Getting evicted court fee question thx

GothicGhost

GothicGhost

GothicGhost

Soldato
Joined
23 Aug 2007
Posts
2,824
Hello all.

The story is we was chasing the landlord for repairs needed to the house but nothing ever happened.

Got onto the council and after 2 years they give him a final warning sort of thing to do the repairs or they will deal with him.

That weekend the landlord was to come round with a plumber and start sorting things out.

Instead that day we got a section 21 eviction notice and told we would have to pay court fees if we don't more and he has to go court.
He did say he would carry on with the repairs until we leave but only two easy things have been fixed month ago.

So my question is can I fight to not pay the fee as he don't nothing to the house and only when the council forced him for repairs we get the eviction notice.

Thank you for any advice.
Cheers.
 
IANAL, but if he's such a crap landlord and wants you to move out, why don't you just start looking for somewhere else? What fee is there to pay?

Think you get two months under s section 21 anyway?
 
Would be very tempted to make a call to your local newspaper!

I would be trying to find somewhere else to go inside of the notice period he has given so that it is just not an issue.
 
I will give the council another call again and citizens advice see what they to cover everything.

He gave 2 months that have run out now and he is going to get a court date he says.
 
Staggering that you now nonchalantly mention that he'd already given you notice having bizarrely missed this key piece of information out of your op.

So basically :

- He gave you two months' notice
- You ignored this and failed to move out
- He's issued you with an eviction order
- You're trying to use his sketchy maintenance regime against him to avoid the fee for the eviction notice you ignored?

I'm not an expert, but I'd be amazed if his perceived lack of 'fixing things' was justification for you not moving out. Prepare to pay up imo. Feel sorry for the landlord really, bums squatting in my residence and now I've got to go to court because they won't move out.
 
GothicGhost said:
I will give the council another call again and citizens advice see what they to cover everything.

He gave 2 months that have run out now and he is going to get a court date he says.
Click to expand...

It is very rare that the court would order costs against the defendant and usually is when you have deliberately been obstructive and have shown no interest in trying to resolve the dispute.

You really need to read the tenancy agreement about notice etc and get some legal advice as others have said. But in a nut shell, provided he has followed the terms in the tenancy and served enough notice you don't really have a leg to stand on.

My advice start looking at other places asap
 
Is your deposit in a government backed scheme, if not a section 21 notice is worthless.
 
We never paid a deposit.

@Phil c you say about provided he has followed the terms in the tenancy does that include doing house repairs that even the council told him to do?

Also has it stands now the gas safety check needs redoing and he don't care.

Cheers.
 
What do you mean ?

The only thing we have not done is moved out before the 2 months is up.
But we have not been able to get somewhere yet.
 
Last edited:
You don't have a leg to stand on I'm afraid, he was well within his rights to issue a section 21 and you haven't abided by it (regardless of his obligations for repairs).

Prepare for a day in court tbh, or get out ASAP.
 
GothicGhost said:
We never paid a deposit.

@phil c you say about provided he has followed the terms in the tenancy does that include doing house repairs that even the council told him to do?

Also has it stands now the gas safety check needs redoing and he don't care.

Cheers.
Click to expand...

In the eyes of the law 2 wrongs don't make a right. You basically had recourse for action for the repairs which you could have pursued to the fullest. What the failure doesn't mean is that you can ignore the notice period served on you. As the last poster highlighted, expect a court date if he decides to go down that route. And again I would start looking or other places asap
 
What do you mean you haven't been able to find a place in 2 months?
Can you not afford a place? Are you paying way below the going rate in your current place??
 
You really should have been looking for a place immediately as the eviction was served. Law aside. I wouldn't want to stay if he is crap

Have you just been complacent?
 
You're living in someone else's property. They asked you to move out two months ago and gave a reasonable amount of notice. You ignored that so now he's considering court action. The issue of repair is not relevant here. You're now effectively squatting and looking for a legal loophole to portent him evicting you.
 
You must log in or register to reply here.
Back
Top Bottom