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Disrepair and section 8
KeepCalm86
Posts: 2 Newbie
Hi everyone,
I don't have a clear question to ask here, but am wondering what my options are in this situation;
I signed a tenancy agreement earlier this year for a 12 month AST.
I moved in and quickly found that the shower, fridge, and heating were all faulty. The heating in particular is a real problem because the problem is that it is on FULL and cannot be turned down. The house is boiling and the bills are huge.
The shower took almost 3 months to be fixed after I notified the landlord, the other issues are still a problem. There are mice living under the house which I could hear at night. They seem to have been poisoned very recently as I can now smell rotting flesh below the front door.
I had some property stolen from the house during the first month - it was just outside the front door (but this is a gated area and there are only a handful of people living there, in the middle of nowhere). I later found this item in the Landlord's premises.
The Landlord went through a phase of inviting himself over (and actually barging in) to do bizarre things like "check the sink" which would involve a cursory glance at the sink. He would then hang around and interrogate me on how my history, where I'd lived, what my job involved, how long I'd been doing it, if I had a girlfriend etc. This would be at all hours, the morning, midday, or late evening. I also had periods of constant phone calls from the Landlord and to be honest it was all really making me feel on edge.
I lost my job early on - I moved for the job which was then no longer available after only 3 weeks due to the business undergoing a sale. I told the landlord about this and said that I was looking for a new job but I wanted to make him aware of my situation. I said to him that I'd rather mutually cancel our arrangement NOW than potentially be chased for rent I couldn't pay OR he could take the risk and hopefully I'd be able to catch up. He first told me that my car would cover the rent for a few months - I told him it was hired which it was. He then told me he'd take his chances and allow me to stay and I would pay ASAP.
I would rather have moved really because the rent was quite high in that area and the job I had moved there for was now gone. However the previous tenants had also quit their tenancy early and I think he didn't want more disruption. A shocking number of people have lived in the property in the 2 years since it was built so I think maybe I'm not the first person who has had problems with disrepair.
Moving on, I found a new job and waited for payday. It went badly and I am still attempting to coax my pay from the company. It looks like I'll have to give my notice because they aren't paying up. I am self-employed but subcontracted so I don't have the normal legal protection that an employee might get.
I called the landlord to explain what had happened but he didn't pick up, so I sent a text message (this is our usual mode of contact). It was the weekend so I waited. I hoped I would be paid by Monday by the company. Monday came and went and I wasn't paid. I tried to call again, and then sent a message, offering to pay half of the rent (which I had borrowed) and then the rest as soon as I got my pay rectified at work. I received a phone call later from the Landlord, swearing and shouting at me and telling me to get out of the house. I said I had half of the rent to pay him but he said he didn't care get the f**k out out etc.
My phone records all calls, so this phone call is recorded. It is a very vicious phonecall.
He came over the next day and dropped a note through the door saying he would be entering the house that day.
I sent and email saying that I felt harassed and that I would rather he came over for any non-emergencies when myself and a witness could be present. I copied in the local authority and as far as I know he did not enter the house that day.#
My situation is that I really do not want to live in that house any more. I get palpitations when there is a knock at the door and any call or message from the landlord makes me feel very stressed for hours afterwards. I told him what my situation was long ago - I have suffered some real hardship over the past couple of years and I was just starting to pick myself up when the job I had relocated for evaporated. I have nowhere to go immediately but I did I would be out of there - it's horrible being there and has been even before the payment issues.
He has now had his agent issue a section 8 although some details are incorrect. No written notice of arrears has been sent to me. He has helpfully sent me an email detailing his spur-of-the-moment visits to the property at unsociable hours!
Does anyone have any advice for me on what I can do? The landlord has been banging on the door and I want to move out but don't know how I can do this any time soon.
I don't have a clear question to ask here, but am wondering what my options are in this situation;
I signed a tenancy agreement earlier this year for a 12 month AST.
I moved in and quickly found that the shower, fridge, and heating were all faulty. The heating in particular is a real problem because the problem is that it is on FULL and cannot be turned down. The house is boiling and the bills are huge.
The shower took almost 3 months to be fixed after I notified the landlord, the other issues are still a problem. There are mice living under the house which I could hear at night. They seem to have been poisoned very recently as I can now smell rotting flesh below the front door.
I had some property stolen from the house during the first month - it was just outside the front door (but this is a gated area and there are only a handful of people living there, in the middle of nowhere). I later found this item in the Landlord's premises.
The Landlord went through a phase of inviting himself over (and actually barging in) to do bizarre things like "check the sink" which would involve a cursory glance at the sink. He would then hang around and interrogate me on how my history, where I'd lived, what my job involved, how long I'd been doing it, if I had a girlfriend etc. This would be at all hours, the morning, midday, or late evening. I also had periods of constant phone calls from the Landlord and to be honest it was all really making me feel on edge.
