Revenge Eviction

Miss_Samantha

mrkjd wrote: »

I have since leant that the Prevention of Eviction Act 1977 Section 5 requires a full rental term notice.

It's not how it works.

You need to consider the European Convention on Human Rights and also the fact that the landlord did give notice although it was invalid, as you rightly pointed out.

Perhaps you could research case law on the issue.

mrkjd

Interesting angle Miss Samantha, can you elaborate how Human Rights legislation comes into it?

FBaby

So what happened in relation to the damp and wood burner?

mrkjd

FBaby wrote: »

So what happened in relation to the damp and wood burner?

They have done nothing. Local Authority asked them to make safe the wood burner within a month which they failed to do. Now they want to just remove it (which will make it safe but it is also an inventory item we pay for so we require a like for like replacement or compensation). They still have a couple of weeks to do the damp works but since they have done nothing yet it is unlikely they will conform to the 2 months the LA gave them. LA are going to "write to them again". We have a compensation claim ongoing which I will pursue through Small Claims at some point.

bris

Compensation for what, you need to have had actual losses in a case like this, can you define these losses? Would the rent be cheaper without the wood burner? No would be the answer to that but if you think you can prove otherwise then go ahead.

[Deleted User]

If he has to make it safe and removes it, then he's complied with the council's wishes. I remember reading about someone who had ripped carpets in their property. Reported it to the council, the council asked LL to make it safe. He removed them. This was complying. The tenant however, had no carpet from that point on unless they replaced it. Sometimes these things can backfire.

And to be honest, I really don't think you are helping yourself with your attitude. But if you want to waste money on small claims case, don't let us stop you.

(Text removed by MSE Forum Team)

FBaby

The suggestion from us that the progress has been insufficient and we needed to consider escalating further to the Local Authority seems to have prompted the Section 21

So you got the Section 21 and THEN you contacted the LA, which came and did an inspection and came up with recommendation to the landlord to sort out within 2 months, and the two months are coming to an end? Well that was quick action from the LA!