Landlord kicking up long-term tenant

Pixie5740

Smodlet wrote: »

Whilst it is horribly stressful being under threat of eviction, the eviction process (in England) is far from a shoo-in. I feel for you and for your parents but you all need to stay strong and ride this wave. It will get better.

We live next door to the (private) tenant from hell, who has not paid rent for months. The letting agent has disappeared and the LL is now expecting us (whose only crime is to have the misfortune to live next door to his appalling tenant) to help him to get her out. She, apparently, has a lawyer and a barrister lined up (entirely at tax-payers' expense) to defend her (imho) indefensible case (why she is not walking around with one of those ankle bracelets on is beyond me; she has a record as long as her leg)

It seems the LA had all the paperwork and now the poor, defenceless LL has no ammunition without our, our neighbours' and the council's help to evict her without shelling out for lawyers, which of course should be our priority: No-one would want the MD of a factory to be out of pocket for being a totally irresponsible LL, would they?

Hang in there, it is not as easy as you think to evict someone, even when the LL is not completely useless. Here's to you finding somewhere better for your parents to live very soon.

There is no defence against a correctly issued Section 21 notice and the landlord does not require a solicitor for the court hearing. If your neighbour's landlord is too incompetent to follow the due process then she has no business being a landlord.

Comms69

Smodlet wrote: »

Whilst it is horribly stressful being under threat of eviction, the eviction process (in England) is far from a shoo-in. I feel for you and for your parents but you all need to stay strong and ride this wave. It will get better.

We live next door to the (private) tenant from hell, who has not paid rent for months. The letting agent has disappeared and the LL is now expecting us (whose only crime is to have the misfortune to live next door to his appalling tenant) to help him to get her out. She, apparently, has a lawyer and a barrister lined up (entirely at tax-payers' expense) to defend her (imho) indefensible case (why she is not walking around with one of those ankle bracelets on is beyond me; she has a record as long as her leg)

It seems the LA had all the paperwork and now the poor, defenceless LL has no ammunition without our, our neighbours' and the council's help to evict her without shelling out for lawyers, which of course should be our priority: No-one would want the MD of a factory to be out of pocket for being a totally irresponsible LL, would they?

Hang in there, it is not as easy as you think to evict someone, even when the LL is not completely useless. Here's to you finding somewhere better for your parents to live very soon.

Literally not a chance that is true. She may claim it is, but legal aid isn't available for this.


- just for what it's worth, there is no defence to a s.21 notice, unless the LL has failed to carry out basic duties.

G_M

The most comprehensive way to check if a S21 Notice is valid that I've found is this. The number of questions indicates how complex the law now is.

S21 checklist (Is a S21 valid?)

Smodlet

Pixie5740 wrote: »

There is no defence against a correctly issued Section 21 notice and the landlord does not require a solicitor for the court hearing. If your neighbour's landlord is too incompetent to follow the due process then she has no business being a landlord.

Comms69 wrote: »

Literally not a chance that is true. She may claim it is, but legal aid isn't available for this.


- just for what it's worth, there is no defence to a s.21 notice, unless the LL has failed to carry out basic duties.

Thanks so much, you guys. I just knew there was something fishy about this. "Failed to carry out basic duties" should be his (not her) middle name. For a start, he does not seem to care to whom he lets (no deposit, no guarantor according to the present incumbent, for whom we bent over backwards to help when she first moved in. I've never seen anyone play the victim as well as she does) He blames the LA (who he must have appointed, right?) for everything.

He really does seem completely incompetent; he is certainly not fit to be a LL and how he remains in business is beyond me. I bet he does not even know what a section 21 is. He also allowed the place to get into the most terrible state of repair, or the LA did while the LL did nothing about it. Environmental Health had a huge list of things which needed to be done before it was let again, most of which have been done since the LA has disappeared and the LL has had to take responsibility for his own property: Dodgy boiler, inadequate heating, damp, iffy plumbing, you name it (don't ask me how I know)

We are told (by the LL and the council) that she, the tenant-from-hell, has a solicitor and a barrister. Given her track record for manipulation, it would not surprise me but I will query this with my contact at the council. Thanks again.

