Can a Landlord end our tenancy for requesting repairs?

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    Can a Landlord end our tenancy for requesting repairs?

    Good Afternoon Everyone,

    We have been renting a property for a few months now and our 6 month AST ends in September.

    The property has outdoor decking that has seen better days. I have already had the landlords handy man out twice to replace boards after I had put my foot through them due to them being completely rotten. Now a third board had broken a month ago and the Landlord still hasn't found someone who is available to replace the boards.

    2 weeks after I initially complained about the boards being broken again some new "Used" boards arrived in our parking area however the normal handy man has had a project overrun and is not available. A new handy man was meant to arrive Last week but still nothing.

    How should i approach this? It has been over a month and nothing is being done even though I have sent numerous emails.

    I do not want to annoy the Landlord because we do like the property and would like to stay longer than September and other than the decking the rest of the property is great.

    Annoyingly when I reported the additional broken boards the Landlord admitted he felt the whole deck needed replacing but would not be doing it this year, can he legally allow it remain potentially dangerous? I have been lucky not to have twisted my ankle each time.

    Can the Landlord end our tenancy in September because of complaining? How much notice does he have to provide us if the tenancy rolls on from September?

    Thank you

    #2
    He can't end your tenancy until you surrender or the bailiffs come in. What he can do in September or October (depending on when the rent is next due, is apply to the court for a repossession order, without having to give a reason. Requesting repairs would not be a valid reason, if he had to give one.

    If you had serious complaints, and got to the council first, and the council agreed they were serious, his right seek repossession on a no fault basis would be lost, as it would be considered a revenge eviction.

    I doubt that the council would consider faults in the decking a category one fault.

    Comment


      #3
      Originally posted by leaseholder64 View Post
      If you had serious complaints, and got to the council first,
      If it is a serious issue, then T does not have to "get to the council first".

      Something that could cause injury (as in this case) seems to me to be something that the council would issue a notice about.

      Deregulation Act 2015:
      33Preventing retaliatory eviction

      (2)A section 21 notice given in relation to an assured shorthold tenancy of a dwelling-house in England is invalid where—
      (a)before the section 21 notice was given, the tenant made a complaint in writing to the landlord regarding the condition of the dwelling-house at the time of the complaint,

      (b)the landlord—
      (i)did not provide a response to the complaint within 14 days beginning with the day on which the complaint was given,

      (ii)provided a response to the complaint that was not an adequate response, or

      (iii)gave a section 21 notice in relation to the dwelling-house following the complaint,

      (c)the tenant then made a complaint to the relevant local housing authority about the same, or substantially the same, subject matter as the complaint to the landlord,

      (d)the relevant local housing authority served a relevant notice in relation to the dwelling-house in response to the complaint, and

      (e)if the section 21 notice was not given before the tenant’s complaint to the local housing authority, it was given before the service of the relevant notice.

      (3)The reference in subsection (2) to an adequate response by the landlord is to a response in writing which—
      (a)provides a description of the action that the landlord proposes to take to address the complaint, and

      (b)sets out a reasonable timescale within which that action will be taken.





      Comment


        #4
        If I were the LL I would just remove the decking with T consent asap and amend, initial & date Inventory accordingly.

        Comment

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