How long can I fight eviction?

[choppy]

My landlord has given me a section 21 notice, only a few days after the EHO insisted that he make certain changes. I had returned a new contract but he claims he never received it.

I have been given a leave date but really I need another 2 months. As I am VERY ill, partly due to the landlord/agents conduct and can prove this, will a court grant me an extra 2 months after the tenancy ends? I have offered this to the agents and have as yet heard nothing.

[Joa]

hi choppy; check this post: http://www.consumeractiongroup.co.uk...tml#post882400

If you are ill, you may find it very stressful and detrimental to your health to use this tactic, so try to find an advocate, a supporter; professional or not.
there is no exquisitely complex law involved, but it may not be nice.
Good luck

[jessop]

What type of property do you live in Choppy? single occ., flat, HMO, etc

[Aequitas]

You do not have to leave at the end of the landlord's notice. The landlord cannot get you out without a court order. He cannot apply to the court until his notice has expired. You can expect to have something 4-5 months from the date of the landlord's notice before you have to leave.

[Nightmare4banks]

Hi all!

Choppy,in reply to your post,please answer the following question:

When did you sign the first tenancy agreement with the landlord?


The answer to this question should hopefully enable me to assist you further.

[choppy]

I live in a flat and I first signed about 3 years ago.

Many thanks all...

[Nightmare4banks]

Choppy,in reply to your posts and in my view:

1.You need to check out the validity of the notice to quit the property.
You can do this by posting the wording here or send me a PM and I will send you my e-mail address to send me a copy of the notice to give you my opinion.
Alternatively,contact the Private Tenancy Officer within your local council.This service is totally free.

2.Should the notice be invalid the landlord will have to re-issue a correct one and the 2 months will start from the date of the new notice - which will give you more time.

3.Remember as you have already been told here,you cannot be evicted without a court order(assuming the notice is valid) so chill out a bit as these things can take several months!

4.If your health has suffered you should sue the landlord for this.If you wish to do this and need help just eloborate in a bit more detail how the landlord's actions have affected your health.I should then be able to help you with a claim against your landlord.

I hope you find this information useful.

If you have any questions,just ask.

Keep us posted.

All the best!

[choppy]

Thanks for your help everyone. I am a bit more chilled about the leaving date now.

When I have everything more sortedI will elaborate in more detail re ill health. Thanks for the offers of help.

On another post I asked a question about the Information Commissioners Office. No answers as yet. If anyone can find it (started by me) and if anyone has any ideas I would be grateful.

Anyway thanks again. I should post more details within a fortnight.

One more thing. Is it relatively easier to sue a landlord when you are in the house as opposed to once having left it. Someone at the council told me that this was highly relevant in practice. Perhaps I should get moving...

[choppy]

testing....

[choppy]

Sorry about that. I have appointments with the housing officer and the CAB pending. Unfortunately I have a learning disability that
1) makes concerted effort and consistency difficult
2) allows me to hyperfocus on certain things that interst me. I have learnt a lot about the theory of housing law recently.

My current problem is Rats. Agent refused to act in January and, eventually I got EHO to force action. EHO 'baited' and ordered agent to repair damage (done by them in EHO and my opinion). They stalled over this but claimed I was stalling (they consistently make pathetic lies when challenged over anything... I can hopefully demonstrate this). However I believe my emails support my story.

I have become increasing ill due to stress of rats and other things they have done (trespass/burglary...C.I.D. are dragging there feet with getting involved but I will MAKE THEM get involved. I have new medication now!)

I stated that they could enter any time 9-5 to do the work if they gave advance warning and were a bit flexible. Initially they made a fuss and I discovered that the man (it is a husband and wife team) work full time elsewhere. He always wanted evening visits. Now they dictate one hour slots whereas I have asked for slightly more flexibility over this.

Recently I said that they cannot enter without my permission and this involves liaiseing with me. They informed me that they were doing overdue repairs whether I liked it or not at a certain time. If I was not in then bad luck. As I suspect them of (trespass/burglary/fraud etc.)I find this very distressing and told them so but also, to be reasonable, said I would allow it. I believe this is harassment and that a judge in the civil court will also sympathis with me when I sue them. Is this so. I threatened to change the locks and charge them if they didn't give satisfactory answers over their inconsistent stories. I made a point of saying they would be issued with new keys. They said if I do this they will commence immediate proceedings for eviction. Will this work for them? Seems more like bullying to me!

