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

Pixie5740

JamesJUK wrote: »

I quote with the evidence you asked for, and I'm still wrong. Jesus, some people can't accept they might be at fault themselves. Just like my landlord infact.

You have not provided evidence that I am wrong though. The Landlord and Tenant Act 1985 section 10 and 11 state:

“10 Fitness for human habitation.

In determining for the purposes of this Act whether a house is unfit for human habitation, regard shall be had to its condition in respect of the following matters—

repair,
stability,
freedom from damp,
internal arrangement,
natural lighting,
ventilation,
water supply,
drainage and sanitary conveniences,
facilities for preparation and cooking of food and for the disposal of waste water;

and the house shall be regarded as unfit for human habitation if, and only if, it is so far defective in one or more of those matters that it is not reasonably suitable for occupation in that condition.

Repairing obligations
11 Repairing obligations in short leases.

(1)In a lease to which this section applies (as to which, see sections 13 and 14) there is implied a covenant by the lessor—

(a)to keep in repair the structure and exterior of the dwelling-house (including drains, gutters and external pipes),

(b)to keep in repair and proper working order the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and

(c)to keep in repair and proper working order the installations in the dwelling-house for space heating and heating water.

And you had a means of heating your home. I don't know how much clearer I can make that to you.

Guest101

JamesJUK wrote: »

How do you propose I bath without carrying kettles and saucepans up and down the stairs? That in itself is putting myself in a dangerous position. - Yes YOU putting yourself in that position. Carry less water if it's dangerous.

How do you propose I heat the house with appliances that cost an absolute fortune? How do you propose I invest in appliances that may use lesser electricity without the funds to do so? Should that be my responsibility if a landlord is at fault? - Yes it should be. There was still a form of heat available.

You know the answer to this, you're just trying to defend your incorrect position.

Unfortunately you really don't understand how this works.

Gordon_Hose

No point wasting your bandwidth on the OP. Let him get on with it.

JamesJUK

Unfortunately you really don't understand how this works.

http://www.propertysurveying.co.uk/newsletter/?page_id=10746

Judging that the tenants were at ‘risk of immediate harm’, the council arranged for a new boiler to be installed and the toilet to be fixed – bringing to an end a four week period of hell for the tenants, who had suffered without heating or hot water in the depths of winter.

And

£5,000 for failing to maintain the boiler;

Explain away ...

booksurr

jayson043 wrote: »

Your landlord has given a notice to evict you, it shouldn't be a surprise that you may move on. agreed, the tenant may make their own arrangements but the tenant cannot terminate the tenancy without correct notice and neither can LL without a court order. That is the law.Ask your landlord will they be willing to start finding new tenants, irrelevant, OP has stated LL is selling not looking to continue lettingasap so you can leave earlier, can't leave without giving notice or obtaining mutual surrender from the LL. The latter is clearly never going to happen discuss arrangement about returning deposit, deposit already returnedand a reference. irrelevant, OP moving to council housing, ref no requiredExplain the situation you need to find a new place to live. already found If they are being supportive then do the same, if they are not look after yourself.

have you actually read the thread?

jayson043 wrote: »

Hi James, my advice given your housing situation is that you can move into your new place as soon as you have the keys. Given your situation and the difficulty of finding housing you need to look after no1. Not many people can afford increased housing costs to suit landlords selling intentions.

I sympathise with the view of looking after No 1, but OP needs to understand that in doing so there could be repercussions as he would be in breach of his tenancy agreement.

The OP is obviously aggressively annoyed but mutual wrongs by him and the LL do not make a right, all it makes is playing T for T

Pixie5740

JamesJUK wrote: »

How do you propose I bath without carrying kettles and saucepans up and down the stairs? That in itself is putting myself in a dangerous position.

Keep a kettle upstairs?

JamesJUK wrote: »

How do you propose I heat the house with appliances that cost an absolute fortune?

I didn't say it was easy. Just that you had a choice. You've lived there for years and if it was really that bad you would have moved regardless of how little money you had.

JamesJUK wrote: »

How do you propose I invest in appliances that may use lesser electricity without the funds to do so? Should that be my responsibility if a landlord is at fault?

Actually your landlord isn't necessarily responsible for the appliances in the property.

JamesJUK wrote: »

You know the answer to this, you're just trying to defend your incorrect position.

I'm not trying to defend an incorrect position. I'm trying to explain to you how things are and that as unfair as it may seem the law is not on your side. As I've already said, you'd be surprised at just how few repairing obligations landlords actually have. There are things you could have done to help yourself and your family and you chose not to do them.

benjus

Guest101 wrote: »

S.21 notice is just notice to go to court. It does not end your tenancy. Yes you still need to give one rental period notice (assuming SPT).

Are you sure about this? It's news to me if correct. AIUI the S21 notice - in addition to being notice of a potential court action - serves as the landlord's notice to the tenant that they wish for the tenancy to be terminated on the specified date. The tenant then has the option to comply with this and return the property to the landlord on that date with no need to serve notice themselves or pay any rent beyond that date.

However, if the tenant were to remain in the property with the landlord's consent after that date, the notice would become invalid and new notice would need to be served (by either landlord or tenant) to terminate the tenancy.

JamesJUK

Pixie5740 I am defending I am in the right here regarding the landlords faults. I have just linked to a case where LL was fined for similar problems I have faced.

The original question has been answered, and I accept that maybe I can't do what I am about to do. I asked because I wasn't sure on where I stood on that front after much research.

Being told that I am in the wrong for the landlords failings is wrong though, especially when judges have supported tenants in similar cases.

Guest101

JamesJUK wrote: »

http://www.propertysurveying.co.uk/newsletter/?page_id=10746



And



Explain away ...

When the LL fails to adhere to an enforcement notice.... Quite an important point!!

Pixie5740

JamesJUK wrote: »

Explain away ...

They didn't have an alternative means of heating like say electric heaters for example. There was no gas safety certificate? The judge went for the jugular because the tenants had fecal matter leaking into their home. The tenants followed the due process for escalating the repairs with the council and the landlord failed to comply with an enforcement notice.