Unfair Treatment from Landlord

Sunita_2

Would appreciate some support and advice.
I have been unfairly treated by my landlord and he issued me with a Notice in July and now he has got a Possession order via the Court for me to vacate the property in two weeks time which was Assured Shorthold Tenancy and run into periodic in March 2009. Been in property since 2006. Through no fault of my own, all I did was made a complaint in regards to adjoining neighbours being noisy and smoking Cannabis which preventing me from quiet enjoyment of the property.

The Possession claim was defective as the Notice end date was wrong as it should end with the rent period which is four weekly. I submitted a defence and it was ignored by the court. It was a S21 Notice 4(a) Accelerated Procedure.

I am annoyed and why should I be evicted instead of the culprit. I have always paid rent on time although its from Housing Benefit, not caused any problems and now instead of the landlord dealt with the problems, he stabbed me in my back and made me homeless.


I have no family support and unemployed. I donot know how to deal with this and if I do not move out in two weeks, the bailiffs will come to my door.

I am thinking of naming and shaming the landlord and the Agency, would anyone have any ideas how to go about it.


thanks.

theartfullodger

I am thinking of naming and shaming the landlord and the Agency, would anyone have any ideas how to go about it

Local papers?? Councillors??

Unfortunately he has the legal right to do this. S21 gives possession even if the tenant has done everything right, has paid on time, etc. etc.

Hope it works out. Contact you council housing dept very very quick & tell them you will be homeless shortly...They may tell you to stay until the Bailiffs turn up otherwise they may classify you as "Intentionally Homeless".

Try also contact CaB
http://www.citizensadvice.org.uk/
&/or Shelter..
http://england.shelter.org.uk/
0808 800 4444

both are charities, overloaded with demand from other people & you may need to be very patient ...

BitterAndTwisted

Unfortunately a landlord can seek possession of their own property for any reason they see fit as long as they adhere to the rules, which they now appear to have done.

Who is the landlord and are they the landlord of your noisy dope-smoking neighbours as well? It's possible that your landlord has decided that you're a pita and will continue to be one, so they've decided they don't need you as a tenant any longer.

Sounds to me like you're going to have to make your own arrangements OR wait until the bailiffs are at the door and then throw yourself on the mercy of your local authority's homelessness unit.

To be fair, I don't really see how a neighbour smoking a couple of reefers actually impacts on your quiet enjoyment unless they break in to your home and smoke their dope there in front of you.

Jowo_2

An S21 is regarded as a 'no fault' notice - the landlord does not have to give a reason for serving the notice. Did you report the problems you experienced to the local council environmental health department or Police? Landlords are not necessarily responsible for resolving neighbourhood issues, such as noisy neighbours and anti-social behaviour anyway.

You need to look forward, instead of back, and concentrate on finding your next place.

Go to your local council housing department and complete a homelessness application asap. They have a statutory obligation to assist those made homeless (unintentionally - i.e. when their behaviour has not contributed to it, such as not paying the rent).

Have a look at the Shelter website to understand how your local council will process your application and the types of support and assistance they offer. See if Shelter have a local drop-in centre.

Have a look at the Crisis website, too.

poppysarah

Ring the police and report the cannabis smoking and noise.

Tell them the landlord is evicting you because you've complained about it (Does he also own that property, or is friends with them?)

The police will add it to their inteligence files and it might be useful to them.

Sunita_2

BitterAndTwisted wrote: »

Unfortunately a landlord can seek possession of their own property for any reason they see fit as long as they adhere to the rules, which they now appear to have done.

Who is the landlord and are they the landlord of your noisy dope-smoking neighbours as well? It's possible that your landlord has decided that you're a pita and will continue to be one, so they've decided they don't need you as a tenant any longer.

Sounds to me like you're going to have to make your own arrangements OR wait until the bailiffs are at the door and then throw yourself on the mercy of your local authority's homelessness unit.

To be fair, I don't really see how a neighbour smoking a couple of reefers actually impacts on your quiet enjoyment unless they break in to your home and smoke their dope there in front of you.

What would you do if you have endured about two years of constant tobaccos and Cannabis fumes and noises of flushing of toilets and blocked drains in your bedroom for two years percolating into your flat? I do not think you will be laughing if you were suffocation in that awful odours.

Would you move out, sell your flat., put up with the crap from the landlord. Why should I pay the penalties. You made it sounds as if it's easy to pack up and move out. Try to put yourself in my position. Then you will understand.

So in other words the landlord is right and he rather have criminals living in his property than law abiding citizens.

I understand the landlord has legal right to get his property back through the s21 but why should an innocent person suffer against the unlawful actions of others.

Is there justice.

tbs624

Sunita - your other thread shows that you first raised these issues with your LL at the start of *2008*, and then got a solicitor to take it up for you at the back end of the year. You mentioned that the LL said he was trying to evict the other T. You also said that you contacted the EHO but no action was taken.

Some of the problems that bothered you seem to be ones that would occur regardless of who was in the other flats in the conversion, and will be down to poor sound insulation etc. If you have been spending a lot of time on your own at home then things like this become a larger "issue" than they would for someone who has a plenty going on elsewhere. However, after such a long time feeling unhappy with where you live and getting little help to change anything via LL/LA/EHO and solicitor , many Ts would have taken the first opportunity to get out (ie , when your Fixed Term ended in March)

Life* is* unfair but the fact is that once you are on a periodic tenancy then either party can give notice. As the others have said, get some help and advice locally via the local Council's Private Sector Rentals Officer (tell them its urgent, that you are being evicted) and from Shelter or Crisis (links) Don't move out before the bailiffs come, without taking proper advice.

If you have no fund for a tenancy deposit the Council may be able to help with a bond guarantee and there is info on the Crisis website about this. The local Council should also have lists of LLs who will take Ts who are on benefits: have evidence available to show them that you have paid your rent on time, as it sounds unlikely that your current LL will provide you with a reference.

Has this LL/LA scheme-registered your tenancy deposit if you paid one (Assuming property is in End/Wales and you paid the deposit after 6 April 2007 or renewed for a further Fixed Term after that date) If you are not sure then check with each of the three schemes here

Sunita_2

poppysarah wrote: »

Ring the police and report the cannabis smoking and noise.

Tell them the landlord is evicting you because you've complained about it (Does he also own that property, or is friends with them?)

The police will add it to their inteligence files and it might be useful to them.

Yes I have complained to Police and the Environmental Dept and they have ignored me.

Yes the landlord or agents (not sure who though) are friends with the neighbour. She was in a B&B with her child and then the Agent found her the flat. Couple of months later the boyfriend moved in and that's when all the problems started. He is not supposed to be living there.

The landlord do not care as long as the Housing benefits are paid to him, he is happy, he has refused to address the problems despite letters from solicitor and MP.

silvercar

The point you are missing is that your periodic tenancy allows the landlord to give you notice to leave. He has done this. The reasons are irrelevent - it is his right as owner of the property. You should be using your notice period to find alternative accommodation.

theartfullodger

Silvercar is right..


No, there is no justice.

The law and justice are not the same things...

S**t happens..

I'm sorry but we all from time2time suffer from things like this..

Hope you find somewhere else & things pick up

clockworks_2

silvercar wrote: »

The point you are missing is that your periodic tenancy allows the landlord to give you notice to leave. He has done this. The reasons are irrelevent - it is his right as owner of the property. You should be using your notice period to find alternative accommodation.

Agreed but its unfortunate. It doesn't sound like an ideal place with all the smoking/flushing of toilets etc. So i don't undertstand why youre so insistent on staying put.