Notice Requiring Possession

lovemusic80

Hello looking for some help/advice re my landlord/estate agent.


I have damp in my rented property, took pic's showing problems when we (myself and 5 year old chid) moved in on 16/3/13, work started via landlord in April 2014, they knocked through a large hole in the stairwell which had been previously painted over and damp proofing holes in the kitchen.


In august 2014 I wrote to complain as work had stopped and no further contact/info for Three months.


I received text from landlord on 22nd August re coming in to house the following week to continue work in hallway and kitchen, I responded stating I had children staying that week and week after once they back at school more suitable, on the 27th August received letter stating notice requiring possession and informing me I have to leave the property by 15th October 2014 (my rent day is 16th of each month) date on letter is 21st August, day before landlord text me!





Had an electrical failure which blow all the electrics and the electrician stated the plug socket was wet due to damp.


Have called estate agent a number of time since the start of the year regarding this.


If I am to leave on the 15th October that is not 2 months notice.


All of this only happened once I complained, I have 1 pay date between now and the 15th October can not afford to move in this time.


Please advise if I have any options.


Kind Regards


Angela

lovemusic80

sorry forgot to add.
Letter from landlord states
"notice served due to the extensive works that are required within the property that can not be undertaken whilst the property is occupied"


both the Landlord and estate agent knew all the work required long before I moved in and the whole time I have been waiting/ paying rent on this property, surely they should have informed me of this prior to my complaint and am I in the right to claim rent back
thanks
angela

pinkshoes

So you're saying that you would like to move but can't afford to yet?

You could point out their incorrect notice period, but state that if they give you back tiur full deposit immediately then you will be able to move by this date.

BitterAndTwisted

You only moved in in March. Was this a 6 month AST ending on the 15th of September?

One way to be able to afford to move would be to stop paying rent for a derelict bloody wreck of a property and go once you've saved up enough. It would cost the landlord a fairly sizeable sum to chase you through the courts for the unpaid rent, so he may not bother.

Menawhile you could do with something decent in your arsenal. Like inviting a visit from Environmental Health about the damp and dodgy electrics. Quite honestly, it sounds like the properry may have been rendered uninhabitable without usable and safe electrics, never mind knocking holes in stairwells and half-completed remedial works.

I'm not one for recommending tenants stop paying rent lawfully due, but I ruddy-well do in this circumstance.

lovemusic80

Thank you for you replies.
I have an agent from the local council coming in on the 17th September, and the Estate Agent has now stated that an error was made on my notice and I do now have until the 15th November 2014 to leave.
(yes AST ending September)
My issue is/was not only not having the money to move (now I have the full 2 months notice period this isn't a problem) its the fact that any work that is required to be done, has been needed for the whole time I have lived in the property and the Landlord/agent was well aware of this, so surely if they are saying the work is


“to extensive to be carried out whilst the property is occupied” then they should never have let the property in the first place and shouldn't have started the work when I was living there? Do I have a case to claim back rent paid for a property that is not up to living
Conditions.
Thanks again for you help
Angela

booksurr

you are at the sharp end of one the major disadvantages of renting.

If you kick up a fuss the LL can (and often does) decide you are more trouble than you are worth and so issues a possession (section 21 or S21) notice which, provided a) the 6 month fixed term has expired and b) is dated correctly is called a no fault notice as you cannot defend against it in court so if it gets that far the LL will win by default and you will be evicted.

I am not passing judgement on your specific case as I haven't seen the property myself but it appears you have forced the LL to act, whether that is simply to replace you with someone less contentious and not do the work, or whether it is genuinely to do the work, is utterly irrelevant as no reason is required to serve a S21 hence as in your case it is often described as a retaliatory S21 and is therefore a major risk of being a tenant about which you can do nothing other than move on

dodger1

lovemusic80 wrote: »

My issue is/was not only not having the money to move (now I have the full 2 months notice period this isn't a problem) its the fact that any work that is required to be done, has been needed for the whole time I have lived in the property and the Landlord/agent was well aware of this, so surely if they are saying the work is

LL could of course say that they weren't aware of the extent of the necessary repairs until they had started the work. Possibly nonsense but that can actually happen.

thesaint

lovemusic80 wrote: »

and am I in the right to claim rent back
thanks
angela

No, you are not right.
You should concentrate on serving a notice to quit, and moving elsewhere.

lovemusic80

Thank you for your comments.

I have been reading up and it seems that I have no options, and it would seem that other than being a right cheeky so and so (putting it mildly) The landlord is within his rights and I don't have a leg to stand on, without a great deal of stress to myself.



The Landlord sent me a text last night asking to come in this week to

Continue with the work that’s required? but yet its SOOOO extensive that it cant be carried out whilst occupied??!!!

Feel like I’ve been ripped off for the last 4-5 months a lest as all work required was known about prior to them letting this house to me over a year ago.

Anyway cutting my losses, moving on and knowing better for the future is all I can do.

Thank you to every1 for your help

Angela

G_M

Forget the past and decide what you want.

* repairs carried out so you can continue to live there in a well-maintained property. If yes, are you willing to put up with the workmen/mess etc?

* to move out when the landlord wants you to

* to move out when you want to

* to coninue to live there but without disruption (ie no repairs)

Once you have decided the above, you can decide what to do.

Due rent back? No.