6 months rent upfront?

[Sarahpb]

A few months ago my landlord sent an eviction notice after I complained about repairs :

leaks from ceiling causing severe mould,
broken toilet,
floors peeling because of water damage,
walls crumbling,
mice,
broken heating and awful drafts from wall damage ( it's literally about the same temperature inside as it is out)

His reason was he wants new tenants to start fresh as he wants to rent the property out to students -I imagine so he can up the rent.

I went to court explaining the situation but I didn't get anywhere.

A month later I started the referencing process on a property but my landlord at first refused to provide a reference when I questioned him he said he changed his mind but said his reference stating i've caused damages to the property! He is now arguing its me that has caused these damages.It's ridiculous since he hasn't entered the property in months and before that I passed every inspection with flying colours in throughout my 6 years of tenancy.

How I was expected to cause damp to my ceiling I don't know ( I'd have had to use a water hose to cause that amount of damage and how I've caused the walls to crumble or broken my heating is beyond me).

I've been putting up with these living conditions for over 6 months after asking the landlord over and over to fix these issues.- in the meantime I have bought out pest control to deal with mice, tried to remove the mold, and purchased a small heater.

This is causing issues when searching for a new home as it looks dodgy not having a landlord provide the reference and it looks even worse if he gives them one stating I caused damages although I clearly have not!!

I'm worried the next stage will be enforcement agents- I surely must have some legal rights? If not please could you let me know of a site that wouldn't require a landlord ref.

[nukecad]

A reference is simply someones personal opinion.

Right or wrong, fair or malicious, that is all it is.

If you can prove that it is wrong, or malicious, then fair enough prove it wrong or malicious.

Even then that doesn't mean anyone has to disregard it, it's an opinion and anyone can listen to an opinion.
(Ever been in a pub? You'll hear lots of opinions it doesn't mean that they are right).

Even if you can get a court to say that it's malicious, slander, or libel, you can only take action to stop them saying it.
You can't force anyone to give you a good reference, or indeed any reference at all.

If you have a bad reference then don't use it or (if you get the chance) give a good explanation to your prospective new landlord of why it is wrong.

[jpkeates]

If a court has already issued a possession order, the next step will be a letter from the bailiffs and an eviction - at that point, any legal rights are a bit academic.

There's no obligation on a landlord to provide a reference (I don't supply them).
Generally speaking any reference provided has to be truthful, but that's not easy to enforce in any useful way.

I would explain that you think it is unlikely your landlord will provide a reference, up front, and explain that relations aren't great (it happens).

[theartfullodger]

A landlord does not have to provide any reference at all: (Any more than a tenant has to provide a reference for a landlord - there's a thought).

Regarding damage wait & see what happens over your deposit: If you & landlord can't agree you use the deposit protection scheme adjudication to resolve any disagreements.

Sorry. Good luck

http://www.bbc.co.uk/newsbeat/articl...aw-not-working

[Sarahpb]

Thank you all for your advice, really helpful. My only concern is that an estate agent basically said when I couldn't provide my landlord ref that I would find it hard to find any agency that will accept me and my only option would be a private landlord- and they are few and far between in my area. Any suggestions?

[StuartH]

Any suggestions?

Had you rented from a landlord before the current one and would they give a reference? Many of us prefer references from a recent but not current landlord. If you are the tenant from hell, the previous one has already got rid of you and won't be shy of saying so; whereas a current landlord may be happy to give you a glowing reference, just to help you on your way. It works both ways ...

[Wright76]

I think there must be more to this story as a judge would not ignore your accusation that it was an eviction of retaliation after complaining about repairs.

You cannot insist on a reference at all, least of all a good one. We don't know the facts but something does seem amiss.

By giving you a bad reference the landlord is lengthening your eviction and giving himself a lot of grief. Why would he do this if you had not caused damage?

Is the rent up to date and made on time?. In the absence of a reference you could provide your bank statements and payslips to a future landlord/agent then explain your relationship with landlord broke Down so you can't obtain a reference

[jjlandlord]

I think there must be more to this story as a judge would not ignore your accusation that it was an eviction of retaliation after complaining about repairs.

Of course the judge would ignore it as it is irrelevant to the proceedings.

[Sarahpb]

Exactly right- I was technically threatened eviction and did so by claiming it was to rent the property to students. Unfortunetly mine isn't the only story I've heard with a revenge evictions being disguised as something else to keep legal

[jjlandlord]

I've heard with a revenge evictions being disguised as something else to keep legal

'Revenge evictions' under s.21 are perfectly legal.

[jpkeates]

The process required to prevent a revenge eviction under s21 are remarkably complex.

It's almost as if the press release to say they had been made illegal were less important than whether a revenge eviction was ever prevented.

[StuartH]

The landlord doesn't need any reason at all to exercise his absolute right to recover possession of his own property, on proper notice. Some do it on a whim, some do it because their tenants are a nuisance/unreasonable and some do it to get rid of a tenant who wants repairs the landlord doesn't want to undertake. Unless the council has served an Improvement Notice, the court has no power to prevent the landlord seeking possession.

[Sarahpb]

Well I never knew that. What about landlords obligations to carry out repairs?

[StuartH]

A tenancy is a essentially a private contractual relationship between a landlord and a tenant. Both parties look after their own interests, and it isn't really anyone else's business to interfere - so a different question would be what did YOU do to enforce the landlord's repairing obligations?

It sounds as though the sooner you leave the property and find somewhere else to live, the better. It seems that you are resisting the landlord's attempts to get you out of his damp, vermin-infested slum. Why on earth would you want to stay?

[Sarahpb]

I'm not resisting leaving I'm just very worried his reference or even lack of with damage any lettings through agencies that require landlord ref which it seems like all of my agencies do . Can you recommend any websites like open rent or gumtree? I might have better luck explaining my situation.