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JimLawyer
JimLawyer, Solicitor
Category: Property Law
Satisfied Customers: 6074
Experience:  Senior Associate Solicitor
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I am a private tenant and have lived at the property for

Customer Question

I am a private tenant and have lived at the property for over five years there was a problem with the electric so I called the landlord he sent the electrician who has condemned the electrics and he will not turn them back on saying they are too dangerous. I have stayed at my mums on Monday night and on Tuesday the landlord just said I will have to evict you we can’t go back into the property I have no money to get another house has the landlord got any legal responsibilities I have no formal notice like section 21 nothing
Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?
Customer: No I don’t know what to do I am staying at me mums with my nine year old son we have none of our stuff as my mum house is not big enough can he just kick me out like that I have no where to go
Assistant: Where is the house located?
Customer: Dover Kent
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No I just need to know if he has acted legally and if he has any responsibility towards me as far as alternative accommodation or notice period as I was under the impression that I would have to receive a section 21 notice giving me time to find alternative accommodation and he would have to repair the electrics as part of the tendency agreement
Submitted: 13 days ago.
Category: Property Law
Customer: replied 13 days ago.
I have not had a reply are you still working on it
Customer: replied 13 days ago.
Please can you reply as I have paid for the trial
Expert:  Nicola-mod replied 12 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Expert:  JimLawyer replied 12 days ago.

Hello, my name is Jim and I am a qualified lawyer happy to help you today.

By law, landlords must ensure the property is in good repair under S.11 of the Landlord and Tenant Act 1985.

If they do not, they face prosecution by the local council and can be fined. It would also be breach of contract on their part and you would be within your rights to terminate the tenancy agreement. They do need to serve a Section 21 Notice upon you to formally evict you.

I would not recommend you stay at the property if it is in a dangerous condition - the local council's housing department should be contacted by phone on 01304 872 397 or email to [email protected]

You can claim costs of alternative accommodation which the landlord is liable for but insofar as the tenancy is concerned, you should firstly speak to the council and then see if they can send someone to the property to do an inspection - they can make repairs themselves and they will bill the landlord for the works.

The Local Authority Environmental Health Officers have powers under the Housing Act 2004. They have a duty to ensure that properties in their area are in a habitable condition, and will serve improvement notices on landlords of properties which are assessed, under the new Housing Health and Safety Rating System as having ‘category 1 hazards’.

Similar powers are available to Local Authorities under the Environmental Protection Act 1990 if the property is considered a threat to public health.

I hope this helps - if you can please accept the answer and give me a 5 star rating (there should be a button at the top of your screen to do this), I can answer follow up Q&A's at no extra charge and Just Answer will credit me for helping you today.

Many thanks,

Jim

Expert:  JimLawyer replied 11 days ago.

I hope I have helped.

Before you go please don't forget to rate the answer by clicking the 5 stars on screen and clicking “submit”.

Many thanks,

Jim