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Advice wanted for friend who is on the verge on being evicted

(18 Posts)
Jedimastermama Thu 24-May-18 12:31:54

My friend is going to be evicted by the Landlord. However, there has been unprofessional behaviour from the Letting Agents and Landlord all along. The flat is in an awful state, she has raised this with the Landlord numerous times over the years about the damp, peeling paint, leaks, inadequate flooring. Nothing as been done until a few weeks ago the Landlord got some workmen in to do minimal jobs. My friend reduced rent payments saying she will pay full payments once all the work has been done.
The bedroom carpet is soaking wet and has been for ages, when the Management Agent came to inspect she said this was not damp and could not see any issues. On one occasion she turned up unannounced with her two small children with her.

I’ve told my friend to complain further, and she has to the local council but the landlord will not give permission for them to see property.
She’s contacted her local MP, what else can she do. Her guarantor isn’t going to help.

kikashi Thu 24-May-18 12:42:42

Has she actually been served an eviction notice? Surely the LL cannot forbid the local council from inspecting the property - your friend is the tenant and can invite in who she likes. She could contact Shelter for advice (especially with regard to with holding rent until repairs have taken place). Does your friend want to remain in the property? Is she on any waiting lists for HA's or council housing?

specialsubject Thu 24-May-18 13:24:54

she needs to read the how to rent guide she wasnt given.

i presume this dump is cheap, hence the staying for years.

forget the mp, do the research and look to move.

Els1e Thu 24-May-18 13:44:13

I would go to see the local authority housing office to let them know she is being evicted and find out if they can offer her accommodation. I thought local authority had the right to inspect rental properties. Might be worth contacting citizens advice.

NotDavidTennant Thu 24-May-18 13:49:56

Is she being evicted due to non-payment of rent?

Jedimastermama Sat 26-May-18 09:28:56

No Notice served yet. But has been informed this will be route taken.

She’s gone through a difficult time, living in that flat as rent is reasonable (not cheap) and she’s getting her life back together.
The Landlord had a responsibility to do repairs when reported, he hasn’t. She then only starting paying half the rent, Landlord accepted this as it’s been few months. Now threatening eviction.

She received some feedback from local councillor, which is encouraging.

greendale17 Sat 26-May-18 09:30:33

Is her deposit held in one of the deposit schemes? If not, she can sting him good for that.

LIZS Sat 26-May-18 09:39:09

Withholding rent was ill advised, she could be given notice for arrears. Shelter may be able to advocate for her regarding repairs.

specialsubject Sat 26-May-18 10:07:49

so it isnt even cheap. she needs to report disrepair.

and move.

Jedimastermama Sat 26-May-18 20:15:40

Managing Agent has asked her if she’s around next week as they want to get in to lay new carpets etc.... she thought they were finally doing the work that needs doing, but oh no, she found out later on that they are still evicting her but they just want to get in. She is distressed but has no more fight left in her. She is getting out and going to stay with family.
I find it I believe how this Landlord is behaving. It’s all very shoddy. Her deposit is in one of those schemes.
She quite rightly reported the repairs that needed doing. She raised issues with the damp. Her belongings have been ruined (clothes, shoes). The flat stinks, the sofa stinks, if you visit when you leave you smell of the flat.
She honestly thought they would get on with the jobs in hand.
When she paid the first reduced payment the landlord didn’t say anything or the following month.
She feels it’s becuase she has raised issues, she informed the Agents she will be contacting local council and other agencies, it’s then they said they are starting eviction proceedings.

I just don’t know what else to say to her. I feel more angry on her behalf. But I’m glad she moving in with family for a bit.

Jedimastermama Sat 26-May-18 20:17:04

Please excuse if some of the above doesn’t make sense I’m typing very fast, my brain and fingers are going at different speeds tonight. It’s been a long day

specialsubject Sun 27-May-18 10:02:56

this is indeed a revenge eviction. she can fight but the place is a dump run by a crook so why bother?

abbsisspartacus Sun 27-May-18 10:08:17

Unfortunately by refusing to pay full rent she has broke her lease

CosmicCanary Sun 27-May-18 10:13:01

I had a similar problem with a client I supported with housing. We complained to the enviromental health. It made a difference as they investigated the LL.

My client was still evicted but we were able to produce his section 21 at the council and due to the new homeless reduction act he was given the highest priority and rehoused before the eviction date.

The LL had to complete all the repairs as set out by the enviromental health or face a big fine. They monitored his property until he gave up and sold it for a lot less than it was worth due to the state it was in.

AJPTaylor Sun 27-May-18 10:25:17

Presumably if LL does the work they will be able to rent it out for a lot more?
It is a horrible situation for your friend.

Nightfall1 Mon 28-May-18 10:17:22

LL needs to go through the correct legal process to evict. Your friend.
LL has to serve s8 or s21 notice to start the process.

If your friend wants to leave before LL has done that then she will need to give correct notice to quit to LL to stop any further liability for rent.

It is never advised to withhold rent as this leaves tenants vulnerable to eviction but what's done is done. Friend can claim compensation through the court for damages to belongings if LL doesn't agree to compensate.

Disrepair is a separate issue. The council do have the power to inspect the property so not sure LL not letting them in should be an issue. It is your friend who has exclusive possession of the property so is up to them to agree a convenient time with council not the LL.

Council can order the LL to carry out repairs.
If no order is served by council then this not deemed an illegal eviction. If council have served a notice to LL to carry out repairs then LL cannot evict for at least 6 months.
You can find all the info on this through Shelter Website.

Sunnyshores Tue 29-May-18 16:25:23

To evict her will take ll several months, during which time she can invite Environmental Health in to inspect (and force repairs) and she can refuse ll permission to enter and do any works.

However, it seems pointless to go through all this hassle if she has somewhere else she can happily go. Im not saying its right or fair, but for her peace of mind

Make sure she takes loads of photos when she leaves and keeps all copies of corrspondence with ll and agent incase of a deposit dispute.

Action4Eviction Tue 07-Aug-18 16:22:02

Message deleted by MNHQ. Here's a link to our Talk Guidelines.

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