Revenge Eviction

mrkjd

We have been pushing our Landlord to carry out repairs to a dangerous wood burner/chimney and damp issues. Let me add that my wife and I are both professionals and pay the rent on time, every time for over 2 years as well as maintain the house/garden as if it was our own.

After months of inaction we sent an email saying we were not happy with progress and were considering escalation to the Local Authority. Within hours the Agent hand delivered a Section 21 Notice for possession! A clearer case of "Revenge Eviction" is hard to imagine! We are obviously gutted by the implications of this. Without getting into specifics right away, do any members have any advice / know any good online forums on how we should approach this. If anybody is knowledgeable in this area of Property Law I am happy to elaborate on the details

Pixie5740

When did your tenancy start? On or after 1st October 2015? If so you're protected against revenge evictions for repairs, if not then you can't defend against a correctly issued Section 21.

Edit: I see that you've lived there for 2 years but have you signed a new TA since 1st October 2015?

silvercar

Why do you want to stay if it is dangerous?

tidds

I agree with silvercar. If they're this horrible, maybe it's best to look for somewhere else if at all possible?

theartfullodger

The defence against revenge evictions has rather strict rules including you having already complained to council see....
http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/risk_of_eviction

Sadly a s21 permits a landlord to evict a perfect tenant for no reason at all. Why? Thatcher's 1988 Housing Act. Remember that at the next election.

Interestingly Scotland is abolishing their equivalent of s21...

So, yes, go look for somewhere else ASAP, and why anyone wishes to stay in an unsafe property (rented, owned, woteva..) is beyond me....

If landlord/agent wish to arrange viewings, surveyors, put it on market etc it is unlikely you have to permit visits associated with those activities. Inspections to check conditions yes, the rest no.

From what you have said this landlord needs a good kickin' so please keep pursuing him with the help of the council.

Cheers!

Guest101

mrkjd wrote: »

We have been pushing our Landlord to carry out repairs to a dangerous wood burner/chimney and damp issues. Let me add that my wife and I are both professionals and pay the rent on time, every time for over 2 years as well as maintain the house/garden as if it was our own.

After months of inaction we sent an email saying we were not happy with progress and were considering escalation to the Local Authority. Within hours the Agent hand delivered a Section 21 Notice for possession! A clearer case of "Revenge Eviction" is hard to imagine! We are obviously gutted by the implications of this. Without getting into specifics right away, do any members have any advice / know any good online forums on how we should approach this. If anybody is knowledgeable in this area of Property Law I am happy to elaborate on the details

Unfortunately the protections for your tenancy haven't come into effect yet.


Either start looking now, wait for them to evict (probably around 6 months), or speak to the landlord.


Meantime you can escalate it anyway and the council will probably order the repair - so the LL pays the cost anyway

Cakeguts

Why do you want to stay in a property where the landlord ignores requests for repairs and where the property is damp?

Surely the sensible thing to do now would be to accept the S21 Notice and start looking for somewhere else that isn't damp and which is in good repair?

melstar11

Report them to the local authority now. They've had their chance and, frankly, deserve a void period. Has your communication re: repairs/remedial work been direct with the LL or via the agent?

AdrianC

theartfullodger wrote: »

Sadly a s21 permits a landlord to evict a perfect tenant for no reason at all. Why? Thatcher's 1988 Housing Act. Remember that at the next election.

I couldn't agree more. I certainly won't be voting for Margaret Thatcher at the next election...

<rolls eyes>
Have you considered, if you're trying to make some party-political point, that the labour party had 17yrs in power to repeal it, yet didn't? No, thought not.

theartfullodger

AdrianC wrote: »

I couldn't agree more. I certainly won't be voting for Margaret Thatcher at the next election...

<rolls eyes>
Have you considered, if you're trying to make some party-political point, that the labour party had 17yrs in power to repeal it, yet didn't? No, thought not.

Thank you for your kind comments:

Yes of course I'd considered it.

Artful (Landlord ...)

FBaby

What is the problem with the wood burner and how did damp happen. As it stands nothing you've written indicates whether your demands were reasonable or not. Has anyone come to look at the chimney and agreed that repairs were essential? Do you have evidence that the dump want caused by condensation ie your fault?