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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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Please help . my name is g cocianga I live in a private rent

Customer Question

good afternoon . please help . my name is ***** ***** I live in a private rent accommodation since 5 January 2009. ever since I moved in this place I had a landlady that was ok in some ways (when I called that the washing machine needs fixing or replacing she acted on it strait away) but she had a way of talking to me to make me feel frightened of her. I sometimes had issues in the house that the landlady needed to fix but I preferred to pay someone myself in stead of contacting her as I was terrified to speak to her or any time she was coming round my place I was so stressed that I couldn't sleep the night before and sometimes cried when I knew she is coming o visit the place. i haven't moved because i'm a single parent and i wanted stability for my now 10 years old daughter as before we moved into that place we had to run and hide from place to place from a very abusive father. i have always paid the rent on time but now im thinking not to pay the rent next month as early November2015 there was a leek in the house and the flooring together with some old smelly carpet have been puled up to reveal a very dirty/old floor and a lot of nails have been left sticking out quite dangerously and ever since my landlady is telling me that she will fix it but she never did it until today witch is nearly 8 months. when I finally decided to stick up for ourselves and confront the landlady why is she not fixing the flooring(again i have never said a think to her for 8 months as i'm scared of her) she is now telling me that she will not renew the contract as it expires next moth on the 4july
i can't move for at list another year as last year myself and daughter have been involved in a traffic accident and my daughter have sustained severe injuries that required operations and lost a lot of time in school and i do not want her move school until she finishes year 6 and i can't afford to move at the mo as i have nowhere to go and i do not have money to do so.
my daughters stability and welbeeing is extremely important to me
please advice me what to do ASAP as my rent is due on 5th and i have to pay it on Monday the 5th
with kind regards ***** *****
Submitted: 6 months ago.
Category: Law
Expert:  Jo C. replied 6 months ago.

Are you asking if you can leave?

Customer: replied 6 months ago.
No I can't leave
I'm asking what are my options ?
Can I not pay the rent because she hasn't repaired the place for 8 months? I have nowhere to go . I have no money . What can I do ? I'm in a desperate situation
Customer: replied 6 months ago.
My daughter had bouth legs broken in the accident and her little right leg has healed wrong . Doctors here are telling me that they need to break her leg again to fix it again . I can't let my baby go through that suffering again so o looked at my options and I found easier way to treat her through physio and massage abroad. And I need a lots of money for that . That's why I do not have money to move house .
Customer: replied 6 months ago.
What are my legal rights ? Also I must specify that she made me sign an s 21 notice without telling me what it is. I thought I'm singing the tenancy agreement
Expert:  Jo C. replied 6 months ago.

You cannot just stop paying rent.

At least, you can of course. But if you do then the landlady would have grounds to seek your eviction.

She may do that anyway if she has served a S21 notice upon you.

It is quite difficult to tell really what is the specific complaint here. You describe a delay in repairs but then say that they are done now. If they are done then the issue falls away.

You cannot force her to renew with you. If the S21 notice is valid and in time then she can rely on that and that would mean the agreement comes to an end in July. Although if you were to refuse to go then she would need a court order to get you out but it can be done.

Can I clarify anything for you?

Jo

Customer: replied 6 months ago.
The repairs are still not done for 8 months. When I asked her yesterday why is she not doing it she immediately told me that she will not renew the contract. I have been living in a place that was not safe for my daughter for 8 months and payed the full amount of rent . What are my civil rights for living in a place that has nails on the floor for 8 months?
Customer: replied 6 months ago.
The s21 notice I have singn ever since I moved into that place but I only find out what it is by mistake last year when we had the accident and I asked legal advice on how would I live because I didn't work for nerley 4 months. Can she do that? Is that legal ?
Customer: replied 6 months ago.
The rent I can't really afford as we had a very troubled year by Ive been buying less food and I've borrowed a lot of money for rent from friends and family
Customer: replied 6 months ago.
Not to get in trouble
Expert:  Jo C. replied 6 months ago.

Yes, she can rely on the S21 notice. She doesn't need to get you to sign it at all. She just needs to serve it on you.

Expert:  Jo C. replied 6 months ago.

Nails on the floor per se would not amount to disrepair.

If there are nails on the floor then they can be removed?

Customer: replied 6 months ago.
Thank you
Expert:  Jo C. replied 6 months ago.

No problem.

All the best.

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