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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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Original poster

Being evicted.

64 replies

Rumpmum21 · 01/09/2023 04:36

Long post but not trying to DF.

So, it's messy, but.....

My husband rented our house, before we got together, from a friend of his mums. More than 10 years later, married, 2 kids and a LOT of issues, we have been served an eviction notice.

What led to it and my reason for asking who-IBU is that her and I have never really understood each other or connected and she has not kept up to date with the legalities of renting property.

The first problem we really had was the completely open stairs (no banister etc). We had no problem until I fell pregnant and it became a major hazard. She took 3 years to have a banister installed, in which time we had approached her numerous times and offered up different solutions to get it done. Eventually we bought timber and plasterboard to put up ourselves (no cost to her and minimal damage to the property that would have been easily repaired and we would have done upon leaving if needed) but that wasn't good enough so she refused to let us install it and the supplies have sat behind our sofa since.

We have asked for but never had, new flooring and so did it ourselves, along with decorating and repairs as much as possible. We can't touch anything gas but even plumbing issues have, for the most part, been sorted by my husbands plumber brother at no cost to the landlady.

Our bathroom needed replacing due to age, leaks and black mould. I offered to go halves or simply source everything needed and have fitted by BIL (again at no cost to her). AGAIN, she would not allow this. She wouldn't even take seriously the thick black mould growing under the window (boxed in but broken) despite us now having a 3 year old and a newborn (it was first reported to her before I fell pregnant with our first son)

The last straw, for me, was the boiler breaking (for the 100th time!). At the same tim, a very large mushroom was growing by the toilet from the black mould and she had decided that she could no longer manage the property (as well as the others she lets) and had handed over to a letting agent (fair enough). However, the agency wanted us to sign a new contract with terms I wasn't happy with (and some I'm still not certain are even legal - New tenants MUST sign up with XXX company for their gas and electricity supplies upon moving in. It didn't apply to us but still dodgy, imo.) They had changed some of the terms as requested by the landlady and then one as requested by us but refused to change anything else because "that's a standard agreement and we can't change it." (despite already doing so.)

So while TRYING to negotiate the new tenancy, we are trying to sort out who is going to arrange getting the boiler replaced as we have now been without hot water or heating for 3-4 weeks and its WINTER!! The agents won't because we haven't signed yet and the landlady won't because "you need to speak with the agency". So another week or so I call the council, they send Environmental Health out and they (EH) sends a report to the landlady and the estate agents. EH also informs me that, although they can't be quoted legally, we don't even need to sign a new contract for them to manage because ours existing one still stands and they only need to have one with the landlady. I get back to the agents and tell them this and we will sign but not until the changes are made (which are that we can be forced to rehome our dog and 2 cats should it be requested and our SORN car must be made road legal etc (which is an expense we can't afford and we can't simply sell it as it was a gift of sorts) so it's not like I'm asking them to let me move another family in or use it as a brothel! But they won't budge now. Another week and they email me stating that they have a boiler "ready to go" but we can't have it unless we sign. I reply, with evidence that this is completely illegal, he backtracks and "it" hits the fan.

Finally, after 9 weeks of being with no boiler and having the council and others get involved on our behalf, the boiler gets installed. The agency refuses to now manage our property and the landlady instructs a company to fix other issues raised by EH like replacing the bathroom including the entire floor as it had been wrecked from the leaks and mould.

We have not sought compensation, we have no rent arrears and have not asked for anything from her since. She them convinces the SAME people to take on the property management again. I am contacted but because of the complete pile of shizz that they speak and are, I simply tell them I am seeking advice & representation and will get back to them asap. The landlady then texts me informing me that they are going to manage it so (basically) do as they say or she will have us evicted.

We have now been served our notice.

(Just to note, our rent is VERY good but there was no deposit so won't be owed anything)

So.... in your opions WHO is being the A?

OP posts:

Icedlatteplease · 01/09/2023 10:37

I'm not sure its about whose is unreasonable or not.

Your landlord has clearly behavioured unreasonably but perhaps if shes been charging full market rent she could better afford to fix the problems

If the eviction is legal, you are going to have to move eventually.

I can understand why your mil and dh want you to get on a sign the tenancy. Sounds like you'll incur substantial mire costs living elsewhere.

Sometimes you have to let it go

Hellsbellsandspidersankles · 01/09/2023 10:37

So.... in your opions WHO is being the A?

Does it matter??
Why didn’t you just rent somewhere else years ago ?!

