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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70635
Experience:  Over 5 years in practice.
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land lord has not fixed boiler for 2 months so no hot water

Customer Question

land lord has not fixed boiler for 2 months so no hot water in cold spell loft open to wether for 6 years as fashers are woterd away and bath open to out house as floor bords missing under it for last 6 years and never been fixed and tolet flushes in to back yard for last 3 months and still not fixed . now im 3 weeks behind on rent thay are taking me to court for eviction . how do i stand ?

sean
Submitted: 4 years ago.
Category: Property Law
Expert:  Remus2004 replied 4 years ago.
Thank your for your question. I will try to help with this.

Why are you behind ?
Customer: replied 4 years ago.

FOR JOMO1972


bank bounced the DD for £10 short to cover rent . but will have full rent on the 25 jan . rent gets paid 28th of each month

Expert:  Remus2004 replied 4 years ago.
So can;t you clear the arrears?
Customer: replied 4 years ago.

FOR JOMO1972


no not till the 25 jan

Expert:  Remus2004 replied 4 years ago.
They can seek a possession order against you on the basis of three weeks arrears. They have to serve a S8 notice upon you giving you no less than 14 days notice and they would have to rely on grounds 10 and 11.

These are discretionary grounds and the court would be slow to evict you if that is the extent of it. In any event, if you can clear the arrears by the end of this month then probably there would be no arrears by the time this got to court.

They could still rely on ground 11 and argue that you persistently pay late but if this is the first time you've done it then I'm not sure that is persistent late payments.

On your main point, disrepair is not a defence to rent arrears. You can bring a counter claim for disrepair but it does not mean that they cannot seek possession order.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please remember to rate my service either OK SERVICE or above and then I will give you related information for free.

Remus2004 and other Property Law Specialists are ready to help you
Customer: replied 4 years ago.

FOR JOMO1972


is there any thing i can do to make them get the repars done when rent is upto date ?

Expert:  Remus2004 replied 4 years ago.
Yes, you can make a report to Environmental Health and they will issue an improvement notice to them.
Customer: replied 4 years ago.

FOR JOMO1972


thank you good nite ;-)


 

Expert:  Remus2004 replied 4 years ago.
No problem.

All the best.