landlord intends to seek possession

[bozie69]

hi my landlord intends to seek possession on grounds 8 ,10,11 in schedule 2 to the housing act 1988 amended by the housing act 1996.the thing is we reported (to the letting agey) damp on the walls and the kitchen celing came down in sept 09 and before christmas our house was a mess its now april 10 and still done nothing about it.we held the last 2 months rent and dont plan to pay this next months has he still wont do the jobs has now he said because we have arrears in rent.when the boiler broke it took him over 2 weeks to repair this with a new one and he has a very good business and he bought a old house repaired it the works all done up nice now sat there waiting to be sold yet he ignores our crys for repairs.do we have rights to stayt in the home and refuss rent till he has done the repairs or does he get away scott free.

[jb190281]

if he intends to seek possession on ground 8 (and nothing else), you will definitely be ordered to leave if the landlord can prove breach of contract. so under ground 8, all he has to do is prove your rent arrears in court.

so basically, even if he has given you notice, for example expires 31st May, you can remain in the property until he has gone to court to get a possession order. chances are tho, he will get possession pretty quickly under ground 8

[themas]

That is correct. If rent is 2 months in arrears (& remains so on the day of the Court hearing) the Court has no discretion - you will be evicted.

Withholding rent because of failure by the Landlord to repair can only be done after you have gone through a fairly long & complex procedure. Go to your local CAB for advice about this, or contact Shelter.

[jb190281]

Shelter would be a good option, or your local authority will have a housing department specialist section

[bozie69]

wow guys thanks for your speedy answers.all thou it now seems very clear we took the wrong route in trying to get him to do repairs he walks away free.

[themas]

1. If you don't want to lose the house you must pay all rent due before the hearing date (& make sure it is paid in a way which means it is in the Landlord's account - don't pay by cheque as he can claim that it is not paid if he fails (or decides) not to bank the cheque). Note that being evicted could adversely affect your ability to rent elsewhere if a reference was required.

2. Ground 8 is mandatory so if you are 2 months in arrears on the hearing date the Court has no discretion - they must order eviction. Grounds 10 & 11 are discretionary - 10 is simply that there are rent arrears (however small); 11 is that you have consistently failed to pay rent even if there are no arrears at the date of the hearing.

3. If you don't want eviction pay up & negotiate with the Landlord to withdraw the case (he is bound to want you to pay the Court costs as well). If he won't then the hearing would only be on Ground 11 & you must attend Court & explain why you withheld rent (with evidence - photos of damage, letters you have sent the Landlord about it, notes of phone calls etc.). Hopefully the judge would understand & refuse to order eviction.

4. You must not let the Landlord "walk away free". He is responsible for getting the repairs done. There is a procedure you must go through before you can (if he fails) do them yourself & claim the cost back. Do go to CAB or Shelter for advice on this.

[Peter Pedant]

.

give up and get another tenancy in another house with another landlord


the house sound a wreck


can we stay in the house, not pay rent and get him to fix things pronto ?
that is a different thing



as for does he get away, scot free, punish him for this that and the other,
look, he landlord, you tenant,
I really feel you should get another landlord, and he should get another tenant.
it is obvious to me that the landlord - tenant relation has broken down irretrievably so parting of the ways is inevitable. The only q is when.
going now means that you can set the end of the tenancy - that is you are in control

if you get him to evict you, it means that you leave within fourteen days, and he is in control. getting a new tenancy at fourteen days notice without a reference may cause you problems.


at this point, honestly it is your choice - but it is clearly time to go.

[bozie69]

well guys thanks for all you help but today i went cab and they reckon pay they rent has i have the rent but just withheld it.get it in writing that he is willing to drop the court claim and hope he does the jobs if he fails this might buy time to get money for new place shame has am sick of moving my kids about in space of 2 years we have moved 4 times was thinking this would have been last move but not to by looks of it.once again thanks for all your help :D .

[cassa333]

Get the work done and give him his rent less the cost of the repairs.