Original poster

Rumpmum21 · 01/09/2023 10:33

Pinkpots · 01/09/2023 10:08

What I don’t understand is if you haven’t been happy in the property ( and it sounds like you have good reason) for 10 years why didn’t you look arround for somewhere else and give notice yourself once you found somewhere. Why wait til you were asked to leave, it must have benefited you in some way, was it a cheap rent? Judging by the rental market at the moment it seems like the worst possible time for you to be trying to find a new rental property and likely to be substantially more expensive.

You assume I haven't looked at moving but you're wrong, I have. Over the years I've looked into housing association options, buying, renting elsewhere near and far, buying land, residential park homes, tiny homes, van life......... Life and finances have just been constant obstacles and tbh, DH is too anxious a person to properly support me to even try to overcome some of the obstacles.

OP posts:

GLORIAGloriarse · 01/09/2023 10:21

What do you want here? You've stayed for 10 years knowing it's been risky and she's a crap landlady.

Dolores87 · 01/09/2023 10:19

The landlady is the one that is unreasonable. Her house doesn't sound very habitable and she has a responsibility to sort it out.

Original poster

Rumpmum21 · 01/09/2023 10:17

linelgreen · 01/09/2023 08:22

I have several BTL properties and my tenants are mainly long term and great at looking after property and paying rents on time. However I play my part by dealing with any maintenance issues promptly and during pandemic took reduced rents from some of them who were struggling. However it has shocked me that one tenant seems to think my property is his to do as he wishes with at the annual inspection I found that he had removed fitted furniture and also replaced flooring without permission as this is the one property that I probably did not intend to keep long term I have correctly served him Section 21 to leave which expired last week and he refuses to vacate meaning I now have to get a possession order at my expense via the courts. The main problem is that the council and also Shelter have both advised him to stay put until finally evicted how is this fair on a property owner who wants to take back what is legally their property it's as though the law sides with tenants rather than property owners. I have done everything legally yet still cannot get my property back which means that I will probably lose the offer from the family who want to buy this property.

I honestly agree. It's not fair that tenants are served their notice legally and yet will have the right to stay put until, at cost to the owner, courts are involved. It's illegal to squat in a residential property but this is, essentially, a loophole for doing so. An owner could not refuse to let a tenant leave after their notice to leave has expired because they haven't found someone knew, for example. Some laws are mind-boggling.

OP posts:

JustGotToKeepOnKeepingOn · 01/09/2023 10:17

You've had 10 years to find somewhere else to live. You should have moved out as soon as the place fell into disrepair and the LL made no effort to sort it. I'd have left DH to it and been long gone... don't know why you've put up with it. Or him.

LittleBrenda · 01/09/2023 10:14

Like it or not, landlady has legal responsibilities, which I have kept to a minimum of having her adhere to.

that doesn't mean we should have to live with no boiler and mould, right?

But that's what has happened. You have lived with those things. She's a terrible landlord. Terrible. A little boy died last year because he lives in a mouldy flat.

It's not clear to me what contract you have or whether you are paying market rent.

TeaKitten · 01/09/2023 10:14

Rumpmum21 · 01/09/2023 10:06

Lol, OK, so staying ISN'T what I am looking for here. But it isn't as simple as "just move on". Surely nobody believes that it is? Surely nobody has missed the crisis our country is currently in and that moving, be it renting or buying, is difficult, expensive and best avoided right now! (Even if you hate where you live because a tent is not preferable! Lol)

What DO you want OP? She’s evicting you and you don’t want to stay, so what do you want? Yes she’s a crap landlord, but it’s done now and you are moving out. Are you hoping to see if you can take legal action or something? Or just hear for a rant? I just can’t work it out from your posts.

Pinkpots · 01/09/2023 10:08

ingenvillvetavardukoptdintroja · 01/09/2023 10:08

Is there a gas safety certificate indate? An energy performance certificate? The landlord must have issued these to you before the notice started, otherwise its not valid. If not, they will need to get these in place then reissue the Notice.
Only the courts or tenants can end the tenancy. The reason some people wait for a court hearing is that landlords have not acted legally and the tenants are therefore not required to leave.

Original poster

Rumpmum21 · 01/09/2023 10:06

OP posts:

kirbykirby · 01/09/2023 10:03

Has she protected your deposit? If not, you could claim 3 times the amount. Is she declaring her rental income, if not you can report her anonymously to HMRC. I would also make sure environmental health know about the state of her property. Speak to Shelter (the homeless charity) as they should be able to give you lots of advice about your rights.

Most landlords think they are doing their tenants a favour by letting them live in mould infested crapholes that they pay £££ for.

