Eviction and Property Disrepair

To contest the eviction notice, you can apply to the local tribunal for a review of the notice. Ensure you submit the application before the eviction date specified. Highlight any breaches of the relevant Residential Tenancies Act by your landlord, such as failing to maintain the premises in good repair. Emphasise that the eviction notice is retaliatory due to your complaints about the property's condition. Collect all relevant documents and communications with your landlord as evidence. Consider seeking legal advice or assistance from a tenant advocacy service to strengthen your case.

To effectively present evidence of disrepair at the tribunal, compile comprehensive documentation. Take detailed photographs and videos of the property's condition, focusing on specific issues like missing guttering, damaged flooring, and deteriorating walls. Prepare a timeline of when you first reported these problems to the landlord, including any written correspondence or emails. Gather any written statements from witnesses, such as neighbours or other tenants, who can attest to the property's condition. It might also be beneficial to obtain a professional inspection report detailing the extent and nature of the disrepair.

As a tenant, if your landlord has misrepresented the condition of the property, you may have grounds for a claim under consumer law for misleading and deceptive conduct. You could potentially seek compensation or a reduction in rent for the period the property was not in the promised condition. Additionally, the Residential Tenancies Act outlines tenants' rights to a habitable property. You can request urgent repairs, and if the landlord fails to comply, you may be able to apply to the tribunal for an order. It's important to document all issues with photographic evidence and maintain records of all communications with your landlord.

The lack of essential repairs, such as guttering and flooring, can significantly affect the eviction process. Landlords have an obligation to maintain the rental property in good repair. If you can demonstrate that the property was in disrepair when you moved in and that the landlord failed to rectify these issues, it might serve as a defence against eviction on grounds of retaliatory eviction or breach of quiet enjoyment. The tribunal may consider the landlord's neglect as a factor when assessing the validity of the eviction notice. It is crucial to gather all evidence of the disrepair and any communication with the landlord regarding these issues.

At the tribunal, potential outcomes could include an order for the landlord to complete necessary repairs, a rent reduction until repairs are made, or dismissal of the eviction notice if the disrepair significantly breaches the landlord's obligations under the relevant Residential Tenancies Act. If the landlord misrepresented the property's condition, the tribunal might also find that the landlord engaged in misleading or deceptive conduct, which could influence any compensation claims. Be prepared for the tribunal to set specific deadlines for compliance with any orders given.