Eviction Suspension Legal Grounds

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Summary

The user is facing eviction from a council flat due to rent arrears. They were not provided with an EPC certificate, and the property has an F rating, making it unfit for rent. The eviction notice was incorrectly served under an Introductory Tenancy instead of a Secure Tenant Tenancy. The user also disputes the rent arrears claimed by the council, citing missing payments. They have an upheld complaint with Hull City Council regarding the EPC rating. The user seeks to suspend or postpone the eviction and requests the court to investigate the councils violation of letting out a property with an F rating.

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I am been evicted from my council flat for rent arrears, When i signed my tenancy i was not given a epc rating certificate, On the goverment website it shows the rating F, and says it cannot be let out, But the council have. also after 1 year my tenancy automatically turns to a secure tenant tenancy. The council have applied for the eviction notice under Introductory tenancy. which is wrong. they also did not tell the court about the epc rating been a F which the flat should not of been let out. my eviction date is today at *;45am. I need to fill in a n244 application notice, what are vmy valid grounds to apply for the evicted to be suspended or post poned
Based on your situation, here are some potential grounds for filling the N244 form:
- The property's EPC rating of F, indicating it's unfit for rent.
- The council's failure to provide the EPC certificate at the start of your tenancy.
- The incorrect eviction notice served under Introductory Tenancy instead of Secure Tenant Tenancy.
- Non-disclosure of the EPC rating to the court.
Remember, this advice is general and it's crucial you seek advice from a legal professional.
write me a template to the court and include these grounds
[Your Name]
[Your Address]
[City, Postcode]
[Date]
Dear Sir/Madam,
RE: [Your Case Number]
I am writing to request a suspension or postponement of my eviction scheduled for [time] on [date]. I believe there are several valid grounds for this request, as outlined below:
*. The property's Energy Performance Certificate (EPC) rating is F, indicating it's unfit for rent.
*. I was not provided with the EPC certificate at the start of my tenancy.
*. The eviction notice was incorrectly served under an Introductory Tenancy, whereas my agreement is a Secure Tenant Tenancy.
*. The EPC rating was not disclosed to the court.
I am seeking immediate legal advice and respectfully request more time to prepare my case. Thank you for considering my request.
Yours faithfully,
[Your Name]
Remember, this is a template and should be adapted to your specific circumstances. Always seek advice from a legal professional.
What order are you asking the court to make and why?
Based on your situation, you may want to request the court to:
*. Suspend or postpone your eviction to allow you time to seek legal advice.
*. Reconsider the eviction due to the property's EPC rating, incorrect tenancy type, and non-disclosure of EPC rating.
Remember, this advice is general and you should seek advice from a legal professional.
re write I was not provided with the EPC certificate at the start of my tenancy. *. The eviction notice was incorrectly served under an Introductory Tenancy, whereas my agreement is a Secure Tenant Tenancy. *. The EPC rating was not disclosed to the court. The amount's of rent the council stated i owe is also incorrect information provided to the court. They was * payment's that was missing which in fact had been paid to the council. When signing my tenancy I was not provided with a EPC rating certificate, Upon checking on the goverment website, The rented flat has a rating F, Which states this property cannot be rented out. It is not fit to live in. I have a upheld stage * complaint with hull city council that the property as a rating F. They did not offer any solution to sort the issue out.
I wasn't given the EPC certificate when my tenancy started. The eviction notice was wrongly issued under an Introductory Tenancy, but my agreement is a Secure Tenant Tenancy. The court wasn't informed about the EPC rating.
The council's claim of rental arrears is incorrect; they overlooked * payments I made.
Upon signing the tenancy, no EPC rating certificate was provided. The government website shows the rented flat has an F rating, declaring it unfit for rent. Despite an upheld complaint with Hull City Council about the F rating, no resolution was offered.
what can i ask the court to do regarding the eviction
You can ask the court to:
*. Suspend or postpone the eviction to allow you time to seek legal advice.
*. Re-evaluate the eviction based on the incorrect EPC rating, wrong tenancy type, non-disclosure of the EPC rating, and the incorrect rental arrears.
*. Order the council to rectify the EPC rating issue.
Remember to seek professional legal advice.
they are renting a flat out illigally as by law a property with the rating f cannot be let
You can request the court to:
*. Cancel or postpone the eviction given the property's illegal status.
*. Investigate the council's violation of letting out a property with an F EPC rating.
Ensure you consult with a legal professional to navigate this process.
What information will you be relying on, in support of your application?
In support of your application, you can rely on:
*. The EPC rating of F from the government's website.
*. Records of your rent payments that refute council's claims.
*. Your tenancy agreement evidencing the type of tenancy.
*. The upheld complaint with Hull City Council regarding the EPC rating.