UK Landlord Forum / Life

Please help me....I'm a tenant and have been issued a section 21 I know that it's because I got environmental health involved as iv been asking for repairs to be done for over 2 and a half years on the property ie radiators are rotten and leaking my pressure on boiler drops constantly, radiators make a racket boiler is loud etc... There is a issue with risesing damp and condensation damp due to different radiator temperatures I have done my best to keep on top of all the mould etc we have done our own repairs as he wouldn't and not asked him for a penny we have decorated his property sometimes for our own taste or because we had no choice due to the mould coming through on to the wallpaper. I have been in and out of hospital for the last few years as to been in pain or needed surgery which on them months we fell behind with rent as my husband had to take time off work to look after the kids and me when I came out of hospital  but we always tried to make payment of our arrears he has never had an issue with rent arrears until environmental health got involved he's now asking for all rent arrears to be paid in full and the last 2 months of our tenancy. he is not willing do any repairs because we owe rent but how can I pay him arrears if he wants me to move out my family of 7 will be homeless all because he would not maintain his property even though environmental health are involved and they said if he does not do the repairs and we leave it's not fit to be let out until they are done, my landlord has not done any safety cheaks on the property since we moved in the reason he now won't do any work on maintains his property as we owe him a few rent payments. Now he did not protect our bond money it's been 4 years we have asked him to put it in a tds  and try to come to a compromise so we can still live in the property as we have put thousands of pounds over the years to make it nice for us and our family. We have to run however for 20 mins as it just runs cold before water goes warm that's even with running  all the taps  in the house we are cold as can not have heating on high and and radiators are leaking I don't put them on my ddaughters can't stay in their bedroom as the mould is that bad you can smell it income room and their bedroom radiator is leaking into my Livingroom as it's the pipe that's broken and we have to empty a large amount of water every few hours the list goes on what do I do please advice me where you can.

If your Landlord has issued you with a Section 21 and follows-through on the process, you will eventually be evicted. That is black-and-white. There is no defence against a Section 21 for a Tenant. Likewise, a Landlord needs give no justification for serving one. It might be related to the things you say, it might not.

If the Landlord will find it difficult, or impossible, to let the property again once you have left then that becomes their problem. It could be that the Landlord wants to undertake a programme of refurbishment on the property and this can only be done on an empty property.

However, if you paid a deposit and it was not placed into a deposit protection scheme and you weren't served with certain information about that being done, the Landlord certainly has a case to answer. Normally I would advise people check each scheme themselves to validate they hold no deposit, then write to the Landlord and try to reach a settlement before going to Court.

I would concentrate on ensuring you have somewhere to live, though, first... and this means you should be looking out there.

It's important to realise that a Landlord not doing repairs does not give Tenants the right to withhold rent. You do realise that you are in arrears, but you do not say how much by. It is also important to realise that Tenants should not be doing their own repairs, or deciding on decorating options, without the Landlord's consent. Apologies, but from what you say yourself, it is easy to get an understanding of why the Landlord might want to evict you.

We did get his consent he always said if my husband can do it,plastering taking a rotten electrical socket off and replacing it as he didn't have any money we did a good gesture and did it.we always asked him before we did anything else example decorating I have not held the rent back  my husband emailed him saying we would pay 275 a week towards rent and arrears our arrears are £4234.00 ish he refused our offer  I can not pay him more than £400 extra a month and I certainly can not pay him everything in one lump sum.I have never said I would not pay him I said it will be hard for me to pay the amount he wants, plus find some where else to live in never kept rent back because he's not done his repairs but only because iv not had the money to pay him as I was in hospital aloe last year iv alway paid him any arrears off where I can in one lump sum.yes the only thing is not done is pay rent, what about him braching his side to, not doingvthe repairs, no safety cheaks, not letting us live in a property where we can enjoy our home.

You say the only thing you've not done is pay the rent. This is the main thing a Tenant should do. You are over £4,000 in arrears. In a property that I let out that would be almost a full year!

Yes, there are obligations on both sides and some may have been broken, on both sides.

The main point I want to get over to you is that if the Landlord progresses the Section 21 through to its conclusion then you will be evicted, there isn't anything you can do about this. The other stuff you mention simply doesn't matter. You can't defend against the Section 21 at all. However, if the deposit was not protected (and you need to be sure about this, so check properly) then the Section 21 that was served is not valid and it won't progress through Court to become a possession order. The Landlord would need to correct their mistake with the deposit before a valid Section 21 can be served.

Hope that helps?