Topic: Eviction

[Unwashed]

Have the local press published the statement?  Is there a link?

I don't know yet, I can't see anything on the paper's web site and I'll get the paper tonight.  Tthe Council have till tomorrow evening to respond, and after that I'll know what comes next.

[Mr Smith]

    Simon,
                 I support you in your stand against eviction in 2012 and wish you all the best, but if you sit tight could it get to the point when bailiffs appear and take all your veg for back rent, :) 

Thanks Mr. Smith.  Yes, I believe the Council have the right to distrain so they might even have taken my prize shed!  But they've known for sure that the increase was unenforceable since they complied with Trading Standards last summer, they just thought they could intimidate me into capitulation, and now they're just going to evict me because I was right.  They'll not win.  They've left me no option now, I have to fight on.

If one of those councillors represented me I would certainly be making a point of airing my views to him on your predicament, once again good luck, :)

[SMP1704]

Simon

Let me see if I understand this - your stand has been against the failure of the council to provide 12 months of a rent increase, therefore making it illegal and unenforceable?

It seems to me that the 12 months notice of the increase has now been served - are you going to pay the increased rate for this year?

If so, could you then become one of the contented masses which seems to be the council's aim?  On that basis, there does not appear to be a basis for the eviction but as you rightly point out with 12 months notice served there does not have to be a reason.

[Unwashed]

Simon

Let me see if I understand this - your stand has been against the failure of the council to provide 12 months of a rent increase, therefore making it illegal and unenforceable?

It seems to me that the 12 months notice of the increase has now been served - are you going to pay the increased rate for this year?

If so, could you then become one of the contented masses which seems to be the council's aim?  On that basis, there does not appear to be a basis for the eviction but as you rightly point out with 12 months notice served there does not have to be a reason.

My dispute is that the rent review term is unfair under the Unfair Terms in Consumer Contracts Regulations 1999, and so I didn't pay the increase imposed March 2010.  The Council gave notice that they would forfeit the tenancy on 13 December but I haven't backed down and the Council can't let it get to court as that would expose their lie - they've always known the rent increase is unenforceable, they just expected to intimidate everyone into paying - would you risk eviction for £20?  They have withdrawn the notice for arrears and instead issued a Notice to Quit which needs no reason.

The Council need to make an example of me so that no tenant ever again will question their will and assert themselves.  The last chance they gave me to retain the tenancy ran out 17 May.