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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

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:
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?

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.

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)

OP posts:
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.

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.

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.

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.

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.

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:
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.

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.

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:
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 ?!

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

wotanarse · 01/09/2023 10:50

Your landlord is clearly not cut out to be a landlord and has decided to stop being one, which is the sensible decision for her.

LadyWithLapdog · 01/09/2023 10:54

So what’s your plan, OP? You want to move, your LL wants you to move, the EA want you to move, your DH etc the same. The place sounds insalubrious and unsafe.

DatumTarum · 01/09/2023 10:57

Your LL is a twat. Get legal advice (shelter?) and take them for all you can,

Meanwhile, just fucking move.

LakieLady · 01/09/2023 10:58

Your LL was clearly unreasonable in not carrying out their responsibilities as a LL.

If I was in your shoes, I would be speaking to Shelter, the council's homelessness team or a local advice agency that has a housing advice specialist. It may well be the case that the eviction notice has no legal status (eg it could be deemed a "revenge eviction", invalid because of technical points re the gas safety cert etc).

Given that you don't actually want to stay there, if the LL wants you out but can't legally evict you, you may be able to negotiate some compensation that will make it easier for you to find somewhere else.

DatumTarum · 01/09/2023 10:59

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.

This is correct.

I'm a former LL btw

SquishyGloopyBum · 01/09/2023 11:01

They aren't allowed to do revenge evictions. I'd get back on to the council and also seek advice from Shelter.

Icedlatteplease · 01/09/2023 11:06

DatumTarum · 01/09/2023 10:59

This is correct.

I'm a former LL btw

The OP says she never paid a deposit...

Doggymummar · 01/09/2023 11:08

What advice are you looking for? I don't understand what you are asking. If you are being evicted rather than being asked to leave then I believe the advice is hang on as long as possible if you qualify for social housing and they will put you somewhere but could be a Travelodge 500 miles away from your kids schools. In your circumstances I would find my own place and be in control of my destiny. Talk to shelter they will advise you.

LakieLady · 01/09/2023 11:09

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

Shelter aren't there to help landlords, @linelgreen , their obejective is to prevent homelessness, which is why they advise tenants to stay put as long as they can.

The council's position is similar. They have a statutory duty to prevent homelessness, so will always let tenants know their rights with regard to eviction.

And they also have a statutory duty to house homeless families, and single people if they are vulnerable. Since they had to sell off loads of council homes to tenants and weren't allowed to borrow the money to build more, it costs them a fortune to place people in B&Bs or other temp accommodation, so they try and avoid it at all costs, hence the advice to stay put.

Flopsythebunny · 01/09/2023 11:11

BMW6 · 01/09/2023 09:31

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

A s21 is not an eviction notice.
It's a request from the landlord for the tenant to vacate.
Only a court or a tenant can actually end a tenancy

BMW6 · 01/09/2023 11:33

Well I'm just as confused as before.

Your accommodation has been cheap but shit.

You've stayed in this place for 10 years but have been looking elsewhere during that time but not found anything.

Now the LL has served a s21 which you are happy with because you want to move from there.

So what are you trying to get from this thread?

It rather sounds like someone complaining about a meal after they've eaten it all up.

Your LL SHOULD have done repairs but didn't.
You COULD have moved out (not the LL's fault) but didn't - for 10 years!!!!!

So for all those years you CHOSE to accept the conditions you were in!

So what exactly is it you want ?

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