Marc Gander - The Consumer Survival Handbook


A 220 page introduction to all things consumer related by our own BankFodder.

Includes energy companies, mobile phone providers, retailers, banks, insurance companies,debt collection agencies, reclaim companies, secondhand car sellers, cowboy garages, cowboy builders and all the rest who put their own profits before you.

£6.99



Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)


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  1. #1
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    Default Retaliatory Eviction

    I'm currently living in a flat that I have occupied on the same level of rent for 14 years.

    The building my flat is in has been recently sold, with that information and a new Gas safety certificate being passed to me by the Letting Agent.
    The Letting agency confirmed by email that the building had new owners and that the new owners would like to offer me a new tenancy at a higher rent rate, some 75 dearer. Which is unaffordable and massively greater than the current rate of rent of 2 bedroom flats and houses in my area.

    There are currently 4 repairs that require doing to the building and flat, namely the front door is insecure, the fire alarm system has no power, one of the radiators leaks in my box room amd the boiler has a persistent and intermittent leak that hasn't been traced yet after 3 attempts.

    My previous landlords were aware of all these repairs, which I had reminded them of before leaving to work away from home in July.
    I have no evidence that the new landlord is aware of these and I have grounds to suspect the Landlords have been less than honest with the Letting Agency.

    Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as ground to evict.

    My feeling is that I am being evicted in response because I have made clear that I find the unofficially suggested new rent excessive.

    Thoughts ?


  2. #2
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    Default Re: Retaliatory Eviction

    Hi, Not really my area but I have seen on twitter where councils have taken landlords to court over the safety of the buildings and I think there is one where an unlawful eviction was challenged. I will have a look and see if I can find some cases.

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  3. #3
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    Default Re: Retaliatory Eviction

    You've had no rent increases In 14 years!! Your lucky.
    Unfortunately if your in arrears they can give you a section 5, even if your not they can give you a section 21 notice to quit.


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    Default Re: Retaliatory Eviction

    This site has a few cases listed



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  5. #5
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    Default Re: Retaliatory Eviction

    Why do you think this is a retaliatory eviction? New LL has not served Notice but may offer you a new AST at increased rent, which you can decline. He can increase rent anyway via s13.


  6. #6
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    Default Re: Retaliatory Eviction

    Quote Originally Posted by mariner51 View Post
    Why do you think this is a retaliatory eviction? New LL has not served Notice but may offer you a new AST at increased rent, which you can decline. He can increase rent anyway via s13.
    *Cough* "Anyway. My response to this email was that I would await a formal notice but believed that the new rent was excessive. The response was a hand delivered Section 21.4(a) with a letter attached citing rent arrears as grounds to evict."

    He has....


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    Default Re: Retaliatory Eviction

    you dont say what sort of tenancy you have and whether the arrears are due to to increased rent due or something else. If there are no arrears then they wont get the court to agree the eviction


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    Default Re: Retaliatory Eviction

    The arrears (or lack of them) are probably a bit of a red herring - the Op has been given a section 21 notice (I'm assuming that the property is let under an AST.)


  9. #9
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    Default Re: Retaliatory Eviction

    Sorry. Periodic Rolling Tenancy.

    It gets better thro. I live in an area that my local council has designated as a Selective Landlord Licensing area. This was set up in 2015 and runs for 5 years. The criteria for this area is that it is an area of low housing demand, according to the council's own blurb. A query to the council revealed that only 1 flat has a licence for that flat only, and it's not my flat, and no one has applied for a licence at all for the whole building.


  10. #10
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    Default Re: Retaliatory Eviction

    How was rent increase notified and when?
    if s13, T could have applied to FTT for new rent for 12 month.
    When did LL Registration become Obligatory?


  11. #11
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    Default Re: Retaliatory Eviction

    Quote Originally Posted by mariner51 View Post
    How was rent increase notified and when?
    if s13, T could have applied to FTT for new rent for 12 month.
    When did LL Registration become Obligatory?

    No formal rent increase was ever made, it was just suggested in an email from the Letting Agent.

    My local council used the powers provided by the Government in 2015 and declared 4 areas as selective licencing, including mine. So far my reading of this is that a Section 21 notice can not be served if a property is not licensed and doesn't fall into one of the exemption categories. My flat has no licence as of the 3rd October after checking with my local council.



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