AIBU? Private Landlord wants to be evict for the following...

[Maddie2019]

Hi all, I’m a little stuck to say the least and am gobsmacked by the morning I’ve had.

We have lived in this rental for the past 3 years and I love the property and the location! We have never paid the rent late and have thrown so much money into being here. The house has a fair amount of problems as of expected for a house built in the 1800’s. We have awful damp issues on the front wall of the property which affects our bedroom and living room, and as the walls are granite they have no cavity wall insulation.

The front wall needs repointing, the loft needs insulation, the chimney stack is leaking so needed to be rebuilt and we are missing a fascia board on the front of the house. Our rent is rather considerate so I’ve been happy to put up with these issues until the landlords can Afford fix.

Landlords came this morning for an inspection and are convinced me and my partner don’t use the heating!! We have a 3 year old, of course we do! The heating tends to come on for 2 hours in the morning and around 6 hours in the evening. They said the damp on the front wall is down to us (we ventilate and heat the property accordingly). I have explained that without a fascia board being on the front the water will run in, particularly
Through the poor pointing where the weather hits the worse.

They called me and my partner liars and that we never use the heating, and even if we do it should be on everyday while we are at work as well as in the evenings to. I disagree with this, we have not got money to burn for heating a property when we are at work!

Because I disagreed they have said we will be served our notice. I’m gobsmacked and don’t know how I should react. The last thing I want is to move, I love it here. Do you have your heating on all day everyday despite not being in? I’m thinking maybe I’m being unreasonable with their request. I have never been raised to have the heating on when you’re not home, I think it’s basically just chucking money at nothing! It’s frustrating when the builder has confirmed the houses issues but they still blame us! Arrrrrgh

You'd be better off buying a dehumidifier for the damp, well your LL would, versus you wasting money on heating for no good reason. If the property had no issues then yes look to the tenants habits inside the property but in this case it's obvious it's property at fault.

@CSIblonde

'Revenge evictions are unlawful if you want to stay OP. It might concentrate their minds if you say you are considering Contacting your Council's environmental health dept re the damp. It's in the tenancy contract that LL's contractual obligation is to repair problems. Legally they also have a 'Duty of Care' re tenants health & safety.'

This may be the quickest way to a s21! It is only possible to prevent a revenge eviction if a hazard notice has been served by EH.

OP, Were you provided with a gas safety certificate epc and how to rent booklet at or before the commencement of the tenancy?

@Jonb6,well it worked for me . I got threatened with eviction after asking for repairs & being ignored . My LL's are beyond dodgy but have a very limited knowledge of rental law.
They also realised if I rang Council, any visit would flag up they'd ignored a notice re H&S violations identified in a recent drive to improve safety in private rentals in London.

I would regardless of whether or not staying, be giving environmental health a call.
I doubt they are thinking about new laws that will be introduced. Sounds like they don't really care about the legalities. They are blaming the op in the hope they will pay for the repairs. They are clearly fine to let these issues stand - I mean come on, the lack of roofing insulation says a lot about them alone.
Happy to take the money every month but fuck spending a penny on it. The long term plan will then be selling it to someone else as a potential money pit.
I highly doubt once they see the legal costs that they will bother with legal proceedings. Or go down the cheap diy route, which gets you even time because they will screw it up.

Start looking now for somewhere else. Don't bother to paint it before you go. Why would you want to help these people out to get their poorly maintained house make money quickly? I'm not saying trash the place lol, but why go beyond the extra effort of giving it a satisfactory clean?

Op, your son deserves to live in a house that is warm, dry and doesn't have the potential to make him ill which mould can.

If your current property can't give him those things then you need to move.

Sorry not RTFT but going from OP I’ve been in an almost identical similar recent situation, also several years living there and culminating in a s.21.

I too absolutely loved the location etc. and had to leave just before Christmas, now currently disputing the attempted unreasonable deposit deductions.

Just cut your losses. Find somewhere else. Somewhere not damp. Let them have their ill-maintained house.

Sadly s.21 not yet illegal and having never been in that situation before, was previously laissez-faire (with parents as landlords, not they invoked it ever, let alone maliciously as in these cases) but having experienced it, it is a horrible and traumatic experience esp in a L/T let that you invest so much in as a home.

Good luck OP it’s for the best - no good to be in that damp for too long.

I was so devastated at leaving, particularly in that unwarranted fashion, however since being in a non-damp environment I feel so much better and can’t believe I lived in that shithole so long just because it was pretty!

Yes contact EH but don't tell the landlord in advance, as it would give them an opportunity to get a s21 in before EH issue a hazard notice.

My thoughts exactly.