Threatened with eviction by Landlord

franklee

Now you understand the issue better what would have happened if you hadn't taken emergency action? You say the kitchen was being flooded and the problem was due to roots overgrowing in the drains. Yet showering and using the loo caused the kitchen to flood. Does this mean the kitchen was flooded with foul water from the drains? Who cleaned it up and how?

I'd suggest you write a polite and well reasoned letter to the LL copied to the LA explaining that your immediate concern was to prevent anymore flooding. Given you aren't a plumbing expert you didn't know what the cause of the flood was so you sought expert help. Your concern was preventing further damage if you had left it 12 hours and the flooding continued. Explain you acted to protect the landlord's property in the best way you could in the absence of any emergency helpline advice from the agent, having called their answer machine to see if there was an emergency number. If you did the clean up explain that too, say how long it took etc. Assure them that if any flooding occurs in future you will leave it be until office hours. Don't mention the money,

Then see if the LL peruses you for the cost.

jarvish

The LL didn't/doesn't seem to have an issue with emergency action being taken - his issue was that we sorted it out ourselves by calling Dynarod rather than knocking on someone from the HA's door at 10 o'clock at night for them to sort out (even though we didn't know if it was a plumbing/drains issue), as the fees he pays the HA cover the upkeep of the drains.

Anyway, the LA has contacted me this morning and the LL has dropped all of this - they aren't asking for any of the £180 back, and they are not going to serve us notice through the break clause (no more explanation than this was given). I guess he was bluffing after all. Will be interesting to see what happens at renewal - he will probably put our rent up £15 month a more than he was going to and get his £180 that way - that's probably what I would have done if I was him in the first place rather than use bullying tactics against good tennants!!!! We'll definitely also ask for the break clause to be removed at renewal - am guessing it will be a no, but no harm in asking.

Cheers

Pixie5740

Thanks for the update. I'm glad it seems to have worked out....for now.

Homeagain

G_M wrote: »

No.

The clause means 2 things:

1) that the LL can end the tenancy early if he wishes to for any reason and

2) that the tenant can end the tenancy early if he wishes to for any reason

That seems fair!

You are not strictly correct, despite whatever agreement has been signed. No offence.

Homeagain

FBaby wrote: »

The problem is that you considered having water after 10pm and not be prepared to wait until the morning to talk to the LA an emergency, when in all likelihood, the LL doesn't agree with you. If you had waited until the morning (your wife doing what she needed to do and either managing to get water out of the kitchen tap to flushed it away or at worse jut closing the seat), contacted the LA at 9am, then most likely would have contacted the HA and they would have dealt with it leaving the LL out of it. I can understand how on this basis, they were not impressed that they ended up with the bill.

I do think that the threat was unecessary, but I don't think it is unreasonable for you to pay half just because you couldn't wait until the morning to deal with a matter that really wasn't an emergency.

I really disagree with your thinking here.