Rental Eviction
Discussion
My girlfriend received a letter from the courts this morning indicating she was expected in court on 9th May to be evicted from her property (facts are a little sketchy right now as I gleaned them over the phone). From what I can ascertain (she is a bit pissed) the reason being her cat will destroy the house (there is no "no pets" clause in the contract).
Now when she moved in last September, there was an inventory to beat all inventories and within was a huge list of repairs required (leaking roof, broken shower, dangerous electrics, sodden plaster etc.). None (I repeat NONE) of this has been attended to despite numerous calls to the rental agents and to be quite honest if her cat had gone haywire (it is more docile than a docile thing on planet docile) you wouldn't be able to tell!
I read on another thread (which I couldn't find else I'd have tagged this on there) this morning that there maybe legal recourse open to her. Given I have no experience of this, I wonder if those in the know might offer some advice.
Thanks - Nev
Now when she moved in last September, there was an inventory to beat all inventories and within was a huge list of repairs required (leaking roof, broken shower, dangerous electrics, sodden plaster etc.). None (I repeat NONE) of this has been attended to despite numerous calls to the rental agents and to be quite honest if her cat had gone haywire (it is more docile than a docile thing on planet docile) you wouldn't be able to tell!
I read on another thread (which I couldn't find else I'd have tagged this on there) this morning that there maybe legal recourse open to her. Given I have no experience of this, I wonder if those in the know might offer some advice.
Thanks - Nev
- Who is the letter from and what does it say?
- Did she knowingly break the terms of the tenancy (is there really no "no pets" clause)?
- Why did she enter into the tenancy given the list of problems?
- What has she done in the last EIGHT months to raise the problems found other than phone calls?
- What do you mean by "legal recourse"? Compensation?
- The deposit will be held in a registered scheme, the letting agent cannot simply "not return it". Would she liked to be chased through the courts for that too?
- Did she knowingly break the terms of the tenancy (is there really no "no pets" clause)?
- Why did she enter into the tenancy given the list of problems?
- What has she done in the last EIGHT months to raise the problems found other than phone calls?
- What do you mean by "legal recourse"? Compensation?
- The deposit will be held in a registered scheme, the letting agent cannot simply "not return it". Would she liked to be chased through the courts for that too?
Edited by UpTheIron on Tuesday 12th April 12:18
No issues with payment of rental, no issues at all - Definitely no "no pets" clause - previous had a massive hound thing (and still have not had their deposit returned!!). Details are sketchy as I just got off the phone to her as she was rushing to CAB.......
Property is "w
k" as you put it, she's moving in with me shortly (this was a stop-gap whilst I renovated my place).
Really nothing covert here - Not sure who the letter is from, will find out later.
Property is "w
k" as you put it, she's moving in with me shortly (this was a stop-gap whilst I renovated my place).Really nothing covert here - Not sure who the letter is from, will find out later.
UpTheIron said:
- Who is the letter from and what does it say?
- Why did she enter into the tenancy given the list of problems?
- What has she done in the last EIGHT months to raise the problems found other than phone calls?
Properties are at a premium (even bad ones!!). Never on the market for more than a few days - Needs must etc.- Why did she enter into the tenancy given the list of problems?
- What has she done in the last EIGHT months to raise the problems found other than phone calls?
Edited by UpTheIron on Tuesday 12th April 12:18
Environmental health are aware but even that seems to take an age to get sorted
Your girlfriend should consider either contacting a local Shelter Housing office, Citizens Advice Bureau, or the local Council’s Environmental Officer, the latter of which will, if they find health & safety hazards, issue a Health & Safety Hazard Rating Notice on the landlord.
It sounds to me that your girlfriend is better out of the property, and by attending the Court hearing, with either photographic evidence of the poor conditions of the property, a copy of both her original Tenancy Agreement, the inventory taken at the time of taking up the tenancy, together with a record of her telephone complaints calls to the LA.
If the position is as the OP has stated, then with the above evidence, and a clear voice/mind when giving evidence, then the OP’s girlfriend will find the Court will act in her favour.
Lastly, the Deposit should be protected, and if the girlfriend has not already received proof of the same, then a request should be made in writing to the LA prior to the Court hearing, with a failure to supplying the same, being offered in evidence at the Court hearing.
