If you have a serious complaint your Landlord cannot evict you for 6 months!

If you have a serious complaint your Landlord cannot evict you for 6 months!

10:19 AM, 2nd October 2015, About 9 years ago 29

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As a follow up on the recent articles on the new regulations that came into force as of the 1st of October the following statement on the booklet to be given to all tenants: “How to rent- the checklist for renting in England” is causing a great deal of concern.

It says, “If you have a serious complaint that has been checked by your Local Authority, your landlord cannot evict you for 6 months and must repair the fault”

Please see Paul Shamplina’s article on Property118:

New regulations and retaliation eviction – can the councils cope?

A snapshot of this part of the booklet is below and the whole booklet can be found by clicking here

If things go wrong

Is this is an ill thought out reaction to protect tenants from retaliatory evictions and what does it mean in practice?

The legislation emphasis is for tenants to raise repair issues first with the landlord or agent, who must then give a timely response.

However, the guidance indicates that if a local authority has served an enforcement notice or emergency remedial action notice then a tenant will be provided with protection from eviction for six months from the date of notice irrespective of whether they have first raised the issue with their landlord.


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Comments

wanda wang

22:27 PM, 4th October 2015, About 9 years ago

The law is not just an ass; the whole system is just shamble, the person who is sitting at the top in charge of justices is blind either, I can’t see them making a sensible decision.
We can express our frustration and angry in this forum, but what can we do?

Paul Franklin

9:38 AM, 5th October 2015, About 9 years ago

The only way a tenant would get any rent free period wanda wang is if you stopped charging them rent.

Robert M

20:00 PM, 5th October 2015, About 9 years ago

Reply to the comment left by "Paul Franklin" at "05/10/2015 - 09:38":

Although not a "rent free period" in theory, if the person is unemployed and decides not to pay rent (or claim Housing Benefit), then the landlord can still charge rent during the period when they cannot evict the tenant (using s21) and yet would have no effective means of getting that money as there is currently no effective enforcement method for this type of client (i.e. one with no assets and no job).

I do of course realise that there is still the option of using the s8 Notice procedure, but as it often takes a couple of months to get a possession hearing, then the court gives the tenant 28 days to leave, then if they don't leave the landlord has to apply for bailiffs which often takes another 6-8 weeks, the whole process could take 4 - 5 months (assuming no adjournments) to get the tenant out. Throughout that time they may not be paying rent, and there is no effective enforcement of the debt order, so in effect it could be a 5+ month rent free period. (the process may take less time, or more time, depending on the court in the landlord's area).

And of course, the tenant could be smashing up the house and causing all sorts of anti-social behaviour, while the legal eviction process slowly winds its way through those 5 months of legal proceedings.

wanda wang

20:06 PM, 5th October 2015, About 9 years ago

Reply to the comment left by "Paul Franklin" at "05/10/2015 - 09:38":

Well it is all very well said that, have you heard someone said to recover your unpaid rent it is like get blood out of stone. I had county court bailiff and High court bailiff, waste time and money, now attachment of earning; although the court order the £150.00 a month, but I knew it won’t be smooth ride.

20:37 PM, 9th October 2015, About 9 years ago

A song comes to mind, how does it go,... " There may be trouble ahead la la la. " ;- )

11:35 AM, 17th October 2015, About 9 years ago

Yes something is very wrong in this country,rules and regulations dont protect landlord at all,tenants got it all and hard working landlord that worked all their lives have no rights. I know the case where tenants wanted to go for council property and asked landlord for eviction letter. Landlord said that if they will move out he might as well put property on the market but they will be moving back to the property,as this is only home they have, and then when property is sold they will move on as husband is 60 and he is in army now and has to stop working. As they had good relationship with tenants they trusted that they will do right think. When 3 months is nearly up and house has been sold in first 6 weeks tenants changed their minds. Now they where advised by council to stay in the house before they where evicted by bailiffs. Landlord got in touch with the council and told them that on date they move out container with personal possessions will be arriving and he wants them out. Then council treated them like criminals and ask for shipping prof of their container as well as proof of plain tickets.Why do hard working people have to spend any money to evict the tenants?....i think that is so wrong,as tenants where in private let why no stay in private let????? I really think something is no right in this country and i ...i feel so sorry for my friends, they are very humble people and now they have to go through all this...Any views on this case will be appreciated ......

19:16 PM, 17th October 2015, About 9 years ago

DOES FORGED AST AND FORGED SALES AGREEMENT BY SARB LANDLORD CONSTITUTE AS SERIOUS COMPLAINT

23:02 PM, 17th October 2015, About 9 years ago

I HOPE PREVIOUS COMMENT IS NOTHING TO DO WITH MY STORY

Rob Crawford

11:42 AM, 20th October 2015, About 9 years ago

This all needs to be tested through the courts...... any volunteers?

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