Eviction Complications / Legalities - Repair Dodging LL !

[Gigabyter]

Hold onto your hats, this gets quite confusing! ...

 

I have received a section 21 from a rogue London Landlord after complaining to the council for serious disrepair.

 

I signed a tenancy agreement back in 2010 and the Landlord was a different company, but we paid our rent to a letting agent who managed the property.

 

The company I now refer to as my landlord has been in charge of the maintenance of the property since 2011, yet the Agent still collects my rent payments.

 

We have just last 2 weeks received a section 48 - which i have not signed receipt of...

 

The landlords name is a new person I have never had any dealings with, and the "landlord" I have been dealing with for 4 years is now refereed to as an Agent.

 

My agent (also pretty crooked) has told me that they are no longer my agent, but will not provide any proper notice or information on when this has stopped. They just ignore my emails.

 

I have always paid my rent to the Agent, but neither the Landlord nor Agent will provide me details of where I can pay the rent to from now for the remainder of our 2 months notice period.

 

It is clear there is some pretty dodgy stuff going on just to get us out due to our complaint to the council who inspected this week.

 

I have never missed a rent payment in 5 years. Them not wanting me to make the remainding payments makes me think they just want rid and will have stronger case if i miss these last two payments?

 

I am thinking of a counterclaim.

 

Anyone any ideas or cases or examples of who I should be talking to here please?

 

 

Thanks alot!

[raydetinu]

you cant resist a section 21 notice, however that is just a notice of repossession and will have to go to court to actually evict you.

The government is looking at ways to resist LL giving notice after complaints, but at the mo nothing you can do.

 

 

as you have the section 48 which gives the contact details of the new LL, suggest you contact them and ask about who to pay the rent to.

check that any agent has the new LL authority to act for them.

[Steve__M]

Have you paid a deposit, and if so, is it protected.

 

Sadly the following new rules about "revenge evictions" do not apply for tenancies started or renewed before 1st October 2015.

 

http://england.shelter.org.uk/get_advice/repairs_and_bad_conditions/repairs_in_private_lets/risk_of_eviction

[Gigabyter]

thanks for very much!

 

regarding..

 

you cant resist a section 21 notice, however that is just a notice of repossession and will have to go to court to actually evict you.

The government is looking at ways to resist LL giving notice after complaints, but at the mo nothing you can do.

 

are you referring to? (cant post links yet!) .. Google revenge eviction for disrepair shelter dot org

 

Or... ashfords dot co dot uk Section 21, Disrepair and the Deregulation Act

 

edit.. thanks Steve above for the link!

[Gigabyter]

Have you paid a deposit, and if so, is it protected.

 

Sadly the following new rules about "revenge evictions" do not apply for tenancies started or renewed before 1st October 2015.

 

 

 

 

 

I think maybe I have a case for this revenge evictions as my tenancy is periodic, therefore potentially falling into the post Oct 2015 requirement. Would you say?!

 

yes the deposit is protected with original letting agents thanks. i have checked the website for this today.

Edited December 11, 2015 by Gigabyter

[Gigabyter]

Have you paid a deposit, and if so, is it protected.

 

Sadly the following new rules about "revenge evictions" do not apply for tenancies started or renewed before 1st October 2015.

 

i checked with shelter last night on the phone and they said that yes the peridoic tenancy would not make a difference. tenancy needs to be after oct 2015. Also seems like quite a useless rule as LL can issue sec 21 6 months later!

[mariner51]

Why do you see this as a 'revenge eviction' by new LL?

You have lived there for 4 years on 12 month ASTs (no mention of rent increases). Maybe prev LL let repair standards slip. Did you fulfill your AST obligations and 'act in a T-like manner' and make 'minor' repairs as required? You still have opportunity to contact EHO/TRO etc. Perhaps new LL recognises property needs major refurbishment and requires vacant possession. Option is s21 now and no offer of new AST. In similar way you can deprive your Bank of income by you switching Current Account to receive £100+ for switching or to obtain a better interest rate.

[Gigabyter]

hey thanks for the reply.

 

Why do you see this as a 'revenge eviction' by new LL?

.

 

The issue has been going on a long time. the most serious issue has been like that way for 3 years. I have emails politely asking it about for a long time. Only 9 months ago when sewage came up did i start to enquire further. Their attitude towards fixing it has been non existent.

 

It is exterior damage from blocked sewage which is getting into the walls and is coming up through the drains running into the property. It has completely ruined the neighbours house who are currently spending thousands to repair their property. The last time this happened was 9 months ago. They have still not even bothered to replace the carpets or fix the flooring that was completely ruined by the sewage leak. The majority of the flat is now completely exposed concrete for a floor. It is a basmement flat.

 

On Monday the council issued the notice that they were coming to inspect to property, and by Thursday I had received a Section 21. Maybe its not a revenge eviction. But considering I have paid rent on time for 4 years you would have thought no other reason to want me out.

 

I dont expect they will be fixing it at all. They know there are enough desperate sods to take the place.

 

The other properties that they own here are in a dreadful state. There are court records of convictions against them all over the internet.

Edited December 12, 2015 by Gigabyter

[Gigabyter]

You still have opportunity to contact EHO/TRO etc. .

 

What is EHO and TRO please?

 

thanks alot