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Revenge eviction

We have been given notice today - section 21. As Environmental health have been involved, because of the damp and black mould, that is now solved. The landlord was forced to rectify. So now the agent has given us notice. This is revenge eviction. We have lived here for 16 yrs, the landlord just would not sort out the damp and mould, and it was the agent that told us to go to Environmental Health. What do we do?
«134567

Comments

  • always_sunny
    always_sunny Posts: 8,314 Forumite
    pack and find another place?
    I suppose even if it goes to courts and the lot, it may delay the date by when you need to vacate the property but eventually it will happen. What's the outcome you wish to have?
    EU expat working in London
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Have you renewed tenancy since October 2015?
  • Tipsntreats
    Tipsntreats Posts: 8,612 Forumite
    Debt-free and Proud!
    Not to be put with an agent in the first place. The agent took us on in March this year. No problems before he took control.
    Actually, I'm not sure if it is valid. I thought we couldn't be served notice for six months after an improvement notice. Need to get legal advice.
  • marksoton
    marksoton Posts: 17,516 Forumite
    Not to be put with an agent in the first place. The agent took us on in March this year. No problems before he took control.
    Actually, I'm not sure if it is valid. I thought we couldn't be served notice for six months after an improvement notice. Need to get legal advice.

    The agent hasn't caused the mould though....
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 6 October 2016 at 12:18PM
    33Preventing retaliatory eviction

    (1)Where a relevant notice is served in relation to a dwelling-house in England, a section 21 notice may not be given in relation to an assured shorthold tenancy of the dwelling-house—

    (a)within six months beginning with the day of service of the relevant notice, or

    (b)where the operation of the relevant notice has been suspended, within six months beginning with the day on which the suspension ends.
    http://www.legislation.gov.uk/ukpga/2015/20/crossheading/housing-and-development/enacted

    Applies to tenancies created on or after 1/10/15.

    Not before.

    So to repeat guest101:
    Have you renewed tenancy since October 2015?
  • Guest101
    Guest101 Posts: 15,764 Forumite
    Not to be put with an agent in the first place. The agent took us on in March this year. No problems before he took control.
    Actually, I'm not sure if it is valid. I thought we couldn't be served notice for six months after an improvement notice. Need to get legal advice.



    When did you renew your tenancy?
  • Smodlet
    Smodlet Posts: 6,976 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Six months from March is September; when was the notice served?
  • Tipsntreats
    Tipsntreats Posts: 8,612 Forumite
    Debt-free and Proud!
    The tenancy was meant to be renewed on September the 5th, it wasn't. This has never happened before the agent became involved. I am still questioning the improvement order. I thought that section 21 could not be served for six months.
  • always_sunny
    always_sunny Posts: 8,314 Forumite
    Smodlet wrote: »
    Six months from March is September; when was the notice served?
    on Oct 6:
    We have been given notice today - section 21.

    After living somewhere for 16 years moving or getting S21 would be an immense shock but as difficult it may be the only possibility of staying would be for the LL to reverse his/her decision.

    LL doesn't have to give you a reason, they own the property. Even if they served S21 at the wrong date, you will, eventually still have to move cause as a tenant [sadly in the UK] you have very little assurance of tenure. And if you want references to rent another property it's in your best interest to make a smooth transition.
    EU expat working in London
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