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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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I have rented my property for 10 years , last year I did all

Customer Question

I have rented my property for 10 years , last year I did all the house up decorating etc, the house was in a bad way , 7 years ago I reported to my landlord that the kitchen had really bad damp , my daughters ceiling was black & damp in my bedroom , they wouldn't do anything , 4 years ago my best friend passed away , as I was grieving I stopped asking the landlord to see to the damp , in oct last year when I had completed wall papering the whole house I asked the landlord would they do something with the kitchen , they said they were sick of me moaning & didn't want to speak to me & from now on I would rent the house of reeds rains , reeds rains promised the damp would be done , they sent work men out but work men refused to plaster over the damp & nothing was done so I complained & now I have been told my tenancy has been terminated & I have to leave ;( what are my rights
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

Thank you for your question. My name is Jo and I will try to help with this.

What type of contract is this?
Customer: replied 4 years ago.
I never had a tenancy agreement until oct 2012 then it was a roll on calendar month 1 But been in house for 10 years
Expert:  Jo C. replied 4 years ago.

Have they served a S21 notice upon you?
Customer: replied 4 years ago.
For joe c , a received a housing act section 21 notice requiring possession
Expert:  Jo C. replied 4 years ago.

Are you asking if they have a right to possession?
Customer: replied 4 years ago.
The kitchen is unliveable & if I didn't ask them to sort out the damp I wouldn't of been asked to leave after 10 yrs ! So yes I am
Expert:  Jo C. replied 4 years ago.
No, I do realise that.

However, this is a periodic tenancy agreement now unfortunately and they can terminate that for any reason by serving a S21 notice. Under periodics you don't have a right to stay for any particular length of time. They can be terminated by both sides at any time by serving a S21 notice on the part of the landlord and giving notice by the tenant.

Thats not to say that you don't have other options though. You could bring a disrepair claim. If the kitchen is unacceptable then you could claim a reduction in rent to reflect that. I wouldn't normally suggest that but since they have given notice anyway there is no risk to you.

I'm afraid though there is no way of challenging the fairness of the service of the S21 notice.

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.
Customer: replied 4 years ago.
To joe c , I will contact the council thank u x
Expert:  Jo C. replied 4 years ago.
No problem and all the best.

Please remember to rate my answer.

Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’.