I lost my job early on - I moved for the job which was then no longer available after only 3 weeks due to the business undergoing a sale. I told the landlord about this and said that I was looking for a new job but I wanted to make him aware of my situation. I said to him that I'd rather mutually cancel our arrangement NOW than potentially be chased for rent I couldn't pay OR he could take the risk and hopefully I'd be able to catch up. He first told me that my car would cover the rent for a few months - I told him it was hired which it was. He then told me he'd take his chances and allow me to stay and I would pay ASAP.
I would rather have moved really because the rent was quite high in that area and the job I had moved there for was now gone. However the previous tenants had also quit their tenancy early and I think he didn't want more disruption. A shocking number of people have lived in the property in the 2 years since it was built so I think maybe I'm not the first person who has had problems with disrepair.
Moving on, I found a new job and waited for payday. It went badly and I am still attempting to coax my pay from the company. It looks like I'll have to give my notice because they aren't paying up. I am self-employed but subcontracted so I don't have the normal legal protection that an employee might get.
I called the landlord to explain what had happened but he didn't pick up, so I sent a text message (this is our usual mode of contact). It was the weekend so I waited. I hoped I would be paid by Monday by the company. Monday came and went and I wasn't paid. I tried to call again, and then sent a message, offering to pay half of the rent (which I had borrowed) and then the rest as soon as I got my pay rectified at work. I received a phone call later from the Landlord, swearing and shouting at me and telling me to get out of the house. I said I had half of the rent to pay him but he said he didn't care get the f**k out out etc.
My phone records all calls, so this phone call is recorded. It is a very vicious phonecall.
He came over the next day and dropped a note through the door saying he would be entering the house that day.
I sent and email saying that I felt harassed and that I would rather he came over for any non-emergencies when myself and a witness could be present. I copied in the local authority and as far as I know he did not enter the house that day.#
My situation is that I really do not want to live in that house any more. I get palpitations when there is a knock at the door and any call or message from the landlord makes me feel very stressed for hours afterwards. I told him what my situation was long ago - I have suffered some real hardship over the past couple of years and I was just starting to pick myself up when the job I had relocated for evaporated. I have nowhere to go immediately but I did I would be out of there - it's horrible being there and has been even before the payment issues.
He has now had his agent issue a section 8 although some details are incorrect. No written notice of arrears has been sent to me. He has helpfully sent me an email detailing his spur-of-the-moment visits to the property at unsociable hours!
Does anyone have any advice for me on what I can do? The landlord has been banging on the door and I want to move out but don't know how I can do this any time soon.
0
Comments
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I have two questions. What kind of heating is it that you can't turn down and how many months arrears of rent have you got now?0
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I have two questions. What kind of heating is it that you can't turn down and how many months arrears of rent have you got now?
or...OFF....
OP you've got a section 8 notice and want to move out so....move out and return possession back to the landlord then if you want to try and arrange to pay the arrears back over time or wait until the LL takes you to court for the arrears.:footie:
Regular savers earn 6% interest (HSBC, First Direct, M&S) Loans cost 2.9% per year (Nationwide) = FREE money. 0 -
Unless I'm mistaken, you and the landlord want the same thing:My situation is that I really do not want to live in that house any more.
You both wish to end the tenancy early.He has now had his agent issue a section 8
So your difficulty is negotiating with this rather unpleasant man to achieve this.
Dear Mr landlord,
I'm writing in response to the Section 8 notice which I received (yesterday/on xx/xx/16).
I am sorry that due to my changed circumstances things have reached this point. I understand that you now wish to end the tenancy, and I would be happy to surrender it early.
Can I therefore suggest that we agree an Early Surrender of the tenancy on xx/xx16 (a date not too far in the future which you can achieve and the LL is likely to accept). Please let me know by return if you will accept this.
I will of course make good the current arrears, as well as meet future rent up until that date.
Yours sincerely,
Mr K Calm
I suggest meanwhile that you change the lock. Keep the old lock and replace it when you leave. See
http://www.diy.com/help-advice/how-to-change-different-types-of-door-locks/CC_npcart_4100001.art0 -
The problem is that he has made living in that property a constant headache, I've actually avoided going home on more than one occasion because he was in the habit of coming over almost every day to interrogate me and waltz around the house for an unknown reason. He is an overbearing and abusive man who has 1) tried to bypass the proper eviction process and 2) has failed to make several repairs in a timely fashion or at all and 3) lied about the amount of arrears I owe.
I am currently 2 months behind, which would normally allow him to issue a section 8 on ground 10. However as I understand it he should send accurate arrears letters first, which he has not (accurate or otherwise). Coming to the front door AFTER he has allowed me an extra month to pay the rent (I did offer to leave) several times a week alone counts as harassment. If a tenant is in arrears the LL should issue arrears letters, not drop by whenever they like to shake you up, and ask for your car as payment no less.
