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My Rights as a Tenant
Comments
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Not really. Posting a load of information from a government website is not a question.
The property may be in exactly the same state of cleanliness now as it was at the start of your tenancy but you have not and can not give notice within the fixed-term. You are getting ahead of yourself here a tiny little bit.
The council may do all sorts of things. Once they have done a couple or many of those things then you will know what options you may have. You could find that you are all chucked out of there with very little notice, need to find somewhere else very quickly and then could possibly have the option of fighting your ex-landlord for all of the rent back which you have paid. Your landlord could be insolvent. May not have the money to pay any possible fines. Could apply for bankruptcy. Your rent could be put out of your reach. Lots of things.
You have already stated that you have no money to fund your onward move but you might have to somehow.0 -
I'd ask the council to ask for the rent repayment order as part of their prosecution (if a serious enough offence has been committed). Housing Act 2004 s75(3)(a) allows the Local Housing Authority (aka the council) or you to apply for the order - if the landlord is successfully prosecuted (which isn't 100%) - then the council loses nothing in asking for the RRO - saving you time/ money. One word of warning - these prosecutions are not quick.0
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Did I mention that if they prohibit use of your home that you might have 10-20 minutes to gather your stuff if you are there when they serve notice. If you return home after the notice is served you might not physically be able to get in. (You should still be able to gain temporary access by arrangement). If it's a dodgy conversion then it's really important to start making plans.....0
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Why should he still be paying, who would be breaking the contract...seems to me the LL has broken the contract from day one with not only him but the rest of the tenants. The way I see it he's paying for goods that he's not recieving, why would anyone continue doing that? I don't really see how the LL could make him homeless, surely the right thing to do is rectify the problem ie apply for planning permission, bring all the flats up to building regs install a proper heating system then he can start charging the full rent and pay back all the council tax he has fraudulently obtained from his tenants0
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Why should he still be paying, who would be breaking the contract...seems to me the LL has broken the contract from day one with not only him but the rest of the tenants. The way I see it he's paying for goods that he's not recieving, why would anyone continue doing that? I don't really see how the LL could make him homeless, surely the right thing to do is rectify the problem ie apply for planning permission, bring all the flats up to building regs install a proper heating system then he can start charging the full rent and pay back all the council tax he has fraudulently obtained from his tenants
Trouble is, you're mixing up Consumer law with Landlord and Tenant Law. Payment for goods has nothing to do with property rental and you can't apply the same logic.0 -
The possible risks to the OP are likely greater now, although very different, than they were before they picked up the phone. Getting all indignant about someone else's deficiencies won't put a new and safer roof over their head.0
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Trouble is, you're mixing up Consumer law with Landlord and Tenant Law. Payment for goods has nothing to do with property rental and you can't apply the same logic.
Well its just the way I see it, what's the difference in breaking a contract in tenancy than a contract in buying goods. It's still a contract and legally binding, no? Can a tenancy agreement not be broken?0 -
Because contracts are a different beast to consumer legislation. You tell it as you see it. That don't make it right. Civil and criminal I suspect is the most important difference.0
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I cannot see how anyone has the right to give me 10-15minutes to move out, I am sure first the council would need a court order etc, then the landlord would be responsible to provide an alternative property, failing that then the landlord will have to put all 4 studios.in a hotel, all of which have 2 people in each studio. I am not in the least worried, its the landlords problem, you cannot just be put on to the road for no fault ofbyour own, same if you did not pay the rent, landlord has processes which he must go through the courts.0
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I admire your confidence. Good luck with that. I daresay that when or if the council do put you out with ten or twenty minutes notice you will be back on here mewling about it as soon as you can find a PC available at the local library. In between scanning the ads on Gumtree0
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