My
landlord has been threatening court action unless I pay off my rent
arrears within the next few weeks. If he starts court proceedings
will I be evicted?
This will depend on the type of your tenancy
agreement and the amount of rent arrears. Most council tenants
are secure tenants. Under this type of tenancy, it is unlikely that
the Court will make an outright possession order if there are
compelling circumstances, which led to the rent arrears, for
example housing benefit problems. You may even be able to
claim backdated housing benefit and it may be possible to seek a
postponed possession order, which means you will not have to leave
your home providing you pay a specified amount as ordered by the
court.
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I rent from a private landlord and the other day I came
home to find he was in my flat. He said he was getting some work
done and needed to have access to the property but I don’t like the
idea of him being able to let himself into my home any time he
wants. Is he allowed to do this?
Your landlord should have asked your
permission before letting himself into your flat. Landlords are
allowed to enter rented property to check its condition or carry
out repairs but they are required by law to give you at least
24-hours written notice. You can object to the specific proposed
visit if there is a good reason, although you will be in breach of
contract if you refuse to allow the landlord access to the property
at all. If this wasn’t just a one off then it may count as
harassment, which is a criminal offence. If you would like to
discuss your concerns then you should contact one of our
experienced housing lawyers who can advise you on the best course
of action.
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Since
my divorce a year ago I’ve been living in a bedsit. There is
damp everywhere and the ceiling has started to fall down. I’ve
complained so many times but nothing is ever done about it. Is
there anything else I can do?
All landlords, including local authorities,
housing associations and private landlords, have a legal duty to
maintain their property in an adequate state of repair. They must
also ensure that any defects in the property don’t pose a threat to
the safety of tenants. If the property’s condition is unacceptable
then we can help advise you on the best course of action. This
might include applying for a court order requiring the council or
landlord to put things right. The court can also award you
compensation where repairs have been delayed for no good reason and
impose fines on landlords who don’t maintain their property in good
condition.
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I have applied for council housing but think that I’ve
been treated unfairly. Do I just have to accept the decision or can
I challenge it?
If you are unhappy with the decision that’s
been made about your case then you may be able to challenge it.
Initially, you can complain to your council or housing association.
If this is unsatisfactory then in some cases it may be appropriate
for you to apply for a judicial review of the decision. A judicial
review can’t impose a new decision on the council but it can
overturn the decision that has already been made and require that
your case is looked at again.
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