It sounds to me that your girlfriend is better out of the property, and by attending the Court hearing, with either photographic evidence of the poor conditions of the property, a copy of both her original Tenancy Agreement, the inventory taken at the time of taking up the tenancy, together with a record of her telephone complaints calls to the LA.
If the position is as the OP has stated, then with the above evidence, and a clear voice/mind when giving evidence, then the OP’s girlfriend will find the Court will act in her favour.
Lastly, the Deposit should be protected, and if the girlfriend has not already received proof of the same, then a request should be made in writing to the LA prior to the Court hearing, with a failure to supplying the same, being offered in evidence at the Court hearing.
She went to CAB yesterday (5 min 'consultation' lasted 45 mins!). They were horrified! Saw the summons letter myself last night - It is for not paying the rent and is bought by the landlord not the letting agent (odd?). We have bank statements proving all rent is paid and up to date - It really is quite bizarre so I will enjoy getting all the documentation together and putting together a rapier-like communication to the courts!
nevgroom said:
We have bank statements proving all rent is paid and up to date - It really is quite bizarre so I will enjoy getting all the documentation together and putting together a rapier-like communication to the courts!
nevgroom said:
Ironically, at the weekend we had decided to start witholding rental payments primarily because the letting agents are renowned for not returning deposits (girlfriend moving in areound August time).
nevgroom said:
She went to CAB yesterday (5 min 'consultation' lasted 45 mins!). They were horrified! Saw the summons letter myself last night - It is for not paying the rent and is bought by the landlord not the letting agent (odd?). We have bank statements proving all rent is paid and up to date - It really is quite bizarre so I will enjoy getting all the documentation together and putting together a rapier-like communication to the courts!
I'm confused as to what you expected the landlord to do when you started withholding rent.No rent = start legal proceedings until paid or you're/she's gone.
anonymous said:
[redacted]
Absolutely not - Why does it have to be so? Quite simple in my book - In our area, property to buy or rent is at a premium - She had to move into a new rental last year as her exisitng landlords were moving back to the UK. The property she moved into was the only property in her budget in the area - Yes there were problems on the inventory but nothing major (all niggles). A number of problems surfaced after she moved in (leaking roof which dripped onto her bed, dangerous exposed wirning in the bathroom just 2 examples). Frankly we've not bothered too much as she is moving in with me soon and has spent most weekends with me so it is borderline bearable. The summons was I guess the straw that broke the camel's back............So, let's get off looking for some sort of conspiracy and perhaps profer advice if available.
Thanks
nevgroom said:
Frankly we've not bothered too much as she is moving in with me soon
So eviction is not an issue then; it will save her giving notice 
nevgroom said:
The summons was I guess the straw that broke the camel's back...
If the charge is for 'not paying rent' and you can prove you have paid it, you will win and the other party will look stupid. Either they ARE stupid, or something isn't adding up.nevgroom said:
She went to CAB yesterday (5 min 'consultation' lasted 45 mins!). They were horrified! Saw the summons letter myself last night - It is for not paying the rent and is bought by the landlord not the letting agent (odd?). We have bank statements proving all rent is paid and up to date - It really is quite bizarre so I will enjoy getting all the documentation together and putting together a rapier-like communication to the courts!
If it is for non payment of rent and the money has definitely been taken from her bank account then surely you should confirm with the letting agent that they have received the rent? If yes, then get them to confirm that they have been paying the rent to the landlord.As a landlord (so allow for my obvious bias), I would also say that deliberately withholding rent in case the deposit is not returned would be a s
tty thing to do to the property owner. Do not do that. Perhaps there was a reason for the previous tenants not getting their deposit back.matsmith said:
If it is for non payment of rent and the money has definitely been taken from her bank account then surely you should confirm with the letting agent that they have received the rent? If yes, then get them to confirm that they have been paying the rent to the landlord.
That is the next obvious thing IMHO.If the court summons is a Small Claim then to have a hearing date she must have defended the claim (in order to warrant a hearing), so it can't have been a surprise.
Edited by Simpo Two on Wednesday 13th April 13:37
Simpo Two said:
If the court summons is a Small Claim then to have a hearing date she must have defended the claim (in order to warrant a hearing). It costs about £75 to defend a claim. So it can't have been a surprise.
Must be the claim then and not a summons as this is the first we have heard of itGassing Station | Homes, Gardens and DIY | Top of Page | What's New | My Stuff