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  • FIRST POST
    • tysum773
    • By tysum773 12th Mar 17, 11:25 PM
    • 4Posts
    • 0Thanks
    tysum773
    Advice Needed Please!
    • #1
    • 12th Mar 17, 11:25 PM
    Advice Needed Please! 12th Mar 17 at 11:25 PM
    Hello,

    I rent a 3 bedroom house with my fiancee and our dog.

    Housing benefit pay my rent.
    I have heart failure, asthma, Autism, Non-Rem-Parasomnias and other things.

    The house upstairs is full of damp and mould, our furniture is being destroyed and our health is being serious affected, I've had pleurisy, pneumonia and bronchitis whilst at this property and hospitalised several times.

    Landlord threatens eviction if i challenge him about the dis-repair of the property in terms of damp/mould.
    I am on a "rolling" contract.

    Could i withhold "housing benefit" until he performs the required repairs / maintenance to the property ?

    The rent is paid directly to me, not to the landlord, I pay him each month on time and i've NEVER missed a payment or been late.

    Am i in a position to "with-hold" housing benefit for say 5 months if that's how long it takes him to evict me ?
Page 1
    • Nikkinakkinoo2017
    • By Nikkinakkinoo2017 12th Mar 17, 11:47 PM
    • 56 Posts
    • 117 Thanks
    Nikkinakkinoo2017
    • #2
    • 12th Mar 17, 11:47 PM
    • #2
    • 12th Mar 17, 11:47 PM
    Be careful as you have presumably signed a contract saying you will pay. I would be more inclined to threaten letting the local council/environmental health know. Or failing that the local newspaper. That is disgusting that he is threatening to evict you just for asking about repairs, especially ones that affect your health. Stand your ground but not paying your rent could land you in more trouble than him?
    Good luck and I hope it's sorted soon.
    • gettingtheresometime
    • By gettingtheresometime 12th Mar 17, 11:47 PM
    • 2,753 Posts
    • 6,147 Thanks
    gettingtheresometime
    • #3
    • 12th Mar 17, 11:47 PM
    • #3
    • 12th Mar 17, 11:47 PM
    Wouldn't it be better to find somewhere else?

    I thought that if you didn't pay the rent the LL could seek double the rent in compensation but I may have got that wrong
    Lloyds OD / Natwest OD / PO CC / Wescott cleared thanks to the 1 debt v 100 day challenge


    Next on the list - the Argos Card!
    • G_M
    • By G_M 13th Mar 17, 12:05 AM
    • 41,081 Posts
    • 47,195 Thanks
    G_M
    • #4
    • 13th Mar 17, 12:05 AM
    • #4
    • 13th Mar 17, 12:05 AM
    Do not withold rent. You'll be evicted via a S8 Notice.

    A new law [Deregulation Act 2015 (S33) ] now protects you from 'retaliatory eviction' by the landlord if you complain about repairs

    Any S21 Notice (the 1st step in eviction) is invalid if

    i) the tenant has reported an issue to the LL
    ii) the tenant has complained to the council
    iii) the council has inspected
    iv) the council has issued an improvement notice to the LL

    If all the above steps have taken place, the LL cannot serve a valid S21 Notice.

    If the landlord serves a (valid) S21 Notice following the original complaint from the tenant (step i above), and then steps ii) to iv) take place, the S21 Notice cannot be enforced even though it may have been valid when it was served.

    For more, see
    Shelter here.

    Read:

    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)
    Last edited by G_M; 13-03-2017 at 12:07 AM.
    • ProDave
    • By ProDave 13th Mar 17, 8:53 AM
    • 270 Posts
    • 331 Thanks
    ProDave
    • #5
    • 13th Mar 17, 8:53 AM
    • #5
    • 13th Mar 17, 8:53 AM
    Devil's advocate.

    Are you SURE the damp / mould is caused by a "fault" in the property?

    We had a flat we rented. never had an issue with damp until we had a new tenant. complained "water was running down the walls" went to investigate. House was cold "could not afford to heat it properly" all window ventilators were shut, and every room had dripping wet washing on clothes airers. There was nothing I could do. There was nothing wrong with the property. It had perfectly good heating, was quite well insulated and had good windows.

    Thankfully that tenant did not stay long. Change of tenant and no more damp problems.

    So make sure you are using the heating properly to heat all the rooms, the trickle ventilators on the windows are open, they are there for a reason, and you are not putting unecessary moisture into the air.
    • 3mph
    • By 3mph 13th Mar 17, 8:54 AM
    • 171 Posts
    • 189 Thanks
    3mph
    • #6
    • 13th Mar 17, 8:54 AM
    • #6
    • 13th Mar 17, 8:54 AM
    I've only used this forum for a few months but I have been struck by how helpful some contributors are. In particular G_M so as well as a thank you I wanted to say well done since I always scroll down to their contribution knowing it will be good. THANKS G_M
    • G_M
    • By G_M 13th Mar 17, 10:50 AM
    • 41,081 Posts
    • 47,195 Thanks
    G_M
    • #7
    • 13th Mar 17, 10:50 AM
    • #7
    • 13th Mar 17, 10:50 AM
    I aim to please. (Usually).

    If anyone who has been helped wishes to make a voluntary contribution, to a charity:

    https://www.myeloma.org.uk/
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