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Revenge Eviction HELP?

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96 views 2 replies latest reply: 12 August 2017
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Tenant

I moved in to property in May 2016, complained almost immediately regarding disrepairs, leaking roof, mould on walls, we have had over 40 contractors in property ‘fixing/repairing’ stuff. In Jan following a serious chimney fire caused by a large hole in the back of the rayburn, I contacted the council. A Housing Inspector came out and wrote a report which started “I was astounded by the disrepair ……..” and told the landlord/agents that repairs were to be done in the next 2 months or he would serve Notice of improvment for which he would be charged for. However, in this time, (2 months given) I was served a section 21 and my landlord says i cant use the retaliatory eviction argument as no official notices were served. If this is the case, then surely there is a loop hole in the law, allowing landlords to serve S21 hiding behind the fact no official notice has been served? We are in court on Wed 19th, I have to defend myself as unable to afford legal assistance despite working full time, and I am terrified I am going to be out on the streets with my 2 childen and 3 pets. Can anyone offer any positive advise on my situation?  kindest regards Susie

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Tenant

Hello, 

If you provide enough proof of all the damage AND 

Proof of all your communication and repair requests AND 

Proof of the report issued by the council’s officer AND 

Proof of that final bit of communication with the landlord stating “landlord says i cant use the retaliatory eviction argument as no official notices were served”

I’d say you have a pretty good shot at court. 

Retaliatory eviction rules are very vague and open to all kinds of interpretation, but if you can prove the above to the court, I think you’re looking at good chances. 

Also check this – https://www.lawworks.org.uk/

http://www.thetenantsvoice.co.uk/your_home/tenant-resources/

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Tenant

I moved in to property in May 2016, complained almost immediately regarding disrepairs, leaking roof, mould on walls, we have had over 40 contractors in property ‘fixing/repairing’ stuff. In Jan following a serious chimney fire caused by a large hole in the back of the rayburn, I contacted the council. A Housing Inspector came out and wrote a report which started “I was astounded by the disrepair ……..” and told the landlord/agents that repairs were to be done in the next 2 months or he would serve Notice of improvment for which he would be charged for. However, in this time, (2 months given) I was served a section 21 and my landlord says i cant use the retaliatory eviction argument as no official notices were served. If this is the case, then surely there is a loop hole in the law, allowing landlords to serve S21 hiding behind the fact no official notice has been served? We are in court on Wed 19th, I have to defend myself as unable to afford legal assistance despite working full time, and I am terrified I am going to be out on the streets with my 2 childen and 3 pets. Can anyone offer any positive advise on my situation?  kindest regards Susie

– Susie Charnock

 

When we got to court me and landlord solicitor (no landlord) the judge ordered that landlord was to amend his section 21 notice as it was filed on the wrong form and advised me to make a counterclaim for the outstanding rent against the repairs. The landlord failed to submit his amended sec 21 notice and now I am in a worse predicament than before as now I feel trapped here! The council will not offer me accomodation as I am not homeless and the housing officer came out to look at the disrepair and even though it has now been 8 months since landlord was given 2 months to repair roof etc the council are still not issuing improvment notice! The council state they want to work with the landlord to find an amicable remedy, but it has been 3 weeks since he visited and advised the work needed doing but I have still heard nothing regarding getting the repairs done. I am at my wits end. The roof is so dangerous with tiles slipping down they are only being held by the plastic guttering and sure one day they will all come falling down. I was thinking of going to the newspaper to see if they could apply any pressure as it is a health and safety issue the council are ignoring.

 

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