getting evicted - but no paperwork

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    getting evicted - but no paperwork

    I have today been told that I am getting evicted and that there is a hearing next week.
    But I haven't received any Court papers, no notice to quit, no section 8, or section 21.
    I don't even know how this is possible as I thought there was a ban on eviction hearings.
    I owe rent yes, but there is disrepair at the property which goes back a while. The disrepair was reported to Landlord and when I did he came back and said "we want to terminate your tenancy as quickly as we can". The disrepair was reported before I got into rent arrears.
    The disrepair has not been rectified, it's still here.
    I appreciate this forum is aimed at landlords, but could you please say what I should do?
    I'm mystified how a possession hearing is due next week when I have never received any notifications whatsoever. I thought they had to give 2 or 3 months notice.
    Absolutely nothing from the Court.
    I shall argue that the longstanding disrepair will cancel out any money claim. Not sure if the Landlord is going after me for money, think he just wants property back.
    Won't know until I speak to the Court.
    Can anyone please help? x

    #2
    What sort of disrepair is it? You don't have an automatic right to withold rent for disrepair. If the landlord can show no evidence that he served you notice then the claim should fail. If you reported disrepair that would qualify as a cat 1 or 2 hazard under HHSRS in writing prior to the notice then you should mention it to the judge as it should cause a s21 notice to fail. If its a s8 notice under grounds 10 or 11 then its discretionary but if under ground 8, you should also mention the disrepair.

    I would advise you to pay your rent.

    Comment


      #3
      Thank you for replying DPT57. The disrepair started several years ago with a bath leak and then it went through the hallway wall and caused damp, locks failed, roof leaks into kitchen, ivy infestation, black mould on ceiling, several roof leaks etc. It was all reported but Landlord did nothing.

      I have never wanted to be in this situation but with Covid19 I've lost everything. I had to stop paying rent because I live in London and had to save up money for a new place after my landlord said he would terminate my tenancy for raising the issues of disrepair. I feel ill from this situation it's not something I wanted I would have done anything not to be in this position.

      Does the Court send the notice of the hearing or does the landlord? I've had nothing from either.

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        #4
        Surely the possession hearing will fail because the landlord hasn't rectified the disrepair?
        And they took 6 weeks deposit and the Tenant Fees Act 2019 made this illegal.

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          #5
          Why can’t you just leave and move into a property where everything is in order and not create problems for yourself and your landlord.

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            #6
            Landlords have also financial problems and rely on the money from rent. If you don’t pay they can’t pay either for service charges if it is a flat etc.

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              #7
              Perce, it's not that simple. I've lived here for over 10 years and I complained to my landlord time and again about a roof leak, about a bath leak, about things going wrong, nothing was done. A plumber came and said the bathroom was dangerous and he reported it to LL. I heard nothing, nothing was ever done, and so I started spending time away from the property because it was so insanitary. I fell into rent arrears because of the landlord's inability to fix the disrepair. I understand what you say about landlords having financial problems but this is a very wealthy landlord whilst I'm on DSS .

              Comment


                #8
                Can DSS help you ? Try to call them or Citizens advice bureau ? There is a ban on evictions at the moment. Maybe he wanted to scare you. I don’t know.

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                  #9
                  Perce, I doubt the DSS will do anything. I'm not so worried about being evicted as I want to leave anyway and have a new home lined up but I don't want a CCJ for withholding rent when the disrepair goes back 2 years. I stopped paying rent when I was told the bath was dangerous and I couldn't take a bath. I've had to wash in the sink since that time.

                  I still don't understand why I haven't received any court papers whatsoever, nothing. How can that be?

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                    #10
                    There is certainly a defence to possession proceedings if they are on grounds of rent arrears where disrepair exists. The court can reduce the rent based on the disrepair and then it recalculates to establish whether this takes the amount owing to less than 8 weeks or 2 months. It is a well established defence. The issue here is why you haven't received any information from landlord, in the form of a s21 or s8g8 notice. You should contact the court tomorrow and ask for details re the hearing. You should have received a 14 day notice from the landlord if on g8. However, if the notice predates the covid 19 changes to the civil procedure rules which were the end of March, the notices may have been served back in February.

                    From what you have said lack of usable bath or shower is worth around a third of the rent if a one bedroom property, possibly a little more So I think you will end up with a CCJ. If you pay any ccj within one month it will not appear on your credit reference file.

                    You should have contacted the environmental health dept of the local authority who could have served enforcement notices to bring the property up to acceptable standards. I would still advise doing this as it may be helpful during your hearing.

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                      #11
                      'I fell into rent arrears because of the landlord's inability to fix the disrepair.'

                      Actually no, you fell into rent arrears because you chose not to pay the rent!

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                        #12
                        You can't be legally evicted at the moment if you are in England (unless you're a trespasser).

                        All court sessions relating to repossession have been halted until June at the earliest and there is a huge backlog being created (which will take ages to clear because of the need for social distancing in courts).
                        That stay in possession hearings may be extended, so no one's scheduling anything.

                        So there can't be a possession hearing next week, full stop.

                        The housing minister has said that there will be no further evictions without meaningful mediation first, although that's currently an intention, not a law.

                        Even if you haven't received the notice for some reason (which is unlikely but it does happen), the courts will contact you to advise that they are now involved and ask you for some information.
                        The court would also confirm any hearing date - which it the moment it isn't doing, because there are no hearings being arranged.
                        When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                        Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                        Comment


                          #13
                          As a T, you have a number of avenues in which to address your complaints/Issues, you should read the how to rent guide published by the government will give you agencies you can contact, I would not expect trades people coming in telling the L the issues will carry any weight. and enforce them in fixing it.

                          You should try and document your issues, with dates to support your case. Stop paying your rent is not the right way to address issues, also looking at the situation from another angle, the state the property is in, I doubt anyone else will want to rent it, the L may want to terminate your T, in order to fix the whole house without anyone living there in that condition.

                          Comment


                            #14
                            So sorry to read your story: Clearly your landlord is a disgrace to humanity who should be deported immediately (regardless of where he was born).

                            Write (yes WRITE! - keep copy..) to landlord about repair issues using draft letter in Shelter's guidance on reporting repairs here..
                            https://england.shelter.org.uk/housi...ivate_landlord
                            - which also gives guidance of what to do if landlord doesn't fix things..

                            & 'phone Shelter free Helpline 0808 800 4444 - they are the experts on these matters,

                            Do NOT leave: In your shoes I'd change the locks (keep old locks to change back when you eventually leave).

                            However this landlord clearly is not a decent one & if you can find somewhere else it might be bettter

                            Best wishes, hope things improve.

                            Artful: Landlord since 2000. & on benefits
                            I am legally unqualified: If you need to rely on advice check it with a suitable authority - eg a solicitor specialising in landlord/tenant law...

                            Comment


                              #15
                              A solicitor told me yesterday that there are hearing in some courts for people who submitted their claims before the lockdown. I was very surprised. She said some courts are open. ?????

                              Comment

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