A WOMAN in Colwyn Bay with numerous health issues is at risk of being made homeless after her appeal against an “unjust” eviction notice was turned down.

Bernadette “Grace” Grabowska-Kirk, 69, a tenant at Princess Court (retirement housing for those aged older than 53), was served with a Section 21 notice last summer.

Landlords Sinclair Gardens Investments (Kensington) Ltd gave her until October 11, 2022 to leave Princess Court, which she moved into in November 2021, following receipt of her “no fault” eviction.

But Ms Kirk said she was advised by both Conwy Housing Solutions and the homelessness charity Shelter to stay put for the time being.

She then appeared at Prestatyn Justice Centre on March 14 in an attempt to have her Section 21 quashed, but failed - as a result, she must leave Princess Court by April 25.

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Ms Kirk said: “The outcome was as expected. I've been granted the maximum term of 42 days’ notice, plus court costs of £454. 

“As the Section 21 was issued last year (before new regulations came into place), the magistrate, although sympathetic, explained that he couldn't revoke my Section 21 because up to last year, landlords could ask tenants to leave a property without giving any reason. 

“From 2023, they must give a reason, and six months’ notice.

“That I think, will prompt a lot of rogue landlords to either sell their properties, or make excuses to get rid of tenants who complain about them.

“So, although I'm not relishing the fact that I've got to find somewhere else and move out in 42 days’ time, I'm glad I didn't go quietly. It's not my style to allow anyone to silence, intimidate or bully me.”

As of December 1, 2022, Welsh Government’s Renting Homes (Wales) Act 2016 came into force, changing the way all landlords in the country rent out their properties.

Part of those changes included the eviction process – Section 21s were abolished, and instead, a landlord will now need to serve a Section 173 notice.

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Providing the tenant had not breached the occupation contract (previously known as tenancies), the Section 173 notice period is six months.

Ms Kirk said she was advised by Shelter and Conwy Housing Solutions not to leave her flat following October 11.

A Conwy County Borough Council spokesperson said: “In such cases, when a tenant has been served an eviction notice, the authority reminds the person of their rights in relation to remain at that property.”

She said her health issues include insulin-dependent diabetes due to stress, and asthma/bronchiectasis.

Ms Kirk said she repeatedly contacted Sinclair Gardens Investments (Kensington) Ltd, and maintenance company Hurst Management, about issues such as out-of-order lifts and washing machines.

Correspondence she has had with Hurst Management, she said, resulted in her being told she had been “rude and aggressive”.

She added: “I’m not going down the private landlord route again; I’d rather sleep in my car.

“I think it (eviction) is just really unjust – not by the magistrate, but by the landlord. My and son and I have tried to iron things out with them, but they wouldn’t speak to us.

“You move in thinking it will be a great place, and when you get there, you find a load of issues – with appliances, between people… the whole situation isn’t right. I haven’t got anyone that can help.

“They wrote in a letter that I was rude and aggressive, because I stuck up on a noticeboard the email that I sent the management team. I’m a 69-year-old woman, not a schoolgirl.

“When you apply for a property, it’s a one-sided thing. I don’t get any references about my potential new landlord, so I know nothing about them, but they know all about me.”

Attempts were made to contact Shelter, Sinclair Gardens Investments (Kensington) Ltd and Hurst Management for comment.