I have lived in a very expensive sauna, with rotting rodents underneath the house, a faulty refrigerator, a faulty heater, a faulty shower, and constant phonecalls/visits on top of a hideous, recorded, phonecall. He has also tried to enter the property without notice, for non emergencies, including the day after said phonecall. As I understand it, the consitiutes harassment which is a criminal offence as a LL.
He has made the property entirely unsuitable by both his actions and inactions, and there is no way I intend to pay this horrid man for the privilege.
My current intent is to issue a counterclaim for harassment and disrepair, along with breaching the implied covenant of quiet enjoyment. He has made this far easier for me by detailing his harassment in writing for me along with the disrepair!0 -
It may constitute harrassment but I suspect that won't help you with the arrears. Neither will the carcasses, if they exist (could be a fish present for your LL for all your know given the LL's behaviour), neither will the disrepairs (there are processes available to get your LL to do repairs).
You could change the locks to prevent him coming in. You could have googled this and researched the implications and made a decision as to whether it was worth doing.
You can just wait to be evicted and officially get out that way.., however long it takes the LL to get his paperwork right.
And I am afraid, you could have gotten a job in a fast food restaurant or wherever you could get a job with actual pay and got paid (sorry, really don't mean that as rudely as it sounds, it is a valid point) as soon as you realised there was a problem with your second job so you'd be in a slightly better condition financially.
I'm not saying your LL is behaving in a recommended manner, but there are things you could have done differently too.0 -
Whilst it sounds as though your LL has behaved badly you are in arrears. If he has served a Section 8 notice using ground 8 and you are still 2 months in arrears when it gets to court there will be no counterclaim as its mandatory grounds for eviction.
The time to deal with the repairs and harassment is during the tenancy. The harassment could be mostly remedied by changing the barrel of the lock.
You and your landlord want the same thing so following G_M's advice would seem the most sensible way to try and achieve this.0 -
KeepCalm86 wrote: »The problem is that he has made living in that property a constant headache, I've actually avoided going home on more than one occasion because he was in the habit of coming over almost every day to interrogate me and waltz around the house for an unknown reason. He is an overbearing and abusive man who has 1) tried to bypass the proper eviction process and 2) has failed to make several repairs in a timely fashion or at all and 3) lied about the amount of arrears I owe.
I am currently 2 months behind, which would normally allow him to issue a section 8 on ground 10. However as I understand it he should send accurate arrears letters first, which he has not (accurate or otherwise). Coming to the front door AFTER he has allowed me an extra month to pay the rent (I did offer to leave) several times a week alone counts as harassment. If a tenant is in arrears the LL should issue arrears letters, not drop by whenever they like to shake you up, and ask for your car as payment no less.
I have lived in a very expensive sauna, with rotting rodents underneath the house, a faulty refrigerator, a faulty heater, a faulty shower, and constant phonecalls/visits on top of a hideous, recorded, phonecall. He has also tried to enter the property without notice, for non emergencies, including the day after said phonecall. As I understand it, the consitiutes harassment which is a criminal offence as a LL.
He has made the property entirely unsuitable by both his actions and inactions, and there is no way I intend to pay this horrid man for the privilege.
My current intent is to issue a counterclaim for harassment and disrepair, along with breaching the implied covenant of quiet enjoyment. He has made this far easier for me by detailing his harassment in writing for me along with the disrepair!
Am I right in thinking that when you first asked for the repairs to be completed you had already stopped paying the rent? He may be a nasty person but just because he has a house he lets doesn't mean that he has the money to complete repairs if he isn't being paid any rent.
What do you hope to gain from making a counterclaim? You have a wonderful opportunity to be rid of this landlord for ever by ending your tenancy correctly and moving out. You don't even have to wait for it to go to court if your notice ends the tenancy before the court hearing. I can't see why you would want to stay any longer with this awful landlord? It doesn't make sense for someone to stay in a property that they say is owned by a nasty landlord for any longer than a notice period to end a tenancy.0 -
Unless its not possible to move anywhere because he owes arrears, doesn't have a job, no good reference and no deposit.0
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I suggest that you go to CAB and/or telephone Shelter and ask for some help with this.
You may have grounds for a counter claim against the LL.
Whilst this can be costly (although if you were on means tested benefits there may be legal aid available) and may not be viable it is certainly worth investigating.
http://www.housingrepossessions.co.uk/do-i-have-counterclaim-against-landlord.html0 -
pmlindyloo wrote: »I suggest that you go to CAB and/or telephone Shelter and ask for some help with this.
You may have grounds for a counter claim against the LL.
Whilst this can be costly (although if you were on means tested benefits there may be legal aid available) and may not be viable it is certainly worth investigating.
http://www.housingrepossessions.co.uk/do-i-have-counterclaim-against-landlord.html
In the link it says that if a tenant feels that they are being harassed or threatened then they need to call the police because it is a criminal offence. Since the tenant hasn't said that they have done this it might be difficult to prove that they felt threatened or harassed? In which case it might be difficult to prove that damages should be paid?
It would have to be seen to not be an action to try to get money from a situation that was of the tenant's own making?0
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