Retaliatory eviction – possibility of civil litigation?

Retaliatory eviction – possibility of civil litigation?

15:55 PM, 12th August 2013, About 11 years ago 74

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We’re a professional couple with a limited company which provides a technology solution to the NHS. It suits our circumstances to rent at this moment in time. Retaliatory eviction

We had a 4-year rental of a lovely apartment until last Summer, when the owner decided to downsize and move back into the property. It was a good relationship, we had treated the property as if it had been our own investment and we parted as friends – with our deposit paid back in full.

After much searching we found a 3-bed town house which appeared to offer us everything we needed. The letting agent was a member of NAEA/ARLA and appeared to be respectable. There were some agreed remedial works to be dealt with and we were given assurances that these would be attended to in due course. We moved into the property in late August 2012.

Sadly, by the beginning of November, it was apparent that the property had some significant problems. There was extensive water penetration upstairs and a rising damp problem to the ground floor. The letting agent was informed immediately, with photographic evidence and a request for urgent assistance. We moved our furniture from the 3rd bedroom.

A ‘trades-person’ appeared in due course, with a notepad and pencil but with no damp meter. A report was promised, but was not forthcoming. The letting agent promised to send another contractor. This one only worked weekends and couldn’t agree a time to call; that visit never took place.

I called the landlords contractor to arrange the remedial work to be completed – missing doors, exposed wires, etc. He visited early November, measured up, made notes, promised to return – but failed.

We spent the most horrendous Christmas and New Year in the house. There was serious damp penetration, black mould which was constantly being removed. Slugs were climbing the walls. The house was very cold and the more that we heated it – the worse the damp became. We telephoned, wrote, sent photographs, yet the letting agent did nothing; there were plenty of replies – unbelievably stating that they were attempting to do everything as quickly as possible. We initially resigned ourselves to getting out of the house at the end of our AST.

In early-February, I wrote the strongest letter to letting agent with photos. A survey was made by Peter Cox, a pretty damning report which agreed with our complaint – serious damp and rain penetration. I wrote again, asking for compensation and a reduction in rent. This was refused. The letting agent had said that the landlord was absent; it transpired this wasn’t the case.

We tracked the landlord down and demanded a meeting. The landlord appeared, agreed with us in full and said that it was the first he knew of the problem. He agreed that we should be compensated and that this was the letting agents responsibility. Our landlord sat in our home, apologising and promised us both that this would be resolved. He remarked how clean we kept the property. The next day he had changed his mind and said that our grievance was with the letting agent. The following day – the EHO (Environmental Health Officer) inspected. That week, the missing doors and exposed electrics were attended to. We sent 2 requests to the letting agent, for the landlords address – these were refused.

A week later we received a section 21 notice to quit. The landlords address was given as c/o a family member in the South – presumably to thwart a legal action by us.

It turned out that the landlord had known of the problems. He’d applied for a grant for roof insulation, in my name – without my knowledge – and prior to our first meeting. It transpired that the letting agents were not members of ARLA or NAEA and we contacted both organisations and Rightmove to get these false affiliations removed. The letting agent claimed an oversight.

We spoke with our MP who has written to the CEO of the local authority, in order to push the EHO. The EHO wrote to the letting agent and the landlord but there was no response. We then began to receive threats from the letting agent to enter the property to inspect and allow viewings; we made a formal complaint to the Police and this is logged with a fast-track number in the event that they continue. We threatened to change the locks and the letting agent replied that this was not necessary.

We defended the section 21 notice on the grounds of incorrect dates and continued to pay the rent. We were not going to be forced out and subjected to costs or inconvenience due to their incompetence. The weather had improved and the house was drying out for the summer and we would tough it out now – having gone through the worst. We have since redecorated all damp affected walls as it is unnecessary to be reminded every day.

Our MP has pushed for resolution; this has mustered a stronger letter from the EHO. There has been no response other than a second section 21 notice. The dates are once again incorrect. The letting agent has put our deposit into a DPS but did not provide the Deposit Protection Certificate or prescribed information until we requested it after five months of tenancy. The prescribed information appears to be incomplete. I doubt that any s21 is valid until deposit is returned and the landlord might be liable for 3x under the Localism Act? Our claim should also be for a reduction in rent back-dated to 11/2012 and should provide compensation for immense stress and upset – particularly to my wife – for the repeated inconvenience, small damage, etc.

We’ve spoken with experts in Landlord/Tenant issues, they’ve seen our file which is very complete and have passed it onto Barristers to evaluate. We have a strong case apparently, but would incur costs of circa £7k to seek compensation/enforcement of duty to repair; we’ve been told that there is little likelihood of being awarded costs – if successful. That’s an expensive ‘point of principle’ for us.

