Landlord being unfair and unlawful?

Premier_2

guppy wrote: »

I'm sure someone is telling you porkies here. Why would the landlord prefer to evict you and suffer a void period, than reduce your rent?

So that they can carry out the repairs necessary.

Perhaps the LL will increase the rent once the property is improved and no damp

Premier_2

Imani wrote: »

council say that we can go to court to get an extension to give us enough time to get a new place

You could try, but be aware that courts cost money and if the LL has issued the notice to quit correctly, you could end up paying those costs.

guppy

Premier wrote: »

So that they can carry out the repairs necessary.

Perhaps the LL will increase the rent once the property is improved and no damp

Sorry, I clearly misunderstood what the OP had said earlier...I thought the option to stay while the work was going had been offered, but on rereading, the OP made it clear the LL wanted them to go while the work was ongoing..sorry!

Imani

update - eviction notice recieved today under section 21 (4)(a).
31 decemeber must be out.
the covering letter says that if we are able to find a place to stay for 1week that allows the work to be carried out before than they will stop eviction.
have spoken to CAB for advice and waiting for them to call me back. Will also speak with the council again

Sazzyukrafc

It is the landlord's decision to make changes to the house, which means you have to leave for a week. Surely that means that the landlord must pay for you to stay in a hotel or whatever else for that week.

barnaby-bear

Imani wrote: »

update - eviction notice recieved today under section 21 (4)(a).
31 decemeber must be out.
the covering letter says that if we are able to find a place to stay for 1week that allows the work to be carried out before than they will stop eviction.
have spoken to CAB for advice and waiting for them to call me back. Will also speak with the council again

A section 21 is just standard AST 2 month notice from the landlord that they want the property back. They don't have to give any reason so because it's to do repairs has nothing to do with it. A lot of LLs do this after 3 years you may well be below market rent, particularly if property subsequently improved so they probably think they can rent it to someone else for more and avoid paying for temporary accommodation. Doubt there's anything to be done just part of the AST short tenure fun. It isn't an eviction notice it's just standard notice.

barnaby-bear

Sazzyukrafc wrote: »

It is the landlord's decision to make changes to the house, which means you have to leave for a week. Surely that means that the landlord must pay for you to stay in a hotel or whatever else for that week.

The LLs decided to give notice and then when tenant free change the house. Sounds like he knows what he is doing and the dates are ok so no technical loopholes. They will no longer be the LLs problem or paying him rent when he does the work on a tenant free house. A LL on a periodic AST can serve 2 months notice for no reason perfectly legally.

barnaby-bear

Premier wrote: »

You could try, but be aware that courts cost money and if the LL has issued the notice to quit correctly, you could end up paying those costs.

And the issue of trying to find accommodation without a LL reference.... you can stay beyond the section 21 and then formal eviction, court processes, balliffs etc may kick in and the costs may well land at your door.

Legally the LL sounds as if he's doing it all right - the fact ASTs so insecure and the law is a bit rubbish for tenants wanting longer tenure doesn't help. It's awful that LLs can use the section 21 as a means to avoid doing repairs or doing them on their terms with the insidious threat of notice if too much is asked for.... but it sounds above board

tbs624

Imani wrote: »

update - eviction notice recieved today under section 21 (4)(a).
31 decemeber must be out.
the covering letter says that if we are able to find a place to stay for 1week that allows the work to be carried out before than they will stop eviction.
have spoken to CAB for advice and waiting for them to call me back. Will also speak with the council again

LLs shouldn't be able to get away with acts that are likely to make a tenant give up their tenancy of a property but if your notice has been given underS21 (4) (a) then your tenancy will be a statutory periodic one, running from month to month (assuming rent paid monthly) and a LL *can* give you 2 months' notice of repossession without actually needing any specific reason, as BBear says.

However, it was less than wise of him/her to say that they will stop the eviction if you move out for the work to be done, without them offering any costs towards temp accommodation, as they'd be required to do.

If it is the LL who needs you to move out, eg. for "safety reasons", rather than you saying you don't want the disruption, then they *should* pay for the temp accommodation.

On your own part, have you been difficult with the LL over the arrangements for the work to be done? It is actually possible to stay in a property whilst CH is installed in just 4 days, even with small kids in the family,by restricting yourselves to a couple of rooms , getting out and about during the day and asking the workmen to ensure that tools are safely stored and floorboards temporarily replaced each evening. It's a pain but the new heating system would presumably benefit you, and even if you owned your own home you have to allow for these things.

You can of course stay put and force the LL to proceed to court to gain possession but you have to balance that against the pressure around Christmas time with a young family. If you are evicted it would be the council's obligation to rehouse you,provided that you had done nothing that could be deemed to qualify as making yourselves "intentionally homeless". The accommodation that you'd get initially would be temporary though and that's no joke with kids.

If your council are being slow to respond to your case, you could try getting in touch with your local councillor (put your postcode in here to find out who to contact) and/or talking to someone at Shelter 0808 800 4444 (7 days, 8-8) for advice.

Have you looked around at other properties in the area , given that there seems to have been a bit of a history on repair issues etc with this one?

RAS

Please do get advice from shelter re the coucil housing.

Unfortunately a lot of councils will not re-house you if you have left a tenancy voluntarily, even if this is after the required period of notice. It is only once you are evicted (under court order) that they will help. So you need to know how your local council work.