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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to feel that this eviction feels unfair.

53 replies

Humblepieis · 06/04/2026 18:30

Please go easy. I'm in a dark place.

I am getting evicted from my property. The main reason being around I think my children's noise. The house has absolutely no sound proofing . I can hear my neighbour pee. yup. so really a family with siblings that argue isn't suitable. Im not excusing the noise. But giving context. In a normal family home, noise like this would be ok. I'm sandwiched between neighbours in a flat where you can gear every footstep. you can hear conversations. Unfortunately I have a separated DH who is an alcoholic and uses to be allowed in the house but he created too much noise. so he has not being allowed inside in a while. my poor children are traumatised by dad. This has resulted in them being angry and swearing . ( though my separated DH and myself don't swear and I do not shout ) I hate it trust me and cry all the time. I do all I can to get my 10 year old to stop. they are under cahms. They havebehavioural issues. and possible mental health issues. on top of this I acquired a disability 3 years ago and are basically the sole patent with no help . family out of country. It's been hard to manage with an alcoholic father, day regulated children and a disability which has been very debilitating. we are all moving home later this year but I just wondered if I can put up a defence against eviction. they are calling it anti social behaviour. Honestly we are a good,, loving , professional family that's just in a bad situation. Why we are mofingvhomevas I'll have family support and everyone will be happy. I'm literally drowning in stress and an inability to cope. I just want to stay in the house until we have to move.

Any solicitors that know any defence around a child with mental health issues /trauma explaining tye behaviour rather than labelling it as anti social?

OP posts:
Besidemyselfwithworry · 06/04/2026 23:09

Humblepieis · 06/04/2026 22:18

they have anecdotal evidence from other 3 neighbours as far as I know.

They have given me until July
I only want until August then I'll move from.UK anyway. So I don't want a new home. I just need this one die a few months.

plus i have a disability which makes it near impossible to pack
I need more time.

They may serve section 21 also I don't know.

in regards to the gas and electric, the LL did tye gas last year but has let me be without a kitchen light for over two years despite me asking, no electrics test yet got it all fixed last week so she can evict me. surely that's retailitory or illegal in some way??

I’m sorry you are in this situation - however 5
months to pack just sounds a bit crazy really. How much stuff are you moving with you? If you’re going abroad are you taking furniture and stuff or just clothes and personal possessions?
have You got any friends who could help you out?

Lougle · 06/04/2026 23:22

What stage are you at with it? The Landlord can't just decide to evict. They need to serve you with a form 3 that is properly completed with the correct wording, that specifically lays out the reasons. Then the court would decide if it's reasonable.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/discretionary_grounds_for_possession_of_assured_tenancies

Poor insulation is specifically noted as a consideration of the court, as is the effort made to modify the behaviour.

Shelter icon

Shelter Legal England - Assured tenancy discretionary grounds for possession - Shelter England

The court can make a possession order on a discretionary ground if it is reasonable to do so.

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/discretionary_grounds_for_possession_of_assured_tenancies#ground-14a-domestic-violence

Humblepieis · 07/04/2026 09:43

the 5 months is not just to pack. It's to finish up my job, etc etc
Though I do need a lot of time as I have an illness that affects brain and body and I have less power in my cells and I'd I overdo i can crash for days.i have furniture and will have packers for main stuff but it's sorting the rest. not so DH won't help at all I'm sure.

thanks Lougle for the tips. They just says their solicitor will be issuing a section 8. As said I'm not saying the shouting/swearing is normal however the insulation is non existent. I can hear quiet conversation in the flat below. It's a conversion and really suits me for single people.

they isxalso a communal garden which I've never been able to use as this other neighbour who has set the hose on me and stated at my girls considers the back garden his. no other neighbour can step door in it. Could that be a breach of contract?

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