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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 7188
Experience:  English solicitor with over 12 years experience
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In September we moved into a property and upon moving in

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Hello. In September we moved into a property and upon moving in came across a lot of maintenance issues. We reported these straight away and continued to do so regularly but never got any issues resolved. There’s leaks and damp among other things. We had 2 routine maintenance visits at month 3 and 5 and still no one resolved any issues or gave us any answers. The environmental health got onto our landlord/ estate agents and eventually a roofing contractor came out to quote for the roof and there was a quote sent to the landlord for all the other repairs. the landlord didn’t want to pay this and has asked his own contractor for a price and has Now served us with a section 21 on the basis of selling. What are my rights as he has left us for what will be 12 months in a house that hasn’t been up to good standard living conditions?
JA: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: All i Have are the emails I sent regarding the issues. All this time I have been passed around here and there and about a week ago the landlord told me no one including the estate agents knew what the issues at the house were Even though we have had about 9 visits from either the routing inspection, a valuation visit and contractors.
JA: Where is the house located?
Customer: Preston in Hull. HU128UW
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that’s the main base of my query thank you

Hello,

You do not need to vacate the property simply because you have been served with a S. 21 notice. The landlord must obtain a possession order from the court first. It does not matter that your landlord wishes to sell the property, he must get a court order first.

You may also withhold a portion of the rent until repairs are done by informing your landlord why you are doing this.

May I help further?

Customer: replied 1 month ago.
How would I go about witholding the rent? Should I respond the the section 21 explaining that I understand the landlord would require a court order before we have to vacate the property and that I will only be paying X amount in rent between now and when the court orders us to leave?

Yes, you may inform the landlord accordingly. Please also read this to help you understand the current suspension of court orders: https://www.rla.org.uk/campaigns/coronavirus/changes-to-possession/index.shtml

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