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Remus2004
Remus2004, Barrister
Category: Property Law
Satisfied Customers: 70414
Experience:  Over 5 years in practice.
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We have received a visit from a bailiff today due to the son

Customer Question

We have received a visit from a bailiff today due to the son of our landlord named on the tenancy agreement giving this address as a contact for himself .He has not been paying council tax on another property he owns elsewhere. He is also styling himself as property manager to the letting agents but our tenancy agreement is with his mother. We have written to her on several occasions regarding the poor condition of the property several times to no avail. The son is trying to serve a section 21 order. Please advise
Submitted: 3 years ago.
Category: Property Law
Expert:  Remus2004 replied 3 years ago.
Thank you for your question. My name is Jo and I will try to help with this.

What would you like to know about this please?
Customer: replied 3 years ago.

where do we stand in relation to taking the landlord,son and letting agent to court due to the stress caused in failure to maintain the property as stated in the landlord and tenant act. Receiving visits from bailiffs concerned with the sons activities and harassment from the letting agent threatening to evict us on the sons instructions. The owner of the property has owned this property outright since 1981 and has made a considerable amount of money on it ,can we report them to hmrc

Expert:  Remus2004 replied 3 years ago.
What is the nature of the disrepair?
Customer: replied 3 years ago.


Multiple leaks from plumbing system and roof


Central heating never worked properly


Damp


Broken floorboards due to rot/plumbing system


Rotten faschia boards


Guttering problems


Constantly patched up and same problem occurs again down line

Expert:  Remus2004 replied 3 years ago.
Are you on a periodic tenancy agreement?
Customer: replied 3 years ago.


ast

Expert:  Remus2004 replied 3 years ago.
I'm sorry if I'm missing the point but why do you want to report him to HMRC? For what?

Also, what is the eviction activity?
Customer: replied 3 years ago.

non payment of business rate tax property owners are entitled to claim rebates against income for maintainence .this is a card we have against landlord as should pay tax on rental properties as it is owned outright and not mortgaged they have nothing to offset against.


As stated served section 21 but not following through,this is coming from son who is not named on tenancy agreement. He is a private GP who is earning a considerable wage and as we understand has several properties.Just want to know if it is worth us taking action against them due to stress caused. Cannot say any more than that

Expert:  Remus2004 replied 3 years ago.
Thanks.

You could make a claim for disrepair. A lot of the points you are making do not attract compensation but the heating, leaks and damp are certainly legitimate disrepair issues.

You don't get compensation for stress though. You get a reduction in rent proportionate to the impact upon your use of the property. So if the damp renders one room uninhabitable you would be able to claim a reduction for that room depending on its value.

You can make a report to the HMRC but there isn't very much point. Residential property lets don't pay business rates. They pay tax on unearned income in the normal way and there isn't any evidence here to suggest it hasn't been paid. In any event, all they would do is make him pay it. It doesn't advantage you in any way.

In terms of eviction activities, serving a S21 notice does not amount to unlawful eviction. It might well be a void S21 notice but that just means they can't rely on it. It doesn't amount to harassment or an attempt at eviction.

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 let me know if you need more information.