Revenge Eviction

[Deleted User]

Try a broker to find out if any 50 something friendly mortgage packages?

Hope you are able to do something about this LL. It might even be that the LL would have to re-present his possession order claim in court if you have clear evidence of repairs not being fixed. But check that, I've seen it on TV Slum LL's programme) and that isn't legal fact. Shelter might advise or the CAB or even a solicitor experienced in tenancy law.

FBaby

So the reality is that you are happy to move, just when it suits you, not when it suits your landlord. On this basis, you have the same rights, or actually, you have some more as you don't have to give notice as long as he does.

Frankly, if I believe the house I lived in was dangerous and at risk of my life and that of my family, I would long have moved, so somehow, I am wondering if it is as bad as you make it. Sounds like you were happy to go with it, but you are now angry that you're not the one in control of when you move out.

Cakeguts

What I don't understand is why you are gutted about having to move from a house that is dangerous? Yes I understand that the landlord is not carrying out repairs but what is so special about this rented house that you have spent so much time trying to get the repairs done? If the landlord is not doing repairs promptly he is just going to be always like this about repairs. I can understand why you went to the local authority about this but I can't understand why you would be gutted to leave?

The section 21 notice means that you don't have to give notice so it actually helps you. You obviously don't want to stay in this house so there is no point in trying to fight it in court?

You now have plenty of time to find somewhere to live that is in much better repair and has a landlord that does repairs on time.

G_M

1) The S21. I believe:

Under the Deregulation Act 2015 , any S21 Notice (the 1st step in eviction) is invalid if

i) the tenant has reported an issue to the LL
ii) the tenant has complained to the council
iii) the council has inspected
iv) the council has issued an improvement notice to the LL

If all the above steps have taken place, the LL cannot serve a valid S21 Notice.

But also:

If the landlord serves a (valid) S21 Notice following the original complaint from the tenant (step i above), and then steps ii) to iv) take place, the S21 Notice cannot be enforced even though it may have been valid when it was served.

So although the S21 is currently valid, it cannot be enfored if you now go to the council.

For more, see Shelter here.

2) This only applies to new tenancies since 1/10/15.

Since your last fixed term expired Dec 15, your subsequent periodic tenancy qualifies you (I believe).
edit - sorry - see below

My post below attempts to explain. If there are errors in it, please let me know folks!

* Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new protection (2015)

edit:

the changes will not apply to any fixed term tenancies granted before 1 October 2015 even if they become periodic after 1 October 2015.

(http://www.singletonday.co.uk/retaliatory-eviction-and-the-deregulation-act-2015/)

and

These new provisions will apply to ASTs granted on or after 1 October 2015. They will not apply to a fixed term AST granted prior to that date even if, after 1 October 2015, the fixed term AST becomes a statutory periodic tenancy.

(http://www.tltsolicitors.com/news-and-insights/insight/deregulation-act-2015--impact-on-residential-landlord-and-tenants/)

mrkjd

GM, thanks for the summary. Your edit re a fixed term becoming periodic NOT being covered was my first impression however whilst that might apply to a fixed term rolling into periodic PRIOR to Oct 15 I am not as convinced it is relevant to a fixed term rolling on to periodic AFTER Oct 15.

Even if that was not the caee, how does that interpretation align with the "Superstrike" case law and the definition of "new contract" outlined here: http://www.landlordlawblog.co.uk/2013/08/05/why-a-periodic-tenancy-is-a-new-tenancy/? It seems to me the situation isn't very clear and this alternative view has some validity.

Pixie5740

Superstrike is old news since the Deregulation Act 2015.

Guest101

The law only covers new tenancies granted since Oct 2015.


Not periodics, and (afaik) not renewals.


Case law would be interesting on renewals, but I suspect it wont apply.

mrkjd

So is it no longer relevent? Does the Deregulation Act supersede the definitions of "new tenancy" given in my link? I fear that may be the case.

Re the Deregulation Act - does the requirement to include How to Rent, Environmental Performance Report etc as part of a S21 notice also not apply to pre Oct 15 contracts? I think I read somewhere that even if the old S21 form is used the other criteria (notwithstanding Section 30 Revenge Eviction measures)

G_M

Guest101 wrote: »

The law only covers new tenancies granted since Oct 2015.


Not periodics, and (afaik) not renewals.


Case law would be interesting on renewals, but I suspect it wont apply.

Both the links in my post above indicate the law applies to renewals. ie any new fixed term agreement.

ReadingTim

What are you trying to achieve here? What represents a satisfactory outcome to this dispute, from your perspective?

If you think your landlord is going to change their decision to evict you, and instead repair and refurbish the property and possibly chuck in a rent reduction as compensation for your troubles then sorry mate, but it ain't gonna happen.

At best you might be able to delay and complicate the eviction process, and possibly force the landlord into some half @rsed maintenance as overseen by the council once you're gone, but no more. The landlord will incur higher costs, but the outcome will be the same as far as you're concerned, so really it's no more than revenge retaliation for a revenge eviction. But two wrongs don't make a right.

Instead, I suggest you concentrate your time and energy on finding a mortgage provider who will accommodate your age and employment status, and then locate property of your own, where you're responsible for the upkeep thereof.