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Requested ESA for suicidal depression from landlord - got evicted.

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  • Requested ESA for suicidal depression from landlord - got evicted.

    Hi,

    I will try to keep it as brief as possible but it is a bit of a saga.
    I've suffered from depression all my life, but when I turned 50 it got really really bad as my ex left me with my two boys. She moved over 60 miles away.
    After two years I managed to rent a small two bedroom house around the corner from them. My eldest son still refuses to see me ( he was 10 when they left , he is 18 next year )
    I was unable to get work immediately due to my depression and covid. Spent all my equity just paying rent and bills as I couldn't claim benefits due to my "savings"

    Got a job two years after moving , started to improve slowly, then got made redundant. This knocked me back down to rock bottom. This was in April this year.
    I've been assessed by Work & Pensions and Universal Credit and due to the level of my depression I have been classed as unfit to work.
    Discussing my condition with my Dr I've tried many ways to try and help things. In the end I mentioned to him that I thought owning a dog would help a lot as it will keep me company ( I live alone, except when my youngest son comes over at weekends or summer holidays ).
    Having a dog would also get me out of the house as I don't move around enough. My depression is so bad that I spend a lot of time asleep just so I can shut up the suicidal thoughts.

    My tenant agreement stated no pets and I was aware of this and it wasn't an issue at the time as I didn't really have any intention of getting a dog.
    I assumed I would move up here, be near my kids and seeing them and all would be good. I only see my youngest son at the moment , he's 13.

    The Dr agreed it would be a positive thing to try, I told him about the pet rule and he said they can issue a letter that recommends me keeping a pet to help my mental health.

    I asked the estate agents to ask my landlady if I could have a pet, a dog, an Emotional Support Animal, for helping my suicidal depression. I was told no.

    I mentioned that I really needed it for medical reasons more than anything and that I could get a note from the Dr to back this up.
    I was told, OK, get letter and let's see.
    Paid £33 for letter and waited a month. I emailed the letter to the estate agents and they contacted the landlady.

    The next question I get is "what breed?" . I said I wasn't sure, but it would be a small/medium dog ( Jack Russell/labrador ).

    When I finally get an answer I'm told that she would let me keep a dog providing the rent increased to £700 ( I currently pay £625 ).

    I couldn't accept this as my rent is paid by Universal Credit, I explained this to the estate agents and also asked what the extra money is actually covering.
    They talk about damage to the property, a small do will not damage the property, if anything it will chew up MY furniture and possessions.
    I even stated that I would gladly cover the cost of ANY damage caused by the dog.

    Throughout this exchange I was getting worried that I may be annoying her and didn't want to lose this place. I cannot face the thought of having to move ( more on that later ).
    I stressed over and over again that I would prefer NOT to have a dog than to lose this place.

    The next thing I get is a notice of eviction under Section 21.
    The email was sent Friday evening at 17:15. but I didn't read it until 6am on Saturday morning.

    This sent me into a panic attack and I had to go and sleep. I slept until just gone midnight on Sunday, and then I attempted to end myself.
    I had to call paramedics out.

    I haven't eaten since Friday, I feel physically sick inside.

    I'm getting a bit tired of talking about this now as it stresses me out so much. I don't know if anyone here will be able to help anyway.
    So I'll keep the remaining parts short.

    The eviction notice they sent me isn't valid it seems. It's supposed to include information about my deposit and other things which were not present.
    Apparently I'm supposed to be told within 3 months of paying my deposit where it is and how to get to it. I never had this.
    I'm so sick with worry I've emailed the Estate Agents and told them I will pay the £700 a month and won't even bother with a dog, just PLEASE don't evict me.
    I also believe this to be a retaliatory eviction over the fact I asked about getting a dog and then refused the price increase.

    I've spoken to council and they have told me to wait and see if landlady lets me stay here with a rent increase. If not they will assign me a housing officer.
    My only problem is that been a single male they will offer me a one bedroom flat, which is not suitable.
    I rented this small 2 bedroom house so that the bigger bedroom would be for my boys to stay in. I anticipated seeing both of them to begin with, and didn't realise how it would play out.

    I'll end this here , if anyone can offer any additional advice or help I would be really grateful.
    Tags: None

  • #2
    Sorry to hear about your issues
    Firstly you need to find out if the S21 is valid. Check if your deposit is protected - details are here
    https://www.citizensadvice.org.uk/ho...-your-deposit/
    To be valid a S21 also needs the LL to have given you some other information at the start of the tenancy - you must have copies of:
    the property’s Energy Performance Certificate, the government’s ‘How to rent’ guide, a current gas safety certificate for the property, if gas is installed
    A S21 notice does not have to give a lot of info and does not have to contain deposit information etc. It must give 2 months notice. You can have a look at form 6a which is what we know as a S21 here
    https://www.gov.uk/evicting-tenants/...tion-8-notices
    But the LL does not have to send the S21 on this form - it just has to have this information
    I do not think this falls under the retaliatory eviction legislation as you have not made a disrepair complaint
    The simple fact is Landlords do not like dogs.
    The final and harsh truth is that if the LL wants you out he can get you out, eventually. Once the notice expires then he can go to court (but only if the S21 has been correctly issued). If it has been wrongly issued he can make it right (ie repay the deposit) and reissue
    If your deposit is not protected you can sue for 3 x the value but you need to do the research on all of this first.
    In terms of damage a better option would be offering a larger deposit (if you can) than paying extra rent

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