Poor living conditions but nowhere else to go

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    Poor living conditions but nowhere else to go

    Hi all - posting this on behalf of a relative I am assisting.

    England.

    My relative and his family (wife and newborn at the time) moved into a flat (private tenancy) in Jan 2019. The conditions of the house are extremely poor - here are some images: https://helppls.imgbb.com/

    The landlord has refused to make any repairs and sent an eviction notice - the court ordered the tenants to leave by September 2019. Due to low wage and benefits, they are always rejected for alternative accommodation. The landlord receives rent directly through benefits and has not ordered bailiffs to enforce the eviction - covid has also delayed a lot of things.

    The council have been really slow in trying to help and really have not done anything at all. As bailiffs have not been ordered, the council aren't keen on finding the tenants alternative accommodation.

    What can they do? They can't move anywhere else.

    Additionally, their deposit was not protected. But this doesn't help in enforcing an eviction so that the council can then house them.

    #2
    The T should call environmental health department out, as they will inspect and issue repairs to be carried out, your friend should start to look for somewhere else (even if it's in another county) as unless the T's health is not important, staying in a property with damp issues will have an affect on the T's health.

    If the LL follows through with the bailiff eviction, then the T will most likely be housed in temp. accommodation (this may be for years rather than months). The LL will have to make the repairs eventually otherwise no one will rent the property of the LL sells up. Until the T is evicted the council will not do anything.

    Comment


      #3
      Not protecting the deposit should have prevented a section 21 notice based possession hearing, so was the possession claim based on rent arrears?

      The council aren't likely to house someone unless their circumstances mean they're entitled to it, and presumes that there is somewhere available - which isn't the case in a lot of places.

      I can only think of two options (other than helping them pay more rent):
      They could bite the bullet and move to somewhere in the country that the family can afford to rent.
      Chase the council to issue an improvement notice which would cause the landlord to take possession and gamble on the council homing them.

      Rents are going up, fewer properties are available and, if the only income is benefits or low, there are large parts of the country where renting somewhere decent is simply not going to be an option.
      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


        #4
        Originally posted by jpkeates View Post
        Not protecting the deposit should have prevented a section 21 notice based possession hearing, so was the possession claim based on rent arrears?
        It's a s21 notice - no rent arrears as the landlord receives the rent directly from benefits.

        I'm baffled at how the landlord has been able to get away with not making any repairs. This is clearly not habitable.

        Comment


          #5
          The pictures look grim..... as jpkeats mentioned i would be reporting the place to the council and at the same time look at different areas which can be afforded. The council will not provide you with housing whilst at the same time..... you have housing !!! The stock is so bad out there that most of the time the council offer you a room in a hotel (i use that word very loosely). There are even more significant problems in the emergency accommodation scene at present due to the number of migrants that have been shipped up north from the more expensive south, there are hotels i know of in the areas i work which are totally full and have been commissioned by the home office.

          I cannot offer any crumb of comfort i am afraid, we are in a perfect storm and this govt appears to be totally in denial.

          Comment


            #6
            Definitely report the landlord to environmental health department it is not habitable for a dog let alone human. Landlord is a joker if he thinks anyone serious would want to live in that dump.

            Comment


              #7
              Had it been me I would have painted the walls myself if it was all I could afford.


              Comment


                #8
                Not the correct way but seeing as the landlord wouldn’t fix it you could paint it with mould paint that lasts 5 years followed by the same colour as the walls like magnolia for example but that’s not the point why should you when the landlord should be doing it. Nobody butters up my mortgaged property for free.

                https://seasonalhomeonline.co.uk/pro...YaAqzDEALw_wcB

                Comment


                  #9
                  Originally posted by bobby276 View Post
                  It's a s21 notice - no rent arrears as the landlord receives the rent directly from benefits.
                  It's too late now, because possession has been granted, but I suspect that there's more to this than we've been told.

                  Had that s21 notice been defended, it would almost certainly have failed, so I suspect that the tenant didn't defend it, which would be an odd approach when being evicted from the only place that they can afford to live.
                  Is there something more we need to know to understand the situation more fully?

                  The landlord would have to have lied on the court forms.
                  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


                    #10
                    QUOTE=bobby276;n1177618]
                    The landlord has refused to make any repairs and sent an eviction notice ........... Additionally, their deposit was not protected [/QUOTE]

                    This is a retaliatory eviction and the none protection of deposit carries penalties. The landlord is very cavalier as he could possibly lose thousands in compensation. I wonder if he has gas and electrical certificates - again a breach of regulations. i spoke to a Local Authority enforcement officer once who told me that some landlords spent more time and money avoiding their responsibilities whereas fixing the property was not a massive job and could be done - if there was a will to do so. Many councils have not being prosecuting such cases as they should and must bear a responsibility for the state of the housing stock in their area.

                    The photographs show a house that has been partially refurbished as you can see newish flooring and radiators but clearly has major problems with a leaking roof or gutters. This has the feel of a house being window dressed for income from benefits and in my opinion the landlord needs to be stopped. I heard a news report the other day in which one MP spent half of her time on housing issues in her constituency which gives a clue as to how common this type of issue is becoming.

                    Comment


                      #11
                      Originally posted by AlexR View Post
                      QUOTE=bobby276;n1177618]This is a retaliatory eviction
                      It is, but not one that isn't legal.
                      And, unfortunately, possession has been ordered, so there's not much that can be done now.
                      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

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