Eviction/Deposit/Help!

[BadMissM]

Don't know if anyone can help on this, but....

Landlord is trying to evict us. We first found out in August, when got the paperwork for Possession Order. (We= me, my child and my flatmate).

House let through an agency. they have never authorised any work on the house, despite repeated complaints. They said Landlord would have to come and visit, he arranged 3 x and cancelled half an hour before coming. House damp, one bathroom not working at all, other working (ish but leaking) 3 rooms increasingly unusable because of damp, rest of house damp, boiler so bad costs a fortune to run and doesn't heat upstairs....list goes on, and on....

Have signalled this stuff for 3 years and they do nothing. So paying rent on a house where half unusable and the other half unpleasant and unheatable. Child has Asthma, and I have serious health problems (disability under DDA) which mean haven't worked since lost my job in early 2011.

He claims he served notice in May, but this was never received by us. Part of the rent has been paid via HB directly to them. Up until June were completely up to date on rent, but had a few disasters which have meant are now about £1000-£1500 behind (on a £600 rent), over three years. Have been into agency since then, evidently, and they never mentioned anything and took the rent given to them without question. In effect they have had 2/3 of rent since June.

Court papers also state our tenancy agreement has run out. Ran out after 6 months, and have been asking agency for new one ever since, but they said we didn't need one and never gave one.

Am in the middle of legal case which would more than pay the arrears, having to represent self in that due to lack of money. Was due to finish this week but been adjourned as judge sick...could now be months away... Hoped at least to be able to tell him when he would be paid...

Submitted stuff to court explaining why this has happened. Possession hearing end of this week. Have tried CAB but they say as I can write a letter, can't help. No law centre etc (live in small town). What's my best hope of at least delaying this to give me time to finish the other case? If I fail at other case due to being homeless, he has very little chance of recovering any money...

Any advice, anyone???

[olgaga]

Have you contacted the Shelter helpline?

england.shelter.org.uk/get_advice/private_renting

[LIZS]

If it is an assured shorthold tenancy the agent is correct in saying a new one is not required after intial 6 months. Same terms and conditions continue ti apply ie. notice periods unless it materially changes ie. rent increase.

[LIZS]

You could also contact the council housing department about the environmental issues, they should have a department for private lettings.

[sb6699]

You need to talk to shelter(link above). They are a free service and are bloody fantastic.

Lisz is right,if you have an assured shorthold tenancy then this just runs on.

[Collaborate]

If they can show that they've properly served you with notice they are entitled to posession whether or not you're up to date wuth rent. That's the assured part of assured shorthold. It assures the LL of posession at or after the end of the contractual period.

[BadMissM]

Unfortunately they did, and we've been evicted as of 6 weeks from now. The judge accepted they served notice even though we never had it (and they claimed they served 2 x copies). Mind you, woman who alleged she served it twice was from lettings agents who had lied all along....

Also turns out lettings agents have been lying a lot to landlord....billing him for work never completed etc....