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ive been a private tenant (this is my 11th year) my landlord…

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i've been a private tenant...
i've been a private tenant (this is my 11th year) my landlord now wants the prpoerty back to refurbish. He also owns the property next door, which he has just refurbished after neighbours from hell moved out. I had to deal with the council myself for most of the year regard them he only wanted my help when the music affected his son in their shop downstairs. Even though i had a year of hell, not wanting to go back to my flat, also it has cost me a life of one of my cats from the stress and another one becoming ill costing me £1350.00 in vet bills. He told me once the flat next door was ready I had to be more tollarant. I've been to the council but even though i'm registered disabled, because i work i can't get ant help. But if I had kids that would help me, but I chose being able to walk than having kids. I'm trying to find the money to move, but it's hard when I have all my own furnishing including white goods. The nice lady at the council told me that was my problem and much to say I should get rid of my cats who are my life line. I really don't know what to do, i really need some advice. Since i've moved into this property i've decorated, put new carpet down, been waiting since last year for a new floor in the kitchen, also got new work tops cut to size. which are now being dumped. when work started on the property next door got a problem with bugs. the landlord didn't want to know, i had to sort it out. I've had two gas checks in 11 years, and they were only because he got a new workman. The second of them was only last week, had to find a plumber when the boiler broke. bought my own cooker cause the one in the property was broken.
Submitted: 8 years ago.Category: UK Law
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6/29/2010
Solicitor: Joshua, Lawyer replied 8 years ago
Joshua
Joshua, Lawyer
Category: UK Law
Satisfied Customers: 26,167
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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What exactly is it you want to achieve please?
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Customer reply replied 8 years ago
do i have to move out straight away, or do I have any rights.
Solicitor: Joshua, Lawyer replied 8 years ago
Did you move in before February 1997 - I suspect not but needed to be sure.
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Customer reply replied 8 years ago
since this is my 11th year i suspect your right.
Solicitor: Joshua, Lawyer replied 8 years ago
OK if you're sure about that it puts you in there around 1998/1999.

In that case you have an express or implied assured shorthold tenancy. Have you ever renewed the tenancy or is it s statutory periodic tenancy now (month to month)?
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Customer reply replied 8 years ago
when i first took up the tenancy the landlord knew i wanted long term, and it is renewed every year.
Solicitor: Joshua, Lawyer replied 8 years ago
OK. So final questions. Has your current tenancy agreement's fixed period expired yet? If not when does it expire?
Which day of the month is the rent paid?
Has the landlord served any kind of notice on you yet to vacate?
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Customer reply replied 8 years ago
the tenancy expires on the 22nd August, i've received a notice of possession. I pay my rent in cash to him either on the 22nd or 23rd of every month
Solicitor: Joshua, Lawyer replied 8 years ago
OK unless you received the notice before 22 June 2010 it is invalid.

I mention this in case it gives you any leverage: Breaching Gas safety regulations is a serious offence. THe law requires the landlord to:
* Ensure that fittings and flues are maintained in a safe condition.
* Have a safety check carried out on all gas appliances and flues annually, or within 12 months before the start of a new tenancy.
* Check gas installations and appliances immediately before the start of any new tenancy, even if a safety certificate is still current.
* Have all installation, maintenance and safety checks carried out only by a Gas Safe Registered Engineer.
* Keep a record of each safety check for 2 years - the Gas Safe Registered Engineer will issue this.
* Give a copy of the Gas Safe Registered Engineer safety check report to each existing tenant within 28 days of the safety check, or to new tenants before occupation. There is an option to display the record in holiday lets etc.

  • Breach of the regulations is a criminal offence with the Health & Safety Executive empowered to bring proceedings.

  • Landlords and/or managing agents can be convicted for non-compliance.

  • The standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.

  • In the most serious cases charges of manslaughter could be brought.

  • Insurance cover could be invalidated for non-compliance to the regulations.


  • Breach of the regulations is a criminal offence with the Health & Safety Executive empowered to bring proceedings.

  • Landlords and/or managing agents can be convicted for non-compliance.

  • The standard penalty is a £6,000 fine for each item and/or 6 months imprisonment.

