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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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hi i am living in a private rented property been here for 4

Resolved Question:

hi i am living in a private rented property been here for 4 years, i have had 4 different agency's since being here and only signed one contract when first moved in. i have been on to all the agency's about my boiler not working properly it had a at risk sticker put on it over 6 months ago as the plug socket to turn the boiler on has been broken by an engineer the socket is near the ground and in my kids room. Thursday night it stopped working i rang the emergency maintenance team they said the couldn't send any one out that night because of the at risk sticker they was supposed to come out yesterday to fix it but still did not come even though they classed it as an emergency. i am still waiting for them today, but i got a letter this morning saying they are going to court to get possession of the house because i owe them 3000 pound arrears. i asked them 3 weeks ago if i can pay my arrears off by standing order and they agreed but never sent me the standing order form, i was willing to pay the arrears off and they no that but because i kicked up a fuss about my boiler they sent me that letter i dont no were i stand? thank u
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Do you have an assured short hold tenancy and are you within the initial term or with a period of fixed term renewal?

Customer:

my first contract that i signed when i first moved in had to renewed every 12 months but has not been

tdlawyer :

So you're into a monthly period tenancy by the sounds of it.

tdlawyer :

Okay.

tdlawyer :

So they're only saying they're relying on the arrears as the basis for seeking possession?

Customer:

yes

Customer:

but they have only sent me the letter since i have been on to them about my boiler

tdlawyer :

Okay, then if you pay the arrears now, the basis for possession falls away, and you should be able to remain. You would likely end up being requested to pay the costs of the proceedings too though, which would probably at the start only be a few hundred pounds, say £300 or so.

Customer:

the letter i have got a LTA3 should i sign this?

Customer:

and are they not in breech of there contract as they havent fixed my boiler even with a do not use sticker on?

tdlawyer :

Yes, you could argue that damages are due because of the lack of heating, but this would then mean it becomes a contested claim and you would have to go to a final hearing/trial to determine what is owed by whom. That could take a while to resolve, but yes, it's possible to argue this.

tdlawyer :

I can't comment about the LTA3 I'm afraid, it's down to you in your own circumstances to do what you think is best for you.

Customer:

if i do take them to court will they be able to kick me out in the mean time? and if i do sign the LTA3 does that mean i have agreed to be kicked out?

tdlawyer :

The LTA3 is a section 8 notice signed by the landlord. Not something you need to sign.

Customer:

if i take them to court and contest the claim will that put a freeze on there possession order?

tdlawyer :

Yes, there is no possession order until the claim is resolved, and because this is a s.8 notice, you can argue about whether the rent on which the notice is based is actually due or not.

tdlawyer :

So arguing it would delay it.

Customer:

i have 3 young children under 5 and the boiler is in there room which they no about would that make my case stronger?

tdlawyer :

Yes, I believe that it would.

tdlawyer :

The safety of your children is paramount.

tdlawyer :

It's important to make sure something that has a gas supply is working properly at all times.

tdlawyer :

Is there anything else I can answer about this for you?

Customer:

what if i havent got the money to pay the rent arrears? could i offer them a payment plan like i did before would that stop the possession order or would i have to pay it up front to stop it?

tdlawyer :

Yes, you can agree anything with them. It's worth having a conversation and seeing what they're willing to work to as a payment proposal. They might agree to stop the process, but they don't have to, so you need to be reasonable with the payment proposal tI expect to stand prospect of stopping things.

Customer:

ok thats all thank you very much for your help

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