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    • Hello Friends. I cannot believe it but im being evicted again, i was given a section 48 notice 4 months into my tenancy. I already went through this process last year, i overstayed in my last place by a few months and left on 6th Oct 2023. I knew to check all the documentation that they sent to see if the notice is legal, it looks like it is. I took this place out of desperation as i had to vacate that last place. I hate this place so im not bothered about leaving it.    These cowboys lied to me when i viewed the house. I told the agent that i was evicted from my last house and naturally i dont want this to happen again. She said  the landlord has no plans to sell the house. What she did not tell me was that the landlord had tried to sell the house last year and failed. So it looks like they have used me to fill in the short period of time until its time to sell again. I did see it advertised online.   I told them im not in a strong enough financial position to find another property, cost of a deposit, 1 months rent and moving costs.   They have told me they are starting legal proceedings. They have sent me an invoice for £395 but i have not even received the court paperwork.    I dont like the job im in so i have decided to relocate to a better job and hopefully find cheaper rentals.   I can post a copy of the notice if needed.  
    • yes a judgement sorry I used the wrong word before
    • Hi So on Friday I received a copy on email from the claimants solicitors with an attached relief from sanctions application - on the basis that the solicitor missed the deadline for the additional directions and it was an oversight on their part and that the claimant should therefore not suffer.   They then attached a copy of the deed of assignment and a new witness statement.  They stated that they would be happy to delay the court date by 28 days but that they believed both parties were ready for the court case on 7th June. My first question, is there anything I need to do or do I just sit and wait to see what is decided?  Secondly, is it likely the judge will be aware that the claimants solicitors did exactly the same in the set aside court case (ie they filed their court bundle late and applied for relief from sanctions on the morning of the court date, and my solicitors had no choice but to agree because they threatened to strike my case out because my solicitors had only filed their court bundle by email and not post).  This is a clear pattern of how these solicitors work rather than it being a one off oversight! 
    • I shall find the link later this evening. It was about couples not living together but being liable for council tax. I was never married or in an official civil partnership. We lived together for 18 months, I then left for 6 months for work but continued to pay my half of the bills and rent.   We then split up I gave up my tenancy she took it all in her name. She then decided to move in with me 5 months later. She then banned me from going back to my house eventually let me back in then called the police. Took over my house and is now only paying the rent not the bills so I will be landed with those to. So over the course of our relationship I have ended up paying her debts for 5 different addresses, personal loans and credit cards. If I refuse to pay them she makes more accusations.
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boiler safety check


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Hello,

 

Yesterday I had a safety check on the boiler in the flat that I rent. Unfortunately it was found to be unsafe so it has been switched off until the engineer can find the appropriate part to fix it.

 

A Scottish friend of mine said that the law up there states that landlords must do these checks before a new tenancy commences, does anybody here know if this is also the case in England? We have been in our flat 6 weeks and have had to battle to get the check done at all so would be interested to know if this is the case here.

 

Thanks for any help!

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Yes and no. There isnt legislation to have one done prior to the beginning of a tenancy per se, but there must be one always in place, and renewed each year.

7 years in retail customer service

 

Expertise in letting and rental law for 6 years

 

By trade - I'm an IT engineer working in the housing sector.

 

Please note that any posts made by myself are for information only and should not and must not be taken as correct or factual. If in doubt, consult with a solicitor or other person of equal legal standing.

 

Please click the star if I have helped!!

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The law does state, however, that the landlord must provide the new tenant with a copy of the gas safety certificate for the property within 28 days of the tenancy commencing, so your landlord has been a bit naughty, not to mention potentially putting your life at risk....

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Read this thread: http://www.consumeractiongroup.co.uk/forum/tenants/74057-disrepairs-privately-rented-accommodation.html

 

 

Under Section 11 of the Landlord and Tenant Act 1985, which applies to Assured Shorthold Tenancies and Assured Tenancies, the following repairs are the landlord’s responsibility :

 

• To keep in repair the structure and exterior of the dwelling, including drains, gutters and external pipes;

 

• To keep in repair and proper working order the installations in the dwelling for the supply of water, gas, electricity and sanitation (including basins, sinks, baths, and sanitary conveniences); and

 

• To keep in repair and proper working order the installations in the dwelling for space heating and heating water.

 

Whether or not the tenancy agreement addresses those matters, section 11 of the Landlord and Tenant Act 1985 imposes those obligations on the landlord. If the tenancy agreement requires the tenant to undertake any of those obligations, that provision of the agreement is void.

 

 

Disrepair falling within section 11 must be put right by the landlord within a reasonable time.

 

The rent would probably abate (i.e. would not be payable in respect of the period that the disrepair existed) if the property was not fit for habitation, as to which a written determination by the Council's Environmental Health department would be required.

 

If the repair is carried out within a reasonable time there is no breach of contract, in which case this is not a right to "damages" (i.e. compensation). Therefore no consequential loss could be recovered. But the rent for the time of the disrepair would not be due.

 

 

If there is no gas safety certificate, you might have a Corgi-registered engineer test the system, and deduct the cost from the rent.

 

If there is disrepair, carry out yourself the repairs which the landlord is liable to carry out, if the landlord fails to do so within 21 days of being given written notification by you to do so, and deduct the cost from the rent.

 

 

How long is reasonable?

 

In one case a judge decided that a week would be a reasonable time for a landford to repair a central heating boiler.

 

He based his decision on what an owner-occupier can expect with regard to fixing his own boiler, presuming that a contractor may not be available straight away, that someone has to be indoors to let the contractor in, and that the contractor may have to order the necessary spare parts.

 

The judge said that a shorter time than 7 days would not be reasonable, only "desirable", and that the landlord could not be expected to perform better than he would for his own home.

 

 

 

Advice & opinions on this forum are offered informally, without any assumption of liability. Use your own judgment. Seek advice of a qualified and insured professional if you have any doubts.

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Thanks for your response. The replies I've had on this site has been really useful, and it's nice to feel there are people on my side after so much battling with the landlord and the letting agents, none of whom want to take responsibility.

 

We've finally had another engineer out today - he looked at the boiler about a month ago and told the landlord that it wasn't in a good enough state to give a safety certificate to. The landlord did nothing (which is why the letting agents then sent out the engineer who then switched the boiler off earlier this week). This means that the landlord has been aware that we've been living in this flat with a dodgy boiler all this time which I am gobsmacked about.

 

Fingers crossed we'll have hot water again soon!

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this means that your landlord has broken the law. If there was no safety certicate in place, then it should never of been let. CORGI would go nuts. Trust me, I am registered with them..

If this post has helped you, please hit the scales under my name. Thanks!!!!

 

"I would dig a thousend holes, to lay next to you. I would dig a thousend more, if I needed to"

 

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