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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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In middle of case for disrepair and harassment. Landlord

Resolved Question:

In middle of case for disrepair and harassment.

Landlord is trying to evict me. and just served a Section 21 notice.

The trial date is on 13th May 2014.

He is evicted me for asking and reminding him to complete the repair works as ordered by the court several times over the last year.

And part of the case is failure to register TDS properly.

I have in his court bundle a communication from his barrister saying they need to avoid it going to trial as his failure could be a test case and make case history regarding landlords and TDS.

The property remains unsafe, walls fall down in above properties, water is pouring into the building, the structure is rot from top to bottom,mites rats and many problems.

I feel as we are in middle of case he should not issue a 21 because I reminded him to do the repair as ordered by the court, and because the TDS has not been sorted.

But as building is unsafe he avoids, avoids court orders, affects tenants health.

What should I do?

He should really evacuate tenants and help rehouse them in order to do work on unsafe structurally unsound building.

I do not think he should be issuing a Section 21 but he should be helping tenants be safe somewhere else.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts : Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : By law if you are out of the fixed period he can issue a section 21 norice.
Alex Watts : But by law he must give you 2 months notice before your rental due date.
Alex Watts : Bearing in mind we are now in April and your trial is may 13th you will still have possession when it goes to trial.
Alex Watts : So he can't evict you before the trial
Alex Watts : Then if you are successful at trial you can apply for a stay of eviction.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

Part of the court case is that he did not register the TDS .It is part of the case, and it has not been settled.

Customer:

Do I appeal to the court now I have his notice or wait for court notice?

Customer:

Also.

Customer:

as he served it as I complained of wall collapsing on children and elderly neighbour living without washing facilities (now shower, toilet or wash basin in use since February) It is all part of the ongoing harassment and refusal to repair despite court/judge's order.

Customer:

There should be a majistrates order on the whole house as dangerous and uninhabitable. He lied to council that he had done the repair, they closed it again and it goes on.#

Customer:

This is a serious public health and environmental case.

Customer:

Hence my continuation of it.

Customer:

As case involves local councillor's making a false statement, local councils failing, judge's oath undermined and compromised. can I ask for case to be held in another court? There is too much failure of local council, councillors etc tied up in it.

Alex Watts :

If you have not lodged a defence then you do this now and raise a counter claim

Alex Watts :

If you have already filed a defence then you need to apply to the Court for permission for a counter claim

Alex Watts :

You need to then file a defence and counter claim against himn

Alex Watts :

* him *

Alex Watts :

Does that help?

Customer:

Case commenced since Nov 2012. Defendant landlord failed, defaulted court orders and directions, failed disclosure. repair ordered by judge. still not completed. house in great disrepair. serious harmful disrepair throughout, other tenants affected, landlord again lied to council housing officer and court that repair done, it is not done.

Customer:

Now I raised the disrepair of upstairs and downstairs elderly neighbour left without any bathroom faciliites since feb. he has rushed round and started continuing the repair. but now issued Section 21. The threat is part of my claim.

Customer:

So I counterclaim before court makes eviction order/notice?

Customer:

I need majistrate to order complete assessment and evacuation of house. This is ridiculous. Severe harm has been and is being done to all.

Alex Watts :

Yes you need to make a counter claim now.

Alex Watts :

Otherwise you can't claim and raise it later.

Alex Watts :

Does that clarify?

Customer:

which form should I use to counter this section 21 and get it back on severe unsafe property and harassment, and this is part of it?

Customer:

N244? or another one?

Customer:

I am trying to get council environmental health interested again as he again has lied to them and told them he has done the repair and they believe him without checking.

Alex Watts :

No, you need to make an application using form n244 and then enclose a copy of your amended defence and counter claim

Alex Watts :

Does that help?

Customer:

Thank you. Hopefully.

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