question
« Reply #23 on: February 05, 2010, 16:23:59 »
thanks davyw they have both been served using 1922 parliamentary act would you still advise them the same

Unwashed

  • Hectare
  • *****
  • Posts: 2,735
  • Vexatious, moi?
    • Simon on Facebook
Re: Legal Beagle Question
« Reply #24 on: February 05, 2010, 17:58:23 »
Grandad, it sounds like they have been served with a Notice to Quit.  There is no requirement on the landlord to give any reason as no reason is necessary.  IAs you say, S.1 Allotment Act 1922 (as ammended by S.1 Allotments Act 1950) allows the landlord to issue a Noitce to Quit.

The notice must be served under the terms of their tenancy agreement, it's not a statutory notice.

I understand that a committee manage the site, but do they manage it for a council?

How is the management committee constituted?  Is it a company, like an Industrial and Provident company, or is it just an unincorporated association.  Who exactly is the landlord?

There's no harm in asking the landlord why their tenancy is being terminated.  And if it's a Council (or indeed a committee managing the site for a council) you can always ask for copies of all documents relating to the issue under the Freedom of information Act as that might throw some light on things.

As Davy says, there is no obligation to leave when the notice expires.  They're completely within their rights to stay put and let the landlord apply to the County Court for a possession order.  There are quite a few technical errors the council can make in serving the Notice to Quit and any one of them will make the notice unenforceable, then there are several arguments the tenants can make to convince the judge to refuse to grant possession.

Your son must find his tenancy agreement.  Can you post it here so I can see what it says.  Can you also post the Notice to Quit.
« Last Edit: February 05, 2010, 18:00:42 by Unwashed »
An Agreement of the People for a firm and present peace upon grounds of common right

grandad

  • Not So New ...
  • *
  • Posts: 26
Re: Legal Beagle Question
« Reply #25 on: February 05, 2010, 21:16:42 »
Hi Unwashed having problem sending notice to quit have you got an e mail address that I can use.
grandad

Unwashed

  • Hectare
  • *****
  • Posts: 2,735
  • Vexatious, moi?
    • Simon on Facebook
Re: Legal Beagle Question
« Reply #26 on: February 05, 2010, 21:27:48 »
PM sent.
An Agreement of the People for a firm and present peace upon grounds of common right

 

anything
SimplePortal 2.3.5 © 2008-2012, SimplePortal