Cakeguts

nudda wrote: »

Hi all,

My parents are in a bit of a situation where the landlord has decided to kick them out with little notice after 15 years of being there. They had some rent-flow hiccups but rectified quickly and currently there are no arrears nor do they foresee any issues. However, because of this hiccup, the landlord for whatever reason has decided they need to go. The eviction letter was sent 2 months prior but after speaking to the landlord it was thought that was only to bring the rent flow back to normal however recently they've come to know that the eviction letter was not a threat and the landlord has for whatever reason decided to stick to it. Landlord wants parents out in the next few days but (a) they are older now so will not be able to easily move now - will take time (b) gathering 15 years of things is not easy so will take time anyway.

Do they have any options other than to leave? Really worried for them.

Thanks

If they are over 60 you might want to get them to put their names down for council sheltered housing. There isn't as much pressure on over 60s council housing as there is for council family housing.

The problem has been caused by rent arrears. Your parents for some reason or other have not been paying all the rent on time. There may not be any arrears now but there have been arrears.

People assume that all landlords are well off and can afford to manage without the odd month's rent. I am sure that some landlords can but there are others who are paying mortgages or using the rent money to pay for something else like the care for an elderly person who can't manage without the rent.

There is also the question as to why your parents think that it is alright to not pay for something that they have bought. If you did this in a shop you could get accused of shop lifting. Your parents are buying space to live in. This is exactly the same as buying a loaf of bread from a supermarket. What would the supermarket say if you left without paying? The rent is the payment for the space to live. Why do your parents think that they don't need to pay for the space to live? When they don't pay for this they are borrowing money from the landlord. The rent money belongs to the landlord if they don't pay the rent they are borrowing money from the landlord with no interest. Why should a landlord be expected to do that?

If this property is now too expensive for them it is up to them to move to somewhere that they can afford. Lots of older people do this. Lots of people who own houses downsize to somewhere cheaper when they retire.

Some of what you have written doesn't make sense. You say that there currently aren't any rent arrears and yet the landlord issued the S21 because the rent was not up to date so there must have been arrears in the last two months or so. The business about bringing the rent flow back to normal makes me think that your parents did have arrears and have had them for some time previous to the S21 being served.

The fact that they have lived there for 15 years doesn't give them the right to not pay their rent on time. Your parent's finances are nothing to do with the landlord. The health and age of your parents are also none of the landlord's business.

If an S21 has been issued that gives your parents 2 months notice that the landlord is going to seek possession of the property. They do not have to go at the end of the 2 months but they will have to go when the landlord gets possession from the court however long that takes so it would be a very good idea to start to look for somewhere that they can move to that they can afford.

They need to know that the rent is the most important bill that they have to pay and it has to be paid before they spend any money on anything else. The rent is much much more important than Christmas presents.

Cakeguts

nudda wrote: »

Already got that going but am nervous about them having to fight their case for extension in court. They arent in a position to fight anymore - old and frail describes them well right now.

They won't get an extension.

They signed a legal document to say that in exchange for a landlord making available somewhere for them to live they would pay x amount a month in rent. The landord has kept to his side of the agreement your parents haven't. The legal document, the tenancy agreement is a contract. Your parents have breached the contract by not paying the rent when it is due.

Why would you expect someone who has breached a tenancy agreement contract to be allowed to stay on when they haven't kept to their side of the agreement?

Mossfarr

The reality is that the landlord does not have to give a reason if he wants his property back. In your parents case, it may not actually be because of historic arrears, that may just have been the catalyst for him to decide he doesn't want to be a landlord any more.
The timing is unfortunate but when tenants are elderly and frail there is never a 'good' time.
I am in a similar position, I have very good long term tenants who have had arrears in the past but are now fully up to date. I actually want to sell up next year but am dreading telling my tenants as I know they will be devastated.

Smodlet

Never thought I'd be thanking a landlord but if only they were all like you, Mossfarr. And thank you for all your help and advice in the past. I thank every power that be that I am neither a tenant nor a landlord.

Having spoken to Council Lady, it seems legal aid is available if the tenant "claims" illegal eviction. I know nothing.

aneary

Smodlet can you please start a new thread your issues do not concern the OP and it’s getting confusing.

Comms69

Illegal eviction can be criminal and civil- as a tenant you aren’t entitled to legal aid in either case - surprised