BMW6 · 01/09/2023 10:01

Rumpmum21 · 01/09/2023 09:16

THANK YOU. I have had to this to people on others behalf that "just move on" is not an option with moving.

This post suggests (to me anyway) that moving is not an option for you?

But you have now cleared up that you DO want to move, so I'm not clear on what you are trying to get from your thread?

Original poster

Rumpmum21 · 01/09/2023 10:01

Yes, she does. It's just all gotten too much for, and I really do understand (I wouldn't want to be a bl**dy landlady, lol) but that doesn't mean we should have to live with no boiler and mould, right?

OP posts:

babbscrabbs · 01/09/2023 10:01

It comes across like there's an unwritten deal, she's not charging market rent so don't expect market level service. Maybe that's why your DH etc are just taking the easy route.

I'm sure these letting agents have told her they could get a huge amount more income (and assuming they work on a percentage basis, that would mean more income for them too).

But if you don't want to stay, why create stress for yourself? Some battles aren't worth winning.

Original poster

Rumpmum21 · 01/09/2023 09:57

Sorry, where did I say I wanted to stay?

This post isn't about seeking a way to stay (which is actually possible but not getting into because I really don't want to stay).

I posted because despite everything, both DH & MIL are "the path of least resistance" types who think that, despite everything, I should "just sign the contract". It also bothers me so much that our 2 young sons seem to be being forgotten by others because the mould, the boiler, the banister are issues that put them at risk and I'm expected to play nice because it's just easier that way instead of standing up for what's right.

Like it or not, landlady has legal responsibilities, which I have kept to a minimum of having her adhere to. The agency broke the law (in writing, no less) and are no longer trustworthy and despite having a young family (and not the only one in one of her properties), despite our sons being her so-called friends grandsons etc, etc, she has had us served and I am being blamed for it coming to this.

OP posts:

sakura06 · 01/09/2023 09:53

Also this sounds like a revenge eviction! You should contact Shelter for advice.

sakura06 · 01/09/2023 09:52

The landlord and the letting agents are absolutely unreasonable! I'm glad you get EH involved as the situation sounded dangerous. Does she do annual gas and electricity safety checks?

Zaaarrr · 01/09/2023 09:50

Could you offer to pay a normal rent instead of the rent you are paying now? Not that I would recommend that, I'd move.

I don't know what you mean by saying moving isn't an option, you've been evicted.

Original poster

Rumpmum21 · 01/09/2023 09:40

I am in the UK. The boiler thing happened last winter. As I stated, it was 9 weeks without a boiler, going into winter and SINCE the boiler was replaced, the agency has said they won't manage, then later been persuaded to try again. Other repairs were made and she has not been asked for a thing since then! This did not happen overnight.

The SORN car is on private land which is part of the property.

Husband signed an AST when he moved in, a new one was made and signed after I had been here a while. The problem was ONLY with the estate agents, their AST and the dealings we had with them. They literally broke the law by withholding a new boiler.

"List of demands"? Trying to keep our 2 young children safe and warm, having repairs done at no cost to her where possible, usually without even bothering her with the problem in the first place..... 🤔

She has multiple properties, others have had new carpets in a shorter time of them being there but we just replace ourselves because it was needed but our rent is low and so we didn't mind. Doors have fallen apart (handles and hinges) and we have, again, sorted it without bothering her. And, I repeat, we have not asked her for a thing since either. ALL these properties are now being managed by the agency. It's about her not having time and getting older. If she couldn't afford to maintain the properties, why would she add the cost of paying someone to maintain it on her behalf? 🤦🏻‍♀️

OP posts:

BMW6 · 01/09/2023 09:31

But surely staying is not an option if you're being evicted?

Original poster

Rumpmum21 · 01/09/2023 09:16

THANK YOU. I have had to this to people on others behalf that "just move on" is not an option with moving.

OP posts:

Flipbopboop · 01/09/2023 09:02

Notice being served does not mean that the tenant "just has to go", there are strict rules that must be adhered to before a possession notice can be granted. If even one of these things has not been done then the Section 21 will be invalid.

Stand your ground OP. Don't move until you have to and document every single issue that you've had.

I'm a landlord so I'm fully aware of tenant's rights. Too many tenants get screwed over which is why I always give my new tenants the links for Shelter, my responsibilities as a landlord and links for the local tenant's union.

Janieforever · 01/09/2023 08:33

Ultimately she’s served notice so you need to go. It doesn’t matter she’s been unreasonable or an armhole. You’ve not entitlement to stay there past the contractual obligations.

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