Overflowing pipe

[QueenAnne]

Re: Overflowing pipe

Was fixed contract, 1 year that ended in Feb. There was no update made to it..... :/

UPDATE -->

I called the council and reported the problem. I feel like a piece of s--- for doing it, but I was in a state of panic constantly, unable to focus on my work, and at the end of the day, I asked the landlady to get back to me 2x and she simply ignores me now.

1. the bathroom wall that is rotting and exposing the construction stuff due to this overflowing pipe - the chap who btw was really cool and helpful, has told me it's great I have pictures from the day I moved in, and that it was refused for repair in May last yr with some humbuk that is recorded.
2. the kitchen sink --- the chap told me, that it is ILLEGALLY connected and exposing me to chemicals I should not be exposed to, especially since the water flows into the kitchen sink
3. about the condensation vs dehumidifier that caused me about £500 of electricity bill at least.

He also told me I cannot be evicted now but if something happens I should ensure I keep everything written.

(Apparently I can be evicted for other reasons: previous rent arrears, DESPITE an agreement already in place before the repairs were brought up. And before eviction was brought up. I'm being actually evicted/tenancy terminated already and am on notice period as I understand: that is what opted me to handle the damage that SHE caused ME before I leave. The agreement with the landlady that she proposed me to handle the arrears was already agreed in full alignment with her proposal. The written emails and correspondence will help me, the chap said.)

They'll call me back within 5 working days to discuss and - I hope - to schedule an inspection of these issues... I feel better now.

[QueenAnne]

Re: Overflowing pipe

So am I reading right the below --- since I had NO notice whatsoever, I have to have 2 months notice at least before court-involved eviction???
And Refusal to repair damages is a Harrassment????


https://www.gov.uk/evicting-tenants/...ou-must-follow

2. Accelerated possession

In England and Wales, you can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and doesn’t usually need a court hearing.
You can only do this if:

• your tenants have an assured shorthold tenancy or a statutory periodic tenancy
• they have a written tenancy agreement
• you’ve given them the required written notice (a minimum of 2 months) in the right form
• you haven’t asked them to leave before the end of a fixed-term tenancy

How it works

If you apply to the court for accelerated possession, the court will send your tenants a copy of the application.
If your tenants want to challenge the application, they must do this within 14 days of receiving it.
A judge will decide whether to:

• issue a possession order, giving you the right to evict your tenants and take possession of the property (this is normally the case)
• have a court hearing (this usually only happens if the paperwork isn’t in order or your tenants raise an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge issues a possession order

If the judge makes a possession order, your tenants will normally have 14 or 28 days to leave the property. If this will cause them exceptional hardship, the judge may give them up to 42 days to leave.
If they don’t leave at this point, you can use bailiffs to evict them.

5. Harassment and illegal evictions

It’s a crime to harass or try to force your tenants out of a property without using proper procedures. If this happens, they may have a right to claim damages through the court.

What is harassment?

Harassment can be anything you do or don’t do that makes your tenants feel unsafe in the property or forces them to leave.
Harassment can include:

• stopping services, like electricity
• withholding keys - eg there are 2 tenants in a property but you will only give 1 key
• refusing to carry out repairs
• anti-social behaviour by someone on your behalf - eg your friend moves in next door to your tenants and causes problems
• threats and physical violence

Illegal eviction

You may be guilty of illegal eviction if you:

• don’t give your tenants the right amount of notice to leave the property
• change the locks
• evict your tenants without a court order

[QueenAnne]

Re: Overflowing pipe

Apparently my above assumption was WRONG.

Received a "Notice of Seeking Possession" today. Landlady is seeking the previously given up payments as compensation (when she failed to do repairs of even such things as door lock for months, half the house was impossible to be occupied, slugs the size of my fingers were invading the bathroom etc. this for three months) claiming I am much more in arrears as the agreement a couple weeks back and she hired a firm to handle the eviction. They sent notice based on section 10 and 11 of the housing act. They set the deadline to be 9 August.

So the happenings are as follows:
1. Landlady contacts me, cos I was in arrears with rent, and I agree on repayment - with her not mentioning I HAVE TO move out. She mentioned her mortgage, and I told her once I repaid her I probably will move out.
2. I ask her about the undone repays and my horrendous bills and to review the rent from now on.
3. She claims I cannot pay rent due and tells me to agree to move out.
4. We agree on 30 September (and fully on the terms she sets, including amounts etc.)
5. I ask her to review and address that she hasn't done certain repairs while I lived here, damaging my health and my living condition and causing me financial damage (electricity bill.)
6. She tells me basically to shut up - she ignores the comments re repairs (as she's done in the past year) but "reminds me" that she can get me evicted.
7. I ask her not to threaten me but to try agree on everything, and that includes her negligent part as well, besides what all I agreed to. No response.
8. Reminder that I wait for her response, receiving no response.
9. I report to council (they haven't called me yet.) I send landlady pictures of 1) the condition of the property (to prove it's in well maintained condition) 2) the rotting wall 3) the overflowing sink and the mud-like dirt that comes up from the kitchen pipes and 4) the connection of the washmachine directly into the sink pipe right below the sink.
This all happened before 17 July, with me reporting to council on 17 July.
10. Eviction action dated 22 July, again only mentioning section 10 and 11, and completely changing the previous agreement.

