Section 8 repossession

[Ottleswick]

My son has received notice of a Possession Hearing on 3 April.

Landlord has allowed property to fall into dangerous disrepair. Roof leak began in August 2020, reported to Environmental Health. Futile patch up work done by landlord 14 months later. Black mould forming every few days on bathroom ceilings despite cleaning with bleach and antifungals reported December 2020, not eradicated until November 2022.
Conservatory leaking every time it rains, reported April 2022, never fixed and has deteriorated during the winter and damp and mould infiltrated the back bedroom. Black mould seeping through bedroom ceiling from damp roof. Electrical hazards. Rotten back door with significant gap causing constant cold draughts reported October 2022, left the entire winter unfixed, my son put down sleeping bag to block draught.

Environmental Health inspection in October 2022 but landlord did the very bare minimum and ignored the serious disrepair. Council told none of the repairs done but ignored my son.

Landlord served section 21 Notice in November and made malicious allegations that tenant had caused some problems.

Roof leak over Christmas results in damage to TV. Son had to buy new TV two days before Christmas. Roof leak reported to landlord who was abusive saying it wouldn't be fixed and tenant had to leave in February. My son stopped paying rent in January. Rent previously paid on time for 29 months.

Section 8 served and now court hearing next month.

Deposit not protected for over 340 days.

What will happen at Court? My son is terrified of losing his home.

[islandgirl]

Section 8 can only work if he is more than 2 months behind in his rent. Is he?

[Ottleswick]

Hi island girl, yes unfortunately he is three months ib arrears

[atticus]

Your son can put in a defence and counterclaim for:

1. compensation for all the disrepair, breaches of the fitness for human habitation sections of the landlord & Tenant Act 1985 - https://www.legislation.gov.uk/ukpga...man-habitation

2. Compensation for landlord's failure to protect deposit (Up to 3 x deposit can be ordered). s214 Housing Act 2004 - https://www.legislation.gov.uk/ukpga...34/section/214

[islandgirl]

If he can pay enough to bring the arrears to less than 2 months at the time of the hearing he cannot be evicted on the S8 as I understand it. Re disrepair. Get council involved again - speak to / email your local councillor (you can find contact details on council website). Your son needs to be proactive to avoid eviction and to get the repairs done.

[Ottleswick]

Your son can put in a defence and counterclaim for:

1. compensation for all the disrepair, breaches of the fitness for human habitation sections of the landlord & Tenant Act 1985 - https://www.legislation.gov.uk/ukpga...man-habitation

2. Compensation for landlord's failure to protect deposit (Up to 3 x deposit can be ordered). s214 Housing Act 2004 - https://www.legislation.gov.uk/ukpga...34/section/214

Thank you, Atticus, for your advice. Is there a procedure for putting in the defence and counterclaim, or is it simply writing a short Witness Statement with some photos of the SMS messages reporting disrepair and photos of the disrepair, and the late protection of the deposit? I am aware there is a template for a witness statement on the justice dot gov website.

[islandgirl]

https://www.citizensadvice.org.uk/ho...tion-8-notice/

https://england.shelter.org.uk/profe...e_of_disrepair

Info from another forum on a similar case
The most common defence to a s8 claim for rent arrears is disrepair. This may be real or invented, but its common for the hearing to be suspended pending further evidence of the alleged disrepair. If the judge is satisfied by the tenants evidence, they are likely to reduce the level of rent arrears by an amount commensurate with the repair costs and if that takes the arrears below the 2 month threshold, then the ground 8 claim will fail. If grounds 10 and 11 are also cited, those will be considered separately, but these are discretionary grounds and unlikely to result in possession unless there are exceptional circumstances.

NB good evidence of disrepair and proof of reporting it / getting council out to see it etc will give your son the best chance

[Ottleswick]

https://www.citizensadvice.org.uk/ho...tion-8-notice/

https://england.shelter.org.uk/profe...e_of_disrepair

Info from another forum on a similar case
The most common defence to a s8 claim for rent arrears is disrepair. This may be real or invented, but its common for the hearing to be suspended pending further evidence of the alleged disrepair. If the judge is satisfied by the tenants evidence, they are likely to reduce the level of rent arrears by an amount commensurate with the repair costs and if that takes the arrears below the 2 month threshold, then the ground 8 claim will fail. If grounds 10 and 11 are also cited, those will be considered separately, but these are discretionary grounds and unlikely to result in possession unless there are exceptional circumstances.

NB good evidence of disrepair and proof of reporting it / getting council out to see it etc will give your son the best chance

Good morning IslandGirl, thank you very much for taking the time to post this. It's really helpful.

Everything was done between my son and the landlord on SMS and Whatsapp so we have a long timeline of my son reporting disrepair and being ignored and often my son sent a photo of the problem too. This goes back to August 2020 and there is disrepair reported again in December 2020 (not repaired until November 2022).

What is most alarming to my son is that the landlord is making these false allegations that it is he who has damaged the property (or manipulated the property) and that the property was in good condition. The SMS evidence does not accord with the landlord's allegations though. My son is worried what a Judge may decide based on the landlord's allegations.

[islandgirl]

You are welcome. Was there a check in inventory? What does that show?

[Ottleswick]

The landlord has tried to say that there was a check-in, but the letting agent did not organise one and my son did not sign one. The landlord has produced photography taken approx five years before the tenancy began to say that those photos represent how the property was the day the tenancy began. The photos show the house in a completely different condition - the garden looks completely different to the photos my son took on the 1st day of the tenancy, the door and number of the house are different, many details are different. The landlord seems to be trying to pass off these historic photos as evidence that the property was in a good condition when it was not.

[islandgirl]

OK so if you have any photos of move in day then you could use them as evidence. If the photos are digital they will have a date stamp in the metadata. An unsigned inventory will not stack up.

[Ottleswick]

Hello, further to my posts earlier this year about the disrepair counterclaim and the revenge eviction.

The landlord was served with an Improvement Notice in April by the council's Environmental Health which was not complied with.

The council returned and issued a Prohibition Order on the entire property.

The landlord has now gone to the property and changed the locks and the tenant cannot get into his home. No possession order has been issued by the courts as it's going to a trial in autumn. The landlord refuses to provide the tenant with a key.

[islandgirl]

Sounds like an illegal eviction to me if the info here is accurate. Steps to take are set out here
https://england.shelter.org.uk/housi...o_kick_you_out

[efpom]

https://england.shelter.org.uk/profe...rcement_action

[Ottleswick]

Hello, thank you to everyone who answered my questions.

I had a trial at the County Court next week. This is for possession of my home and rent arrears. And my counterclaim for disrepair.

The landlord failed to pay the trial fee by the deadline and did not submit any witness statement or comply with disclosure timetable.

The Court struck out the Claimant´s claim against me.

The claimant made an application for Relief for Sanctions, this was heard yesterday at a hearing.

The judge dismissed the application for Relief for Sanctions, meaning the landlord´s Section 8 proceedings for rent arrears and possession are now permanently struck out.

What happens now?

The warning issued by the Court back in July was that the Claimant was to pay the trial fee by such and such a date and failure to do so would result in Strike out and him having to pay all my legal fees.