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Thomas, Lawyer
Category: UK Property Law
Satisfied Customers: 7612
Experience:  BA (Hons), PgDip, Practising Solicitor
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I have been served with an evition notice, I am in arrears

Resolved Question:

I have been served with an evition notice, I am in arrears to the amount of over £6000.00, however my landlord has not kept part of the tenancy agreement, can I represent myself? Can I tell the judge that my flat is infested with mice, that there is no extractor in my bathroom, that a gas safety certificate is long overdue, that all the building's common parts have never been cleaned, that my landlord only shows interest in collecting the rent and nothing else, please advice, thank you.
Submitted: 7 years ago.
Category: UK Property Law
Expert:  Thomas replied 7 years ago.



Do you occupy the property under an assured shorthold tenancy and when does the fixed term expire?



Customer: replied 7 years ago.
Yes, there is an assured shorthold tenancy, the term has expired already and an evition notice served upon me. However, the landlord has not shown any interest in my well being as a tenant but only his rent money.
Expert:  Thomas replied 7 years ago.



How much notice did you receive and on what grounds was it evicting you s8 (non-payment of rent, late rent etc) or just requiring possession?



Customer: replied 7 years ago.
I have received plenty of notice, the notice was received in June 2010, however I have been feeling very ill, suffering from Panic Attacks, anxiaty and depression, I am taking one thing at a time. I am been evicted on rent arrears grounds. I am not paying any rent at present, I feel that my landlord has let me down and has not met his side of the rent agreement. This place is infested with mice, there is no bathroom extractor, no one takes care of the common parts, the waste disposal site is a rodent/fox infestected site. In total my landlord only showns interest in his rent and no more.
Expert:  Thomas replied 7 years ago.



I'm afraid that rent and repair (mice, extractor etc) are separate issues. The landlord has a right to rent and you have a right to a property in repair which you can/could have enforced by requesting repairs are done and then paying for them yourself if they are not done and claiming the money from him.


If he is claiming possession on the grounds of rent arrears under s8 Housing Act then he is required to only give you two weeks notice. However he cannot evict you without an order from the Court. If he does not have a written tenancy agreement then there will have to be an actually hearing which will take a number of weeks but in all probability in view of the amuont of arrears the judge will make an order for possession.


At this point you should leave the proeprty. If you do not then the landlord will be able to apply for warrant for execution from the Court to have the Court Bailiffs evict you.


If you put down a deposit on the tenancy and the rent if less than £25k pa then it should have been lodged in a tenancy deposit scheme.If he has not done this then you can apply for the return of the whole of the deposit and a fine payable by him to you of three times the deposit amount. Ask for details of the TDS and sue him for the money if he has not placed it in a TDS.


I'm very sorry it could not be better news.


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Kind regards,



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