Questions:
1) Can I stop the eviction by 1) having it already reported to the council that she's not repairing and also noting she will try to evict me to hide that she did this and 2) by already having a previous agreement about rent arrears and move-out, thus (I assume) it's clear that it's a Retaliatory Eviction?
She's basically doing what I wrote to her that I fear she's doing: threatening me then retaliating by removing me from the property to try cover up the damages and non-repairs.

Please, any advice? Thank you.

Note: Before 12 July there was absolutely no notice of arrears from landlady - there was no communication at all from her since January.

[charitynjw]

Re: Overflowing pipe

What it says here

http://www.adviceguide.org.uk/wales/...nt_arrears.htm

[CleverClogs]

Re: Overflowing pipe

she hired a firm to handle the eviction. They sent notice based on section 10 and 11 of the housing act. They set the deadline to be 9 August.

That is odd, as the relevant part of the Housing Act 1988 is section 8 (link).

Did they mean on grounds 10 and 11 in Schedule 2 (link) of that Act?

How often was the rent supposed to be paid and over how many rent periods does Frau Rachman say it wasn't?

[CleverClogs]

Re: Overflowing pipe

What it says here

http://www.adviceguide.org.uk/wales/...nt_arrears.htm

Do any special rules apply for anti-social landlords?

[charitynjw]

Re: Overflowing pipe

Do any special rules apply for anti-social landlords?

Don't know.

I'll ask

[QueenAnne]

Re: Overflowing pipe

That is odd, as the relevant part of the Housing Act 1988 is section 8 (link).

Did they mean on grounds 10 and 11 in Schedule 2 (link) of that Act?

How often was the rent supposed to be paid and over how many rent periods does Frau Rachman say it wasn't?

My bad... grounds 8, 10, 11. I see from the letter that 2 weeks' notice is due. It's issued under Section 21 of the Housing Act 1988.

Arrears including her claiming is over the two months required and she claims moneys that I don't think I owe but I doubt I can prove this. So for now, I am fairly certain I am above the minimum (2 months) of arrears for eviction.
Rent was monthly.

Again, I have already had an agreement with her! About move out and repayment. She wrote she'll send a letter "confirming everything we agreed" - and she sent instead the section 21 notice. (I have no protected deposit so this is valid.)

She sent this because I raised that OK we agreed, I move out but she didn't repair and she only came up with the move out option AFTER I noted her negligence. Until then her aim was to keep me (seemingly, she didn't mention anything about move out) and I agreed to everything she noted as she wants etc.
When she said I cannot pay enough, I asked her to name an amount because I'd pay it but she REFUSED to answer that question - after I raised that she neglected the repairs.

Can I appeal if eviction note comes, with;
1) already having an agreement to move out and repay;
2) her doing this "change" because I raised that she neglected repairs and didn't drop this after a) agreement was reached and b) she threatened she can evict me on court?
3) Hopefully by then the council will inspect the property and the undone repairs and illegal pipe connections....

[QueenAnne]

Re: Overflowing pipe

Where possession is sought under Section 21, an accelerated procedure can be used which is a straightforward and inexpensive procedure for getting possession of your property without a court hearing.
In most cases using this procedure the court will make its decision on the papers, and can order possession to be given up within 14 days unless exceptional hardship would be caused, in which case the maximum time that can be allowed is 42 days.
You can only use this procedure if you have a written tenancy agreement and you have given the tenant the required notice in writing that you are seeking possession. You cannot use this procedure if you are also claiming rent arrears.

HERE: https://www.gov.uk/gaining-possessio...rthold-tenancy

Am I understanding correctly that if she claims for arrears she cannot use the section 21 eviction process? So she HAS TO have a court hearing now?

Also - is it correct that if I make payment, she has to issue a NEW Section21 notice? (The notice includes a breakdown of 'arrears'...) - does this have to be partial or full payment?
If I make payment to reach the "below 2 months" of arrears at least, can the eviction Section 21 notice be with 2 weeks' of deadline like it is now?

