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Eviction


GEM

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Posted

Does anyone know anything about eviction?

 

I am currently living in a privatly rented flat in Douglas and I am having problems. In November of last year I complained to my landlord (who shall remain nameless but is well known) about my bathroom sink hanging off the wall. He sent one of his men round to make it safe and I was told that I would have a new sink fitted within a week. Suprisingly enough this did not happen. This morning my 2 1/2 year old daughter was brushing her teeth and the sink came off the wall completely and fell on her. Luckily she only sustained minor injuries (A bruised leg and a bang to the head) but that is bad enough, it shouldn't have happened at all.

 

I took her to the hospital to be on the safe side and they said she was very lucky. I informed my landlordds workman and was told that my Landlord has said that nothing can be done until tomorrow and they have switched my water off. So I am now having to do without water until tomorrow.

 

If that wasn't bad enough my landlord then comes round with an eviction notice and says that I have not been paying my rent when I know damn well I have.

 

Does anyone have any suggesstions as I am really at the end of my tether. If anyone knows of any one bedroom reasonably priced flats going aswell that would be great.

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Posted

If you paid your rent in cash, you should have a rent book that he marked when you paid him. If you paid by direct debit, you can use your bank records.

 

Whether he should fix the sink and restore water in what timescale will be covered by your lease, check that.

Posted

Yeah, wouldn't have thought he could evict you for non-payment of rent if you have proof that you've been paying. Then again, so long as you're given notice don't landlords have the right to give you a date to vacate the premises without a particular reason? I hope you have proof of payment and a lease!

Posted

As taken from .pdf link

 

 

 

RENT BOOKS

By law, a rent book or other similar document MUST

be provided by your landlord if:

 

* you pay rent at weekly, fortnightly or monthly

intervals;

and

* a substantial part of your rent does not include

board.

If the above applies to your tenancy, it is a criminal

offence if your landlord does not provide you with

a rent book.

 

INFORMATION IN RENT BOOKS

A rent book must by law contain the following

information:

* the name and address of your landlord;

* a record of the rent you have paid;

* the address of the property;

* the name and address of the landlord's agent (if

he has an agent);

* the name and address of the person (if

anyone other than the landlord) who is

authorised to receive the rent from you;

* how often you must pay the rent (eg weekly or

monthly);

* the amount of rent to be paid and whether the

rates are included or not;

* whether the rent includes payment for:

occupation (without use of furniture);

use of furniture;

Posted

The landlord can give you notice to quit regardless, but that notice period will be covered in the terms of your lease. Usually, a month is sufficient when the rent is payable monthly in advance.

 

Sounds to me as though it may not be a bad idea to move anyway eh? (Hassle though it is) I am told that rental charges are now dropping a bit so you may get a pleasant surprise if you haven't been looking for a while?

Posted
Does anyone know anything about eviction?

 

I've watched the last five series of Big Brother and therefore know all about evictions.

 

Just let me know of you need any help and I will do my very best to stop the public voting you out!

Posted

Mission - if the choice is her/him or a cute child (possibly a furry pet as well) then you have no chance..

 

He/she is out.

Posted

I have no rent book and no lease. I would love to move but it is very difficult to find a flat that will allow children that I can afford

Posted
You'd be surprised at my marketing abilities, just you wait and see.

 

Nice to see you back btw. :)

 

 

Why thank you kind sir :-)

Posted
I am currently living in a privatly rented flat in Douglas and I am having problems. In November of last year I complained to my landlord

 

I have no rent book and no lease.  I would love to move but it is very difficult to find a flat that will allow children that I can afford

You need to phone or visit...

 

ISLE OF MAN OFFICE OF FAIR TRADING

Government Buildings

Lord Street

Douglas

IM1 1LE

Tel: 686500

 

I'd suggest that tomorrow would be a very good idea. By the way, even with an eviction notice your landlord can not make you leave the proprerty without a court order which would give you enough time to find alternative accomodation.

 

If you are worried about finding somewhere to live try this link: Manx Housing Trust

 

The OFT will advise you of your rights and help you in the right direction.

Posted
allow children that I can afford

 

Don't be silly. Nobody can afford children. Thy're simply not cost effective.

 

 

Good luck anyway.

Posted
I informed my landlordds workman and was told that my Landlord has said that nothing can be done until tomorrow and they have switched my water off.  So I am now having to do without water until tomorrow.

 

What a prick - what possible rationale has he got for delaying what is a pretty basic repair? It is totally unnacceptable to expect you to be without water until tomorrow, especially as you have a child.

 

The guy should be falling over himself making sure your daughter is ok and putting things right. Any decent human being would be.

 

I had a plumbing issue myself whilst in rental accomodation (no rent book, no lease - they guy was on a tax dodge) and think you would be well within your rights to call in an emergency plumber and then present the bill to him - it's what I did anyway, and it worked (the plumber was well wary, but I assured him I was going to pay upfront myself - which I had no bloody intention of doing, but it seemed to be the only way to get something done) I'm not sure on the legalities of that though, it wasn't that long ago, but I certainly don't want you to compromise your situation - so help me out here anyone with more recent knowledge or experience?!!

 

He has in effect cut off your water supply without any actual need to do so, and I would hope that would actually back up your case against him.

 

 

I have no rent book and no lease.  I would love to move but it is very difficult to find a flat that will allow children that I can afford

 

For the case I mentioned above, I had no rent book or lease, but at least I had proof of payment through my bank.

 

If he is behaving like a total runt, obviously the best thing is to move on, but heed Ripsaw's words (great post fella!) and don't feel too pressured to do so just yet... give yourself enough time to find somewhere with a decent landlord who will actually look out for you.

 

And if the runt starts bleating in the meantime just mention to him that you are actively trying to move and have included an internet forum to help it along - I'm sure that the promise of a name and shame (please do) and potential publication in the local papers will actually squeeze some compassion out of the guy (well yeah, of course it'd be self-preservation but in any case the guy would be squirming) Btw, get the locks changed if need be.

 

Good luck with it Gem.

 

Keep us informed.

 

And always remember that he is in the minority and in the wrong.

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