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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience:  I have been practising for 30 years.
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We live in a private rented property which has some

Resolved Question:

Good afternoon we live in a private rented property which has some disrepair also we have mice infestation last year the council send the peat controller to the house but the mice return again. Two years a go I have applied to the cou to go in to the register for housing but they didn't have us any points.
Last year my 8 years old son was diagnosed suffering from Acute Leukemia and because of his immunity I have applied to the council once more in January until now we still waiting for an answer, my son is in Hopstital now with a slow recuperation after having a transplant.
The landlord couple of weeks a go send us a notice of possession under the 21 regulation zero he is giving us up to the 21 of July to move out. We are so worried because we don't want to out my son's life at risk and the council is not helping us.
Could you ease advice me of what to do in this situation.
Thank you very much
Your faithfully
Maria Shala
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
Sorry it seems that some of the words Are misspell. What I am trying to explain is that we have mice in the house and the council send a pest controller last Year and the mice return again. The landlord doesn't want to do anything about it. The council is making us to wait since January to let us know if they can assist us with accommodation.
The landlord send us a possession notice and he want his house back by July.
My son hasn't got immunity therefore the house is an unsuitable place for a child so ill.
I have applied many times to be on the register with the Council but they never gave us any bedding points.We are in desperation because of my son and also my daughter.
Expert:  F E Smith replied 4 months ago.

Were the mice in the property when you moved in?

How long after you moved in the device manifest themselves?

Have the council told you the situation if there are eviction proceedings?

I appreciate the landlord has served with a section 21 notice but are you on speaking terms?

How old are your 2 children?

Customer: replied 4 months ago.
Hello we found mice droppings in the kitchen when we moved to the property it got worse the following year and the landlord be did not do anything to prevent the mice infestation.
The council are aware of the possession notice and they told me to wait to be evicted to be rehoused but what they are not understanding is that my son hasn't got immunity a d is susceptible to get any infection.
My children age are 15 and 8 years old.
The landlord hasnt gave us any explanation or reason why he want's to leave the house.
He went to the house 3 weeks a go with 2 men to value the house and he didn't ask me or my husband about his intentions, he went in to the property breaching our privacy and breaching the contract.
The council is taking very long to give us an answer.
Expert:  F E Smith replied 4 months ago.

If the infestation is there when you move in, that it is the landlord’s responsibility. If it arrives after you moving, then it is your responsibility.

It appears that you are already involved the Environmental Health Department at the local authority and that is the correct thing to do.

The local authority will not housed you simply because the landlord has given you notice to quit.

The landlord must give you notice and then must go to court and get an order for possession. The next part of the process is that he has to apply for a warrant for possession which is an order for bailiffs to come and evict you..

Keep the housing department at the local authority appraised of the situation but they will only consider rehousing you once there is an order for possession. I’m afraid that’s how the system works.

You have a dependent child under 18 (apart from his unfortunate illness) and the local authority are under a duty to rehome parents with dependent children. It’s just that the process is a bit more long-winded and does tend to happen on a bit more of an emergency basis once there is an order for possession.

Can I clarify anything for you?

Please do not forget to rate the service positive. It’s an important part of the process whereby experts get paid.

Best wishes


F E Smith, Advocate
Category: Law
Satisfied Customers: 8445
Experience: I have been practising for 30 years.
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