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Stuart J
Stuart J, Solicitor
Category: UK Law
Satisfied Customers: 22624
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street practice
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I am facing eviction for non payment of rent. I stopped

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I am facing eviction for non payment of rent. I stopped paying because windows were not fixed properly; no insulation in the property; landlord broke through my ceiling while repairing neighbours flat but refused to fix my ceiling; drugs and cigarette smoke from neighbours continually fill my flat - i'm passively smoking in my flat; neighbours dogs continually bark; neighbour continually play loud music; I cannot sleep; I continually sleep in my landlord disconected my heating over the last two years; I have told my landlord these things but they refuse to fix them.
JA: Does this involve a written or oral agreement? Is it a month-to-month lease or fixed term?
Customer: Wrtten, my landlord is a registerd social landlord.
JA: Has anything been filed or reported?
Customer: years numerous thing have been complained about. Over the last
JA: Anything else you want the lawyer to know before I connect you?
Customer: I was sacked for falling asleep at while working as a temp. So I rented a room so I will not loose my job this time. This has cost me money. I want to clim it bac.

Good afternoon - what is it you want to know please?

Customer: replied 4 months ago.
I am facing evi tion for non paymentb of rent. I want to make a counterclaim because the flat is un-insulated. Neigbours drug and cigarette smoke continually enter my flat; loud music is being played and dogs barking and I cannot sleep. The landlord while making repair in above flat broke through my ceiling and has refused to repair it. My gas has been disconnected for 2years+. I was sacked for falling asleep in my temporary job. Now I have had to rent a small room to save my job, my sanity. I want to make a counter claim.
Customer: replied 4 months ago.
You have it all in a nutshell. Can you help? Is my ground strong enough? Can I force them to put things right and overt eviction and be paid compensation and damages That's what I want. My complaints have gone on for many years.

Thank you.

Your claim for disrepair and their claim for non-payment of rent are completely separate. You are not allowed to offset and not pay rent because you have issues with the landlord.

There is no claim for the flat being uninsulated unless it breaches building regulations.

Your claim for the dog barking is against whoever owns the dog, similarly with the music and drug and cigarette smoke.

You’re entitled to compensation if the damage to the flat made it on habitable or you couldn’t use that room for a while.

I don’t know why the gas was disconnected so can’t comment on that.

Depending on what arrears you are in, I think it unlikely that you would be able to stop the eviction but you would have a counterclaim for breach of landlords repairing covenants but from what you have said, that would only extend to the hole in the ceiling and the gas disconnection if that has led to their being no heating in the property. It would be worthwhile seeing solicitors that deal with landlord and tenant matters to see if they would be interested taking it no-win no fee because you may be eligible for legal aid.

Customer: replied 4 months ago.
Thank you. The gas boiler became unserviceable and dangerous if left connected. So they disconnected. Therefore no heating, no hot water.The drug use meant I was vomiting when the drug fumes came into the flat from the unisulated walls, floors and ceilings. I was always 'high' on passively inhalation of the drugs and cigarette smoke if I did not get out of the flat soon enough either because I had ma aged to fall asleep. I would be tired and palpitating on the floor, trying to crawl out of the flat for fresh air. Cigarette is band in public places and the harm of passive smoking, yet I could not get away from it in my flat. All due to uninsulated walls, floors and ceilings. But thank you for what you have said. Registered Social Landlords are expected to provide a safe environment to live. They have not. I may have to go it alone and pay the rent (which I do have saved) but make that counter claim anyway.

Thank you. That is even better. Failure to provide heating and hot water is far more serious breach than the disrepair to the ceiling.

The drug fume and smoke is only an issue for the landlord is also the landlord of the other property and is allowing it to happen.

If there is a court application for eviction for non-payment of rent, you need to pay the rent up to date and then oppose the application using the fact that the rent is now up to date and the fact that the landlord is in breach of repairing covenants.

You can ask the court to award you money in respect of that. Kind regards

Please don’t forget to use Star rating box at the top right hand corner of the page to rate my answer positively. If you don’t rate it positively, I don’t get credit for my time dealing with your problem.

However even after rating, the thread does remain open and if anything else need clarification, we can still exchange emails.

Kind regards.


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Customer: replied 3 months ago.
Trully, what I have told you is a tip of the iceberg. However, your advice has been very useful.Yes, I have a common landlord with the perpetrating neighbours and have reported these and numerous issues to landlord over several years. My problem is that I have struggled to pay both rents, thats why I with-held rent and only paid rent for the temporary address where there was hot water and heating and QUIET where I could SLEEP and function normally, and KEEP my JOB and SANITY. It was torture.I intend to show that Sleep Deprivation was a form torture, together with illicite substance (fumes) entering my flat was poisoning and rendered the flat Un-Inhabitable, (along with other things mentioned). I intend to call witnesses to the drug use i.e. the Metropolitan Police that has raided the neighbour's flat, and informed the landlord, but to no avail. Another witness is the landlords own 'warden' service.Are you sure I cannot claim back my additional rent cost for the temporary room which runs into thousands of pounds? I ask because I informed my landlord of my intention to seek Temporary Accommodation as respite for Lack of Sleep, poisoning from Drug fumes, and in the preservation of my JOB and SANITY. They did not reply. I have a copy of the email I sent. Please feel free to answer (or not).I work as a Nurse Assistant (low pay), on a hospital acute surgical ward, and I cannot afford to deal with patients (whom need me so much for their care and recovery process), if I have Not had a 'Decent' Sleep, or passively drugged up.You have helped enormously already. Thank You Very Much.I just have a feeling that by handling it in court myself I would get to say everything that a solicitor May Not say because they would think it irrelevant. I'm sure the reverse is True. But I would take my chances. I have suffered too much too long not to fight it. The worse case cenario is that I loose the case and be evicted. I am prepared for that too.