Compensation for disrepair

G_M

Have you really been served a S21 Notice? No reason is needed for this, but 2 months notice must be given. As explained, there are various things that could make it invalid (wrong dates, deposit not protected, etc).

A S8 Notice always needs a reason. S8 Ground 8 is where there are rent arrears. It s quicker than a S21 Notice.

45012168

Pixie5740 wrote: »

You are confusing a Section 8 (ground 8) notice with a Section 21 notice. The Section 8 can be used when there are arrears whereas a landlord needs no reason whatsoever to issue a Section 21 and providing it has been issued correctly, deposit protected correctly, etc there is no defense against it.

If you were to be evicted using the Section 8 route you might have found the council less willing to help as you would have intentionally made yourself homeless by not paying the rent whereas they are more likely to help re-house you with a Section 21 based eviction.

Okay I get it. But why would he not serve me with a s.8 then?
And if the landlord decides to issue a s.8 aswell as the s.21 (if they can - I'm not sure) then would I still get help with being rehoused. I have no intention to leave the property.

45012168

Pixie5740 wrote: »

Unfortunately as you aren't protected by the new law preventing retaliatory evictions for repair requests (they're only for tenancies which started after 1st October 2015 at the moment). All you can really do is keep escalating the repairs to the council but now that your landlord has issued a Section 21 it's a bit pointless as sooner or later they'll get you out of there.

I doubt you'll be able to claim any compensation or rent reduction for the period you've been without a working boiler but Shelter would be able to advise better than me about that.

So I guess it comes down to what you want to do OP. Do you want to wait for the bailiffs to physically remove you from the property so that the council will help re-house you (gatekeeping) or do you want to chalk this up to experience and find a new home before this reaches court where you'll be protected from retaliatory evictions thanks to the Deregulation Act 2015?

I don't have any intention to leave.

45012168

G_M wrote: »

Have you really been served a S21 Notice? No reason is needed for this, but 2 months notice must be given. As explained, there are various things that could make it invalid (wrong dates, deposit not protected, etc).

A S8 Notice always needs a reason. S8 Ground 8 is where there are rent arrears. It s quicker than a S21 Notice.

Yes we have. The landlord keeps messaging me about the rent. If it wants it that bad why didn't he serve a s.8
I kno they are playing games

Pixie5740

45012168 wrote: »

Okay I get it. But why would he not serve me with a s.8 then?
And if the landlord decides to issue a s.8 aswell as the s.21 (if they can - I'm not sure) then would I still get help with being rehoused. I have no intention to leave the property.

Ignorance? Because if you reduce the arrears the Section 8 would no longer be valid? Who knows?

Yes it is possible for a landlord to go belt and braces and issue both notices. What has your landlord actually served you with?

You might not have any intention of leaving the property but by hook or by crook your landlord will get you out of there. First it's notice, then court for an eviction order and then bailiffs to physically remove you from the property. That could be baillifs from the County Court or it could be High Court Enforcement Officers.

Ultimately it's up to you whether you go the hard way or the easy way. However, you mentioned having children at school so, whilst I understand your annoyance at your landlord, the more sensible option is to find somewhere and get the children moved before term starts.

45012168

Pixie5740 wrote: »

Ignorance? Because if you reduce the arrears the Section 8 would no longer be valid? Who knows?

Yes it is possible for a landlord to go belt and braces and issue both notices. What has your landlord actually served you with?

You might not have any intention of leaving the property but by hook or by crook your landlord will get you out of there. First it's notice, then court for an eviction order and then bailiffs to physically remove you from the property. That could be baillifs from the County Court or it could be High Court Enforcement Officers.

Ultimately it's up to you whether you go the hard way or the easy way. However, you mentioned having children at school so, whilst I understand your annoyance at your landlord, the more sensible option is to find somewhere and get the children moved before term starts.

I've been served with a s.21 notice.

I understand they will seek a court order next etc so I know it could take several more weeks/months to get us out. If they want can they withdraw the section 21 once the rent is paid? Wouldn't that make them look really stupid.

Also is it possible for them to apply for a CCJ against me to claim the overdue rent? I really think that's what they intend to do that's why they haven't served a section 8. I clearly remember the landlady telling me she will make sure I get a CCJ and of course I do not want that to happen either as i am already trying so hard to build my credit.

Pixie5740

Yes your landlord could choose not to follow up the Section 21 and therefore not go to court for an eviction order. They might do that if you clear the arrears but then again they might not. As already explained a landlord does not need a reason (a ground) to issue a Section 21.

If your landlord wants to pursue you for unpaid rent it makes not one jot of difference whether she issues a Section 8, Section 21 or both. If you do not pay the rent she can pursue you through court for the unpaid rent. Should she win a judgement against you for unpaid rent and you can't/won't pay up then she can enforce the judgement through the court and have a CCJ awarded against you.

Read the link G_M gave you. It explains how an AST can be ended and you seem to be a bit confused about it all works.

tlc678910

It sounds like you have been unhappy in your home for a long time and have a terrible relationship with the landlord. Not only that you don't get on but the house is in disrepair and is only repaired when there is Council enforcement. You feel you pay a furnished rent for an unfurnished property. Why do you want to stay?!

Why don't you use the rent you have withheld as rent and deposit with a new private landlord. You will have to explain lack of a reference but evidence of your living circumstances and council enforcement i.e. No hot water for months support your side. Prioritise your new property and rent and the old landlord can get a court order for you to pay off arrears as you can afford them unless you can get them written off due to the circumstances. Can you get a reference from an old landlord, agent or your employer?

Tlc

45012168

tlc678910 wrote: »

It sounds like you have been unhappy in your home for a long time and have a terrible relationship with the landlord. Not only that you don't get on but the house is in disrepair and is only repaired when there is Council enforcement. You feel you pay a furnished rent for an unfurnished property. Why do you want to stay?!

Why don't you use the rent you have withheld as rent and deposit with a new private landlord. You will have to explain lack of a reference but evidence of your living circumstances and council enforcement i.e. No hot water for months support your side. Prioritise your new property and rent and the old landlord can get a court order for you to pay off arrears as you can afford them unless you can get them written off due to the circumstances. Can you get a reference from an old landlord, agent or your employer?

Tlc

We have not moved because we have spent a heck of a lot of money decorating this place. Since we moved in we treated this place as our own and everything from the floorboards/carpets, wallpaper, blinds, furniture etc belongs to us. We redecorated this house 3 times. We never intended to stay temporarily and because my husband was also in the property letting business, he knew the landlord and his wife so we always felt we were in a safe place. This is also why we didn't hassle them so much but me personally I don't care. I had to take action against them.

[Deleted User]

I seem to remember that you'd made an agreement to pay the outstanding rent to the LL last week? What happened?

You don't even need to buy a kettle to boil water, I've given my children baths using pots and pans and boiling up water on the gas hob.

I understand totally that you are having a bad time getting the LL to do repairs, but you are, I am afraid, also shooting yourself in the foot and giving the LL amunition to hit you with. Renting is not fair, it should be but it isn't, if you have an iffy LL (been there), don't make it easy for them.

Consider carefully the above post, note the three posts. There are a lot of scams around. Remember these people aren't in it to work for free.