dodgy landlord

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    dodgy landlord

    Hello this is a little long winded so please bear with me.

    Me and my partner moved into our annexe last may 09, signed the tenancy paid 490 deposit and 490 rent in advance. Everything has been running fine untill i got signed off sick in may this year. We got behind with the rent and naturally the landlord served us with a section 8 possession order. We sought legal advice and we discovered that the notice was illegal, so the judge posponed it for the landlord to get his act together. We have recently discovered that he had not put our deposit in a DPS, and our solicitor advised him that we would counter sue him. Of course the first thing he did was put it in a scheme (14 months late!). We have also found out that when he originally split the property we are in into two he hadnt applied for planning permission how does this affect our current status? has he illegally rented us this property?. The house next to us is joined onto us by a door that has been blocked off and for some reason we have the electric box in our part of the property (for the entire building) and we have also known that our idiot ex neighbours have been letting them selves into our house when the electric has tripped with out us knowing, is this illegal? the landlord did mention that this may be the case and we expressed how unhappy we were at this arrangement and our neighbours were supposed to phone us for our permission to let them selves in to our property but they never did.............Can any of you kind people give us some advice, we know the landlord has every right to his rent but he has also broken the law on several occasions and i just want to get some help



    Many thanks



    Matt

    #2
    Originally posted by mattmahy1 View Post
    the landlord served us with a section 8 possession order. We sought legal advice and we discovered that the notice was illegal, so the judge posponed it for the landlord to get his act together.
    Can you say in what way it was 'illegal'?
    We have recently discovered that he had not put our deposit in a DPS, and our solicitor advised him that we would counter sue him. Of course the first thing he did was put it in a scheme (14 months late!).
    Presuming the scheme he has used is the "Deposit Protection Service" then he has now complied with his obligations and you have no (legal) cause for complaint.
    We have also found out that when he originally split the property we are in into two he hadnt applied for planning permission how does this affect our current status? has he illegally rented us this property?. The house next to us is joined onto us by a door that has been blocked off and for some reason we have the electric box in our part of the property (for the entire building) and we have also known that our idiot ex neighbours have been letting them selves into our house when the electric has tripped with out us knowing, is this illegal? the landlord did mention that this may be the case and we expressed how unhappy we were at this arrangement and our neighbours were supposed to phone us for our permission to let them selves in to our property but they never did.............Can any of you kind people give us some advice, we know the landlord has every right to his rent but he has also broken the law on several occasions and i just want to get some help
    I can't think that these issues with the property will affect your tenancy, although obviously the arrangement with the electricity meter is inconvenient. If truth be known, you could stop the neighbour entering your property - but that's a different subject.

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      #3
      The section 8 was illegal because at the time of the notice we were not 2 months in arrears and he had not attached any particulars of claim with the section 8. The judge for some reason has given him a second chance to put it right on a defective section 8 which my solicitor has said he cant do. (I cant use the solicitor any more because of legal aid funding)......surely as the council were not aware of the property being rented and we had no planning permission for it there has to be some come back on him? The council has already sent through forms for us to fill in asking what the property was used for and asking us if we had any where else to go

      Comment


        #4
        Originally posted by mattmahy1 View Post
        The section 8 was illegal because at the time of the notice we were not 2 months in arrears and he had not attached any particulars of claim with the section 8. The judge for some reason has given him a second chance to put it right on a defective section 8 which my solicitor has said he cant do.
        Okay, so not 'illegal' just not right. There is no need for arrears to total 2 months for a section 8 under grounds 10 & 11 so the judge has just given him a chance to submit his particulars of claim. Even for a section 8 under ground 8 (which is mandatory eviction) there doesn't have to be 2 months arrears.

        The judge was quite within his rights to do this, and I would be worried that your solicitor suggested otherwise - was he a specialist in landlord & tenancy law or just your local "Community Legal Services" lawyer? Maybe it is best that you are no longer using his services.
        surely as the council were not aware of the property being rented
        There is only usually a requirement for the council to know in the case of licensable HMOs - was your property a Home In Multiple Occupation?
        and we had no planning permission for it there has to be some come back on him? The council has already sent through forms for us to fill in asking what the property was used for and asking us if we had any where else to go
        Well, you can report the landlord to the planning authorities and he will have to apply for retrospective planning permission, but it won't change your situation with regard to eviction.

        Of course, one thing that would help your situation greatly, and prevent a section 8, ground 8 having any effect, would be to pay your missing rent.

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