It seems a dreadful situation. We actually like the house and the worst of the problems could be so easily resolved. We must now consider vacating the property before the bad weather sets in again – to remain longer would weaken any case against the landlord and the letting agent. The landlord is inexperienced and his conduct and concern for our welfare has been quite despicable. The promises that he made to my wife and I were instantly forgotten and we would like to do whatever might be done, so that he is taught the lesson.

Please accept our apologies for the long post, is there anything that we could do, other than what the landlord and letting agent expects – that being to vacate and walk away? I feel that someone needs to make a stand here, to create some solid case law if necessary – to protect others faced with similar problems in the future.

Thanks in advance

Roy and Tania


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Comments

Roy and Tania

15:13 PM, 13th August 2013, About 11 years ago

Reply to the comment left by "Ben Reeve-Lewis" at "12/08/2013 - 16:57":

Thanks Ben, I'd be delighted - if you had some spare time.

An update to the OP: In the second s21, LA made the mistake of giving us the LLs true address.

My next thoughts are to drop him a line by recorded post, to suggest that he'll not be successful with an s21 until he returns our bond in full. Possibly even mention the 3x compensation element. I suspect that this would rile him immensely, but might save us the process of fighting to recover our bond at a later stage.

Then, we need to return to the MP, he's only in the next office 😉 He can then apply some more pressure on the EHO to get some progress.

Then hopefully, we might convince someone to support us with a CFA and get a letter before action out to the man.

thanks everyone for the comments, its greatly appreciated.

Roy and Tania

15:19 PM, 13th August 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "13/08/2013 - 14:59":

Thanks Mark, we're aware of this ploy already. Doubt that they have the intelligence to think it through, but I believe that we'd be ready to move out by then if attempted.

Have only just come back into the office. I believe that we have 'partial' contact via Twitter

Ben Reeve-Lewis

15:25 PM, 13th August 2013, About 11 years ago

The landlords aren’t restricted on the rent increase as such but the tenant would have the right to appeal to the Rent Tribunal within a given timescale. If they hold the rent is excessive then the landlord wouldn’t be able to enforce the increase.

Trebling the rent would look like a deliberate ploy that I would expect the tribunal to pick up

Romain Garcin

15:28 PM, 13th August 2013, About 11 years ago

Reply to the comment left by "Mark Alexander" at "13/08/2013 - 15:12":

"My understanding is that right to appeal only applies during the fixed term, not after the tenancy becomes statutory periodic."

Actually s.13 can only be used in a periodic tenancy (statutory or other).
During a fixed term tenancy there cannot be any rent increase unless the contract specifically provides for it.

Ben Reeve-Lewis

15:38 PM, 13th August 2013, About 11 years ago

No they can appeal to the RAC on both as long as the appeal is lodged with them no later than the date that rent increase is to take effect, in the case of section 13 notices it will be a month after service of notice.

They cant appeal if they have already started paying the new rent as payment is taken as acceptance of the new sum.

They cant appeal against an increase in any service charge element of it, only the rent.

An appeal form can be obtained from the Residential Property Tribunal Service in London or their regional offices. Phone number is 0845 600 3178

Sarah Pajger

15:43 PM, 13th August 2013, About 11 years ago

Anon 68, I have to agree with other anon.....is it worth the hassle pursuing this landlord? It sounds like an awful situation to be in, but do you really need the extra stress? I would spend any time or money I had looking at new rental properties or jump on the Governments new "help to buy" scheme in January, buy your own home andbe your own landlord!

Joe Bloggs

11:24 AM, 14th August 2013, About 11 years ago

Reply to the comment left by "Ben Reeve-Lewis" at "12/08/2013 - 17:18":

ive heard bad things about duncan lewis (in hackney) from a few sources. traymans solicitors in hackney do disrepair. im guessing the reason you wouldnt be awarded costs is if it was brought as a small claim? surely otherwise you would if successful. however, a fly in the ointment 'The weather had improved and the house was drying out for the summer and we would tough it out now – having gone through the worst. We have since redecorated all damp affected walls as it is unnecessary to be reminded every day.' is highly suggestive that this is a condensation problem, rather than rising/ penetrating damp. condensation and associated mould fall outside s.11 L&TA unless the proximate cause is disrepair.

Roy and Tania

11:39 AM, 14th August 2013, About 11 years ago

thanks, but the report from Peter Cox (30+ pages) shows extensive rising damp and rain penetration through gable brickwork and eaves/roof flashings.

The EHO was satisfied that our 'lifestyle' - windows opened, vents left open, drying done outside or (rarely) in tumble dryer in garage - was not contributing to the problem.

Ben Reeve-Lewis

11:42 AM, 14th August 2013, About 11 years ago

Bear in mind also that in a recent case law it was established that internal plaster also comes under Section 11 whereas previously it wasnt.

Give Mark you phone number Roy and Tania and I'll give you a call

Roy and Tania

11:49 AM, 14th August 2013, About 11 years ago

Reply to the comment left by "Ben Reeve-Lewis" at "14/08/2013 - 11:42":

thanks Ben, Mark has the number already.

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