Landlord problems

olly300

There is a trick which some tenants do is to make sure they are behind with the rent but never exactly 2 months. This means the landlord cannot evict them.

Jowo_2

olly300 wrote: »

There is a trick which some tenants do is to make sure they are behind with the rent but never exactly 2 months. This means the landlord cannot evict them.

You are referring to the fact that one of the few mandatory grounds for possession of the property in court which goes in the landlord's favour is when at the time of serving the S8 notice and at the court case, two periods rent is in arrears (which if paid monthly, means two months rent owed). Tenants frustrate their eviction by paying down the arrears to slightly below this level in time for the court case.

But its still a gamble, as other grounds for eviction may be presented, including persistent late payment, which are at the judges discretion.

And when the fixed term expires, the tenant will be subsequently evicted through standard notice via an S21, which is a 'no fault' notice that requires no explanation and is often served with the S8 for the rent arrears as part of a 'belt and braces' approach.

tbs624

Jowo wrote: »

Prior to your post, I got the impression that CAB and Shelter tend to instruct tenants to meet their obligations in full while separately tackling the landlord for their shortcomings and always encourage the tenant to continue paying their rent.

Jowo - read again what the OP posted - that the person she spoke to at Shelter said "she can see why " the OP hadn't paid the rent. That's expressing sympathy - it's not saying this is what you should do.Shelter *do* advise Ts not to withhold their rent.

Jowo wrote: »

However, there's nothing to stop a landlord from seeking possession for discretionary grounds, such as late payment of rent, it's just a lot less likely for a judge to find in the landlord's favour for lesser circumstances than 2 months owed rent.

So I appreciate that your landlord is very poor and that you wish to leave but you still do yourself little favour in withholding rent.

Dippychick currently has 3 separate threads (including this one) about this LL's shortcomings - see http://forums.moneysavingexpert.com/showthread.html?t=1853521&highlight= on gas safety, or lack of

http://forums.moneysavingexpert.com/showthread.html?t=1855349&highlight= on tenancy deposit issues

I'd say that it looks very unlikley that the LL would want to risk court proceedings against the T.

tbs624

Dippychick - its good that you contacted CLA/Shelter but do also ask the Council to assess this property under HHSRS - Env Health Officer or Private Sector Rentals Team.

Mips

tbs624 wrote: »

Dippychick - its good that you contacted CLA/Shelter but do also ask the Council to assess this property under HHSRS - Env Health Officer or Private Sector Rentals Team.

Right I will do that now, I have come back to the property with a new battery for my camera to take more detailed pictures.

I told the estate agent that I would accept the deposit back and leave peacefully.. on the grounds that we just aren't getting on, however, since her coming around here shouting at me and telling me I caused all of this damage.. I am furious.


I am not letting this go, this has been one of the most stressful periods of my life and I am struggling to sleep/thinking about it all when I wake up.

I seem like the tenant from hell.. but I am quite the opposite!!

Mips

OK I will pay the rent, I am not going to withold it and I know it will help my case - I want the house habitable so that I can settle. As it is, I am not comfortable, it doesn't feel like home and my children can't access most parts of the house!!!


I am just not going to pay it yet...



Spoke to Envrionmental health as per tbs624 suggestion and they will send a letter today to the Landlord also telling him he has 21 days to repair the property or they will send out an assessor.

I am now going to get snap happy

Gillianh2

Dippychick,

Have you managed to find anywhere more suitable to live? I only ask this as you are obviously and with good reason very unhappy where you are. Have you tried to register for Social Housing via your local council or Housing Associations.It might be worth ringing them now and trying to get onto there waiting lists, you would be awarded more points at this moment because of the unsatisfactory state of your current rental property.

Good Luck with this and hope it can all be sorted and you and the children find some peace and quiet.xxx

Mips

Gillianh2 wrote: »

Dippychick,

Have you managed to find anywhere more suitable to live? I only ask this as you are obviously and with good reason very unhappy where you are. Have you tried to register for Social Housing via your local council or Housing Associations.It might be worth ringing them now and trying to get onto there waiting lists, you would be awarded more points at this moment because of the unsatisfactory state of your current rental property.

Good Luck with this and hope it can all be sorted and you and the children find some peace and quiet.xxx

I am just going to develop these photographs and take them to the Estate Agent and give him a copy, then send the others to the girl from the Legal thing... I am going to ring her now.

Environmental Health are coming out tomorrow to check out the soil stack issue - it should extend far above the window and not below it, like it does.. and also should not be exposed :mad:

Mips

OMG I just realised.. it isn't my washing machine leaking.. the !!!!ing soil stack leaks downstairs in that area...

tbs624

Dippychick wrote: »

OMG I just realised.. it isn't my washing machine leaking.. the !!!!ing soil stack leaks downstairs in that area...

Ramp it up - find your local councillor here link and get him/her involved too, regardless of the EHO coming out tomorrow.

When this is sorted for you , one way or another , post up your comments on the LA at https://www.allagents.co.uk