LOADS more to impart but this is a start. They are terrible greedy 'affluenzacs'. Bane of the small minded western world. I 'wound up' their solicitor on the phone for fun. Let me know if you want the details!

I am so moved that people are willing to help me. I was a Samaritan for a year so perhaps I am collecting some Karma! Thanks again all. Any advice greatfully appreciated!

[MrShed]

Couple of points/questions:

- When you have stated to them that they cannot enter without your permission etc, did you do this in writing? Same with saying they could do work between 9-5.
- Have you kept a log of all incidents?
- If you change the locks, you have no obligation to give them new keys.
- With regards rats, unfortunately(and wrongly to an extent in my opinion) vermin and pests in rented properties are the responsibility of the tenant, not the landlord. You say they were forced to repair the damage. What damage? And what about this damage caused the rats?

[choppy]

Everything regarding access was dealt with via email. Other stuff too...

I have made quite a good log. Details dates and correspondence. Also I have logged a complaint with the Information Commissioners Office regarding their atrocious conduct over my dataSAR request.

In contract it says new locks mean new keys for landlord. I offered this but they are not having any of it. They threaten immediate eviction. this seems like harassment....?

Landlord tried to escape responsibility for rats. Environmental health dealt with it and ordered them to undertake repairs/proofing. They never did it but claimed to EHO that I refused access. This is not true and can be backed up by email. Furthermore, the agent has a full time job and so is very difficult over visiting times. I have offered almost any time between 9-5 weekdays, if given reasonable notice and a few options (i.e. choices of visit time). They continue to dictate a single time.

After cancelling my plans, so as to accomodate the agent doing repairs immediately after the private vermin controller came (second vermin problem!) this morning, he cancelled, even though I had said in a previous email that his behaviour was outrageous but I would still allow him to do the work. His reason was that I appeared to doubt his handyman ability...which is true. But I still said it was ok.

Phew...

Loads more but you all have lives too. Again, many thanks!

P.s. We are currently withholding 50% of the rent until our 'quiet enjoyment' of the property is restored. I have made clear that this will be to cover damages and expenses for us. This is the first month we have withheld and we will be here for a maximum of 3 more. we have had really bad damp for 3 years and written letters to them about this. Forced to run a dehumidifyer almost constantly. clother ruined etc. For that reason and the trauma over the rats and burglary I believe that this is a fair rent withholding. Furthermore, I have offered to pay any withheld rent immediately, once our quiet enjoyment is restored and stated that this will require these 3 issues be adequately addressed.

phew again.....

Any ideas. I am still worried about eviction and CID are dragging their feet. Also medical problem doesn't help.

Many thanks

[Nightmare4banks]

Hi all!

Choppy,I would just like to add afte reading your posts:

You should NEVER suspend/reduce rent payments a you can only make your problems bigger.

[choppy]

I take your point nightmare4, but whilst witholding rent arbitrarily is unlawful, witholding to offset damages etc. seems to be allowed.

Any help with the earlier points. Also, what are the chances of a technically incorrect Section 21 (expiring on rent payment dates and not when periodic tenancy renews) being thrown out by a judge?

Hope someone can enlighten me regarding these and the above matters. CAB cannot see me for ages.

[Aequitas]

Originally Posted by choppy

but whilst witholding rent arbitrarily is unlawful, witholding to offset damages etc. seems to be allowed.

The law is very unclear about the circumstances in which it is legitimate to withhold rent.

[MrShed]

Choppy:

If noticed, the chances of a technically incorrect S21 being thrown out is 100% IMO. There should be no leeway in this by the courts.

[MrShed]

Originally Posted by Aequitas

The law is very unclear about the circumstances in which it is legitimate to withhold rent.

There is a common law right to "offset" damages by using money owed back. Whether it is explicitly stated in housing law or not, it still applies.