Landlord Served Section 21 in August. She now says I can't move out without notice

mrginge

JamesJUK wrote: »

So wait, the landlord does the following, and I am expected to comply with her?

1. In October 2013 the boiler broke. We had no hot water upstairs, and no heating. It wasn't until January that she replaced the boiler. This caused financial distress due to the fact we had to use kettle's and saucepans to make a bath (no shower, it's never worked), and also we had to use electric heaters during this period. An addition 700 GBP+ onto our bill that has now left me in debt.

2. May 2015 the electritc box blew up. It took her 4 days to send someone out only after I reported her to environmental health and they ordered her to fix it, or they would. In this time we had to live without electricity. She sent some random electrician around who has just removed part of the fuse box and left it as it is. The fuse box has wires exposed, and often trips fuses which means I have to dangerously flick those switches. She's aware of this too.

3. Last week I reported the radiators were not working. They randomly just stopped working. She has sent nobody around, and once again we're left to live without heating. We have an 8 year old who has to sleep in our room because his room is like a freezer.

There's more issues, but she seriously expects me to pay the 1 months rent? She can take it to court, because I will counter he claim with the stuff she's put us through.

None of that is relevant to the question you asked.

Guest101

JamesJUK wrote: »

So wait, the landlord does the following, and I am expected to comply with her? - Comply with the law.

1. In October 2013 the boiler broke. We had no hot water upstairs, and no heating. - Did you report it, in writing? It wasn't until January that she replaced the boiler. This caused financial distress due to the fact we had to use kettle's and saucepans to make a bath (no shower, it's never worked), and also we had to use electric heaters during this period. An addition 700 GBP+ onto our bill that has now left me in debt. - If you have suffered a loss as a result of breach of contract, you can sue the LL. Does the contract state the period for repairs?

2. May 2015 the electric box blew up. - This could belong to the utilities supplier. But I assume it didn't. It took her 4 days to send someone out only after I reported her to environmental health and they ordered her to fix it, - Did you report it to her in writing? or they would. In this time we had to live without electricity. She sent some random electricial around who has just removed part of the fuse box and left it as it is. The fuse box has wires exposed, and often trips fuses which means I have to dangerously flick those switches. She's aware of this too. - Report to the HSE.

3. Last week I reported the radiators were not working. - In writing? They randomly just stopped working. She has sent nobody around, and once again we're left to live without heating. We have an 8 year old who has to sleep in our room because his room is like a freezer.

There's more issues, but she seriously expects me to pay the 1 months rent? She can take it to court, because I will counter he claim with the stuff she's put us through.

When I say in writing, I mean pen, paper, ink and a stamp

Pixie5740

Good luck counter suing for the things you've just listed. You're not entitled to compensation for any of them and have diddly squat to do with you giving notice.

1) You had a source of heating and a means of heating water. Legally she didn't have to fix the boiler. (I know! I don't make the rules.)

2) How is she aware of this? Did you report in writing (ink, paper, stamp and proof of postage) after she had it "fixed?" Did you go back to environment health about your concerns since it was so dangerous?

3) Can't you use the electric heaters you use when the boiler broke before?

I get that you're annoyed but legally you haven't got a leg to stand on. You'd be surprised and just how few repairing obligations landlords in England & Wales have. Yes a good landlord will go above and beyond the minimum but this landlord can't have been all that bad as you continued living there for at least 2 years.

JamesJUK

Reported via email, recorded phone conversations (she was aware I was recording) and the environmental health has came around to the house twice to validate my claims that the landlord is neglecting us as tenants. They have photographs and evidence too.

As for it having no relevance to the question, it doesn't no, but no court would side with her. She doesn't have the money to take it court (hence why she hasn't taken the eviction to court).

She tried to tell the housing we were in rent arrears 2 months ago, until I took in my bank statements to prove her wrong. Her motive was to make life difficult for me because she had to pay back an unsecured deposit. Since she paid this money back she makes life very hard for us.

All I am saying is, I am confident that there will be no repercussions from leaving this week.

JamesJUK

Can't you use the electric heaters you use when the boiler broke before?

We're now on pre paid electric meter due to the debt we were placed in from when the boiler failed. Boiler had to be replaced, it was too old. I can not afford to run those heaters.

Pixie5740

Yes a court could side with her quite easily as your list of repairs has nothing to do with ending the tenancy. Small claims court doesn't cost that much and if she won (assuming this even gets to court) then her court costs would be charged to you.

However, it sounds as though you are feeling lucky punk so bon chance.

Guest101

JamesJUK wrote: »

Reported via email, - So 'no' not in writing. recorded phone conversations (she was aware I was recording) - Irrelevant. FYI you don't need to notify anyone. and the environmental health has came around to the house twice to validate my claims that the landlord is neglecting us as tenants. They have photographs and evidence too. - Great. They made enforcement orders and she complied. What else do you need?

As for it having no relevance to the question, it doesn't no, but no court would side with her. - Oh I do chuckle. Yes they would. Of course they would! She doesn't have the money to take it court (hence why she hasn't taken the eviction to court). - She doesn't have £80??!!

She tried to tell the housing we were in rent arrears 2 months ago, until I took in my bank statements to prove her wrong. - Irrelevant.

All I am saying is, I am confident that there will be no repercussions from leaving this week.

Ok, so the point of your question is?

Gordon_Hose

If you're that confident then I don't really know why you're here asking questions.

Just walk away and see what happens. It might be nothing, it might be something. No one can foresee the future.

JamesJUK

I'll take my chances. Not much else I can do. I am reluctant to comply with the landlords request when she hasn't complied with mine and has made our time living here very difficult.

Thanks for the replies. I'll update the thread in a few months if she decides to take it to court. Either way, life moves on. I have to make decisions that benefit my family and my own finances, even if they could be wrong.

JamesJUK

If you're that confident then I don't really know why you're here asking questions.

Just walk away and see what happens. It might be nothing, it might be something. No one can foresee the future.

Because prior to asking the question I wasn't aware what the law was on this issue.