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I am trying to help some friends who have been issued with an eviction Court summons for non payment of rent. This is not due to be heard at Court until April.

I will try to describe the circumstances leading up to this situation. In December the flushing handle (which was made of plastic) of the toilet broke, normally it is a very small job which most people can repair, but not in this case as the cistern had been covered and tiled over with no access to the cistern.

To cut a long story short it was a job for the Landlord to sort out. After many phone calls emails and texts the Landlord responded to the request to sort out the problem,a month later (without a toilet!)

I must point out that this was only after rent was witheld, and this witholding of rent was the only factor in bringing the Landlord to life.

There is another major fault with the flat which had already been pointed out previously to the Landlord and that was the front door does not lock properly ie it will open with a push and not lock making it impossible to go out not worring about burglars.

A repair was scheduled and it was agreed verbally that no further rent would be paid until this fault was rectified.

Even now at his late stage this repair has not yet been delt with.

Does this give grounds for wrongful eviction, the lease is not due to expire until August. What if anything can I do?

There is another point, my friend agreed to be a guarantor for the rent but he only signed on a piece of paper with no other signatures as a witness, is this valid?

Also it is worded an I quote-TO WHOM IT MAY CONCERN I AGREE TO BE A GARUNTEUR FOR ETC. - is this valid?

A letter from the Landlord was received on the 2 March 2008 giving ham 7 days notice to pay the rent arrears but a Court Summons was issued in the Court on the 4th March only 2 days later.

Again is this legally binding?

Any advise is welcome


If You are on benefits you must read this

 

Social Security Administration Act 1992

Miscellaneous

Certain benefit to be inalienable **

 

187- Subject to the provisions of this Act, every assignment of, or charge on-

(a)benefit as defined in section 122 of the Contributions and Benefits Act;

(b)any income-related benefit; or

©child benefit,

and every agreement to assign or charge such benefit shall be void; and, on the bankruptcy of the beneficiary, such benefit shall not pass to any trustee or other person acting on behalf of his creditors

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There is a sticky thread by Joa called:

 

Disrepairs in privately rented accommodation

 

I think the relevant paragraph is:

 

 

If negotiation fails, you could take one or more of the following courses of action:-

• use the rent to pay for repairs. Remember that this is a risky course of action, unless the correct procedure is carefully followed. You must not simply withhold rent

• take court action yourself

• get the local authority to take action

• if you are the tenant of a local authority or of a registered social landlord, claim compensation under the 'right to repair' scheme

• contact an ombudsman

• if the problem relates to electricity, gas or fire safety, contact the appropriate body

• consider eligibility for a housing grant, loan or other type of assistance for repairs or improvements.

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