  • In the most serious cases charges of manslaughter could be brought.

  • Insurance cover could be invalidated for non-compliance to the regulations.

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Customer reply replied 8 years ago

both the letter and notice are dated the 1st june. also i never got a copy of the gas check. 2008 or 2010. so your saying even though he has broken the law, and made the last two years of my life hell he wins!!!!

Solicitor: Joshua, Lawyer replied 8 years ago
No he is in breach of regulations and therefore facing possible serious trouble as above.

But if you are asking if you have security of tenure based on his failure to follow regulatory requirements then I regret that is not the case. Unfortunately with assured shorthold tenancy the landlord is entitled to recover possession.

I am afraid you do not say how / why he has been making your life hell - I see you refer to it in your original post but do not go into the facts. He is required to allow you to peaceably enjoy the property and not to harass you. If he has been failing to do so he may be guilty of a criminal act under the Protection From Eviction Act and liable to pay you compensation.
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Customer reply replied 8 years ago

the last neighbour, was suppose to of been a single tenant, but had both her boyfriend and his cousin living in the flat. the council was paying her rent. she also worked 3 to 4 days a week uptown and claimed uneployment.

Sat, mon, wed,fri they used to go clubbing, on return the music woud be loud from 2:30 in the morning to maybe 6 sometimes only going off when the shop opened at 9. This was at the beginning. I approached my landloard and he did nothing i warned him they would be trouble, and that was how the year carried on. My father then had to have life saving operations so i was working mon to fri travelling to canterbury on a saturday then going into work on the sunday. It got so bad that i didn't want to go home, cause i never got any peace, because he didn't want to know i went to the council who couldn't help at first cause you had to have two people call about the complaint of noise. If there wasn't music then all you heard was arguments, this is how i found out she was working, he had been in prison (this was when only the cousin was there) that she had all the money, and with the help of the workman who worked for my landlord found out she used two names. The noise control department then helped plus i reported her for benifit fraud. My landloard only got involved mainly because the council stopped paying her rent, and that the music was now being played during the day. My landlords son runs the chemist downstairs,he then started asking me to phone the council so they had two calls, but the music always went off until the shop shut then i would get it the rest of the night and morning. But when i needed them to phone i was always told they were to busy. in the end the council gave me a password, because once the shop was shut it wasn't their problem anymore (landlord). not only did i suffer ill health, my work suffered,and two of my cats got ill, which led to me losing one of them, this was all down to stress and it cost me money i didn't have.

Solicitor: Joshua, Lawyer replied 8 years ago
THese were your landlord's tenants? Can you prove any of the above - I assume there is documentary evidence of your complaints to the council etc?
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Customer reply replied 8 years ago
Yes plus i had to keep a diary, i had two council officers who came at night to witness the noise and vibration. a couple of months later the police and child services went to the chemist asking about the last tenants too. the landlord then refurbished the flat even putting in sound proofing and told me he would show me the flat when it was done. I told him i was just glad it was quiet again. which he told me i had to be more tollorant, to which i walked away cause he wouldn't of liked my reply. he's put the rent up next door, then out of the blue he now wants to refurbish my flat to rent out for more money cause it is slightly bigger.
Solicitor: Joshua, Lawyer replied 8 years ago
Yes as I say you can't stop him evicting you because you do not have security of tenure but as well as the above advice I would suggest that as it was in his power to do something about the situation, he has failed in his statutory duty to allow you to peaceably enjoy your property.

As a result I think you could attempt a claim for compensation by way of rent reduction over that period - potentially a significant amount dependent upon the level of the noise and distress caused.

Obtain copies of the councils reports and other documentary evidence and go and see a solicitor specialising in landlord and tenant matters who can assist you with a claim or you could pursue a claim yourself in the County COurt.
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Customer reply replied 8 years ago
with regards XXXXX XXXXX gas (sorry) because he has a certificate for this year does that mean he's now in the clear and only has to carrying on from now.
Solicitor: Joshua, Lawyer replied 8 years ago
He is still liable to penalties for previous years - the law is not pick and mix. He is responsible to you throughout the tenancy. The Health and Safety Executive may decide to take action or you could look at a private prosecution in the magistrates court potentially
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