[QueenAnne]

Re: Overflowing pipe

Hi,
Thinking this through, the two options I could live with are;
1) the agreement we have reached that I move out by 30 Sept was good for me, and I did consent to full repayment BUT I sought the compensation which I intend to seek still (now based on the hopefully upcoming council inspection.)
2) If that's no option and she means to seek eviction order after 10 Aug, I mean to appeal and take it to court so I can counterclaim for the damages of the non-repair and not maintaining the property as it should've been, causing financial damage and putting my health in danger.
Is the tenant ALWAYS contacted when a claim is filed for accelerated possession (to appeal within 14 days)? (that is, even if no money is claimed... is that possible if grounds 8/10/11 are used?)

I absolutely have no issue with the second option if needs be, I claimed on court last year. I know I can repay BEFORE court hearing and I'd still have my counterclaim on court with the inspection from the council.
That said, Obviously I prefer the first option, I don't want the headache. It's so silly, she knows I won a court case last year without solicitor (and without even legalbeagles.... tho it'd been so much easier with you guys) ... she should know that I'll dig into the law if I have to and defend myself.

[QueenAnne]

Re: Overflowing pipe

Hi Guys,
I know I write a lot and my questions get lost within my ramblings of what to do, can you look into these for me and give an opinion? Thanks a lot

1)
Can I appeal if eviction note comes, with;
1) already having an agreement to move out and repay;
2) her doing this "change" because I raised that she neglected repairs and didn't drop this after a) agreement was reached and b) she threatened she can evict me on court?
3) Hopefully by then the council will inspect the property and the undone repairs and illegal pipe connections....

2)
Am I understanding correctly that if she claims for arrears she cannot use the section 21 eviction process? So she HAS TO have a court hearing now?
Also - is it correct that if I make payment, she has to issue a NEW Section21 notice? (The notice includes a breakdown of 'arrears'...) - does this have to be partial or full payment?
If I make payment to reach the "below 2 months" of arrears at least, can the eviction Section 21 notice be with 2 weeks' of deadline like it is now?

3)
Is the tenant ALWAYS contacted when a claim is filed for accelerated possession (to appeal within 14 days)? (that is, even if no money is claimed... is that possible if grounds 8/10/11 are used?)

PS - I wrote a one liner to her yesterday asking for clarification since the letter is contrary to her previous agreement with me (to highlight that she's playing with me, but also since maybe she just sends the notice in preparation since it's required before court eviction and this enables her to start that at any time after 10 aug..)

[QueenAnne]

Re: Overflowing pipe

[bump] please?

[QueenAnne]

Re: Overflowing pipe

Hey,
SERIOUS ISSUE with this whole thing...

I realised the S21 notice is deliberately lying.

Into my 3rd month I notified the landlord that I withhold 50% of rent for every month I live in the conditions of no door lock and infectious and not liveable property, slugs in the bathroom etc.
This generated £1500 deduction: I paid £2000 at the time so I had a month not paid with Landlord consent. Then I would've had another month unpaid instead of £1000 due to living into the fourth month with this and having the contractors preventing me from my possessions on some days, or using the bathroom on others. I told her I will not pay this and she consented (Stupid me, I didn't write it down.)

The S21 says this:
- I have not paid rent for 2 months in these months and got into arrears right there,
- It lists at the end of the counting that there was a £1500 deduction.

It represents as if I;
- was in rent arrears throughout my tenancy the whole term which is not true, I got into arrears in the spring and summer 2013.
- received AT THE END OF TENANCY a discount, which again is not true, but it I presume is like this to create the false impression that I pursue a claim of recompensation for damage by negligence to carry out repairs when I did receive such recompensation - although the truth is, that I did not receive any care once the paintings were done at the time. I started paying rent after on 100% and was not in arrears but the S21 is deliberately painting me as a really bad tenant continuously in arrears, and unappreciative.

I raise this to the landlady, but any advice? Can I be evicted on an S21 deliberately lying about me and my payments?

PS - Landlady had no agency at all before but S21 was sent by this agency: http://www.landlordaction.co.uk/site...FRMRtAod_loAtA
Their site looks "promising" in terms of they can even do miracles for landlords and claim to be the best in their field, it's all "just another day working hard for landlords" for them.

[QueenAnne]

Re: Overflowing pipe

http://www.landlordzone.co.uk/rent_a..._evictions.htm

If I receive a ground 8 notice is it true that the accelerated process for possession order cannot be used? Eg either S21 and 2 months notice period then accelerated order without hearing; OR ground8 notice, 2 weeks notice period and then hearing...
Thank you!

[QueenAnne]

Re: Overflowing pipe

anyone knowing an independent company (not the council) to do an inspection of the flat?
Also noting they might become expert witness later.

The council allocated me to a woman who seemingly can't care less. Today I called in and after the initial wonder that I haven't got a call yet by the callcenter boy (same who logged my case), I could leave a VM to this lady with my number - which she didn't bother to try calling.
I'll leave her another VM tomorrow. And the day after tomorrow, and so on. I have to move out end of Aug so she better hurries.