Hi guys I am new to the forum and was served a notice to quit for 31.05.22, it was due to noise complaints from spiteful neighbours which I wont deny was me however I took a seizure in december and am on medication due to the stress of it and I did shout one night delerious and very uncharacteristic of me, it hasn’t happened since, also the landlord put a reason for the notice that I was responsible for the dampness and mould in the property which I think is unfair.
My question is if I dont vacate the property when the notice states what will happen and how much time would I have? because at present from the 31.05.22 its not easy finding accommodation due to financial issues also. Thank you for reading and hopefully someone who knows how the system works can help offer some much needed advice please.
Sorry about your circumstances.
In regards to damp and mould, this is almost always caused by inadequate heating and ventilation, so having heating on is a must.
If you don’t leave, landlord can take to court. He will claim costs so be careful. Also, the eviction will be recorded and show up on credit report and you will struggle to rent. Landlords don’t want tenants who have been evicted in court for obvious reasons.
I would advise complying, even if it means moving somewhere not ideal for the short term.
There are organisations that can help with deposit.
Check out citizens advice web page, loads of info on there.
You should have been served at least 2 months notice.
If you are struggling, make contact with landlord and try to negotiate to let you stay longer to give you more time to find somewhere. If they agree, make sure you stick to the agreement.
The grounds you have been given are discretionary grounds. It is upto a judge whether the issues are serious enough to warrant eviction so you can challenge them but would potentially then be liable for court costs.
Damp and mould is fairly common in rented properties and is normally caused by moisture generated by daily living and insufficient heating and ventilation. If you feel there is a building issue you are responsible for reporting it to landlord. Damp would normally clear up over summer.
Once notice is given it is hard for the tenant/landlord relationship to recover over long term so it may be preferable for you to move but if you are struggling to find alternative accommodation you could negotiate with landlord and say you will either contest the section 8 notice or agree to leave in say September as damp shouldn’t be an issue until then.
Thanks for the helpful advice Mark, I have been trying to apply to local housing for short term acommodation hopefully they will help I think they will it would be most appreciated. In terms of the ventilation I wouldn’t argue with that yet here in the North of Ireland the cost of living is not easy for heating and electric and also paying rent.
It terms of if it does go to court what is the average timescale of the legal process, and would you have any idea of costs incurred and as I am on benefits would that be considered in repaying any potential costs?
@Richard19 is correct. Unless the notice includes any of the mandatory grounds, (1 - 8) then its discretionary and I dont think a judge would award the landlord possession based on a one-off incident.
I would suggest you write to the landlord and explain the circumstances and ask to work with him to address the mold.
Hi Richard its definately a building issue, the buildings are old buildings with almost no insualtion around the windows and doors, alot of other tenants have the same issue whether they have heating or not. I have reported it but was told it is my responsibilty.
But I tried to clean in not long ago and it made it worse because I am not a professional mould cleaner even an expert stated it can be cleaned but it will just keep reappearing because its a building issue and thats a fact.
I had a blocked up sink and bath and the landlord said it was my responsability which I thought was very unfair because before the notice to quit a few years ago I reported mould in the bathroom and a his workers came and sorted it, after the notice to quit the landlord is refusing to do any repairs yet they did before I think that is discrimination.
Hi Mark yes I was given the correct notice in the North of Ireland it is 12 weeks and thats what was served so the landlord has got that right.
I also liased with housing rights NI and they contacted the lanlord for mediation to try work things yet he replied he wasn’t interested which is his right to do so.
I have mental health issues and suffered a major seizure not long ago would this be considered by a judge? given the fact I have a property to go to yet its ready in september, so I asked the landlord for a 3 month extension as the section 8 is for 31.05 yet they again were not interested.
The notice to quit has a number of reasons yet alot of them there is no evidence.
One which I find a disgrace is stating harrasment to people who work in the area, I am a friendly intelligent young man and I am not guilty of what he has stated on the section 8, I believe that the reason for him doing this is because he is trying to add more reasons for a potential judge to rule in his favour, if it does go to court I will contest this however I have been trying to ask solicitors about this, should the landlord seek court posession can I represent myself because I know I could, is a solicitor really required?
I don’t know about Ireland but in England there are many housing solicitors who work for ‘free’ for tenants. i.e. no cost to tenant but get paid via government funds.
Or maybe contact Shelter or CAB. Maybe they would even liaise with landlord on your behalf with the option to extend until September…