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chatham-chamber
chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11614
Experience:  LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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Bad landlord that I have reported to council, now wants to

Resolved Question:

Bad landlord that I have reported to council, now wants to evict me. Where do I stand from a legal perspective?
Submitted: 7 months ago.
Category: Property Law
Expert:  chatham-chamber replied 7 months ago.

Hi,

What k8nd of notice have you received?

What kind8 of tenancy agreement do you have? When did it commence and when does it end?

Has your deposit been protected?

Customer: replied 7 months ago.
HiWe have a 2-year contract through an agency. It commenced Aug 2015 and expires Aug 2017. According to our contract, the owner can give us 2 months written notice, however this was a direct response to us reporting him to the council for failure to uphold his responsibility in maintaining the property
Customer: replied 7 months ago.
our deposit is protected
Expert:  chatham-chamber replied 7 months ago.

Can you scan across a copy of the contract and notice?

Customer: replied 7 months ago.
Dear SirAs per the contract he can give us 2 months notice to leave the property. Nothing ambiguous about the writing.I am querying if he can evict us after we reported him to the council, in principle
Expert:  chatham-chamber replied 7 months ago.

Hi,

Unfortunately, he can evict you by providing you with the notice required under the tenancy.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 7 months ago.
what you are saying is that legally it is acceptable for a landlord to respond to a tenant reporting him to the council, by asking him to leave? It was a text message responding to my letting him know we have contacted the council
Expert:  chatham-chamber replied 7 months ago.

Hi,

What I am saying is that legally, a landlord can evict you if the tenancy agreement provides for it.

If the landlord serves the correct notice and it is served correctly and provides 2 months notice, then he can evict you. However, this is not the end of it. He cannot just evict you, at the end of the notice period, if you do not leave of your own free will, the landlord will have to apply to court to obtain a possession order.

If the court grants a possession order, they can state that you must leave up to 28 days from the date of the order. This is still not the end of it. If you still do not leave, the landlord will have to instruct bailiffs to remove you.

I do not agree with what your landlord is doing, but legally he can take steps to evict you. The steps would be as outlined above.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 7 months ago.
Thank you, ***** ***** see attached copy of our agreement for your perusal. Please advise if the clause referred to previously is lawful. Just for interest sake, and for future reference...we've had this landlord who has not kept up his end of the bargain. We've advised him of mould and a leaking roof months ago and he has come around to look at it, promised the world, but not done anything about it. What is our recourse for that if we encounter the same problem with a future landlord. And, in this situation, do we deserve any compensation or anything to that effect?
Expert:  chatham-chamber replied 7 months ago.

Hi,

In future, if the same thing happens, you should contact the housing and environmental health department of your local council immediately and request that they visit the property and confirm that it is fit for habitation.

If it is not, they will take the necessary action.

I am unable to view the agreement in my phone and will check this for you tomorrow.

I hope this answers your questions. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

kind regards

Customer: replied 7 months ago.
Thank you Sir! One final question; the notice we received was via a Text Message, with the promise that official notice will be given soon. If the landlord now changes his mind, can we legally hold him to it, with the proof of his text message? We have a feeling that he may have changed his mind, however we still want to move out as the relationship has now been sullied, so to speak
Expert:  chatham-chamber replied 7 months ago.

Hi,

The notice must be in writing and in a specified form.

I hope this answers your question. If so, kindly rate the answer and provide feedback.

If you have any further questions, please do not hesitate to ask.

Kind regards,

chatham-chamber, Solicitor
Category: Property Law
Satisfied Customers: 11614
Experience: LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
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