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Can I take this NIGHTMARE landlord to court?

184 replies

DisgracefulBehaviour · 20/04/2025 22:31

We sold our house last year to release funds as we inherited a house in a different area that we wanted to live in ourselves due to position, large plot etc, as our forever home but the house itself needed fully gutting and we also wanted to add on a self contained annex for our disabled adult son which we needed planning permission for. Our youngest son was also due to start GCSEs so we decided to rent while we completed work on inherited house and he finished school when we will then move up there.

We found a rented property literally a few streets from our old house and stressed that we needed to rent for two years, landlord wanted long term renters so no problem.

Within a short time after moving in it became apparent there was a major issue in the house, house was tenanted previously but letting agents apparently were not aware. After months of toing and froing, landlord had to get builders in and complete costly work which took 8 weeks. We’d been in the property 3 months.

Landlord not happy as said he could not afford to do the work.

We’d requested compensation for the inconvenience as having builders in was a major disruption and we had issues with them leaving mess in the house. I was very upset that we had to leave people we did not know in the property while we were all out.

Landlord said compensation was not justified! Decided not to pursue it as we didn’t want to antagonise the landlord and get kicked out.

A month ago, I contacted environmental health due to a further issue the landlord has refused to deal with. The officer also noticed a major issue that needed immediate rectification so landlord had to do more work.

We have now been served with a Section 21 - no reason given - after 6 months.

I am absolutely furious I have to say. Rent paid on time, house immaculate etc.

We put up with all the work being done as we expected when it was done, we’d be left to it and obviously didn’t want to move again in such a short time considering our timescale. We’d never taken the property if we had known this would happen. It’s a high rent for our area too!

We also never had a copy of the EICR, a serious safety hazard pertaining to that was what was picked up by environmental health, so we are assuming a report was never done.

I have an online court claim prepared to sue the landlord for all 6 months rent in compensation, for stress and breach of quiet enjoyment. I think I have a chance of success.

AIBU?

OP posts:
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DrPrunesqualer · 23/04/2025 14:45

PrincessofWells · 23/04/2025 13:00

It has yet to be determined whether failing to provide a gas safety certificate before the commencement of the tenancy makes a s21 invalid. The landlord could commence possession proceedings, but you could defend on the basis the s21 may be invalid, and let the court decide. I can envision making a very strong argument as to why it is invalid.

Is there a valid epc, and were you given the how to rent booklet. And was your deposit put into a scheme within 30 days of the commencement of the tenancy, and were you given the prescribed information within the same timeframe?

I keep posting re this.
We’ve seen this before.

The LL will get nothing more than a slapped wrist. As long as there’s a gas cert now the judge will waive it through!

Been there!

FlowerFairy12 · 23/04/2025 13:29

YANBU but don’t expect to get anywhere. In my renting days, we had to get environmental health out in one flat for the following reasons; husband kept getting electric shocks through the pull cord in the bathroom/water dripping through the light fittings in the kitchen and bathroom/mould/damp.

However, not only did Environmental Health do nothing, the landlord gave me a S.21 a week before Christmas right after her visit 🙄

So thankful that we own now.

orangedream · 23/04/2025 13:15

Silverfish are notoriously hard to get rid of. You say they've been treated three times. You are annoyed that you had to vacate for the exterminator but are also annoyed that he didn't come more often?

You seem to be in a temper that the landlord has evicted you even though you didn't like the rental. It sounds like he's spent substantially more than your rent on repairs that you demanded. No landlord would keep you on.

PrincessofWells · 23/04/2025 13:03

DisgracefulBehaviour · 20/04/2025 23:04

You’ve moved 3 times in 6 months due to the landlord selling up?

I would have thought as a letting agent you would have known the minimum term for a tenancy is 6 months?

No it isn't. It's 2 months.

PrincessofWells · 23/04/2025 13:00

DisgracefulBehaviour · 20/04/2025 22:52

We know. We’re not challenging the Section 21 although it is outrageous after all the stress we’ve been through.

It’s about taking landlord to court.

No gas certificate from move in but gas check was done in December shortly after we moved in.

It has yet to be determined whether failing to provide a gas safety certificate before the commencement of the tenancy makes a s21 invalid. The landlord could commence possession proceedings, but you could defend on the basis the s21 may be invalid, and let the court decide. I can envision making a very strong argument as to why it is invalid.

Is there a valid epc, and were you given the how to rent booklet. And was your deposit put into a scheme within 30 days of the commencement of the tenancy, and were you given the prescribed information within the same timeframe?

DrPrunesqualer · 23/04/2025 12:50

LUBAR · 23/04/2025 05:54

@DisgracefulBehaviour ignore most of the unhelpful and wrong advice in this thread, e.g. (not that I work for them but...) Shelter doesn't only help people in social housing!

For a start read the link I am sharing below. It's on the gov.uk site so you know it's official. The law regarding evictions will change at the end of this year, but for now the following stands when it comes to tenancies.

When renting, a landlord has certain obligations to perform outlined here: https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england

One thing that sticks out to me is that your landlord did not provide you with a gas safety certificate before you entered the property. Do you have proof of this? I am assuming it should be easy to prove as legally you would usually sign an electronic or hard copy of your tenancy agreement to indicate you have also received the required documents, e.g. the How to Rent booklet, a gas certificate and an EPC. If it goes to court, the onus is on the landlord to prove you received this at the start of the tenancy, so check the date of the one they subsequently provided you. If it's after your move-in date, which it should be, they're in trouble.

Also, did your landlord protect your deposit property and provide the prescribed information relating to the tenancy deposit within the required 30 days?

For me, it's the lack of the gas safety certificate at the start of the tenancy which sticks out. The fact that they did not provide one (even though they did so later) renders the Section 21 invalid, so they can't evict you.

Above all, I hope you kept your correspondence with your agent/landlord/environmental health/council, by email only so you have proof of the silverfish/damp/electrical/leak issues.

If the landlord did not protect your tenancy properly or provide the prescribed information after 30 days of protecting your deposit, you're entitled to claim up to three times of your deposit from the landlord.

To answer your question, yes you might have a case for taking action against your landlord.

In March 2019, a new law came into effect (the Homes Act) which stipulates that a property must be fit for human habitation. Read about it here: https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018

You can see that a few of your issues are in Step 2.

If you believe your landlord has taken too long to fix the issues, go to Step 7.

I think you should seek legal advice as you do have a case against your landlord.

Re The lack of a gas cert.

Whilst the lack of a gas cert at the beginning of tenancy is an issue the working reality in the courts it that as long as they have one now they’ll wave it through.
They can’t deny the landlord his property back forever.

If they didn’t when the s21 was issued it will be thrown out. The LL will need to issue one and then issue another s21 after.

DrPrunesqualer · 23/04/2025 12:46

AncientAndModern1 · 23/04/2025 03:52

Section 21 isn’t the only way to get a property back. Section 21 evictions will be abolished entirely soon so not unthinkable.

I’m aware. But not that soon. So it won’t effect OP.

What do you mean by ‘not unthinkable’. The changes made for Section 8 still won’t obliterate a LLs right to get their properties back if they haven’t followed correct procedure. It may be a bit more hassle, it may take longer, but it wont deny them the right.

Unless there’s something in it I haven’t noticed of course.

LUBAR · 23/04/2025 05:54

@DisgracefulBehaviour ignore most of the unhelpful and wrong advice in this thread, e.g. (not that I work for them but...) Shelter doesn't only help people in social housing!

For a start read the link I am sharing below. It's on the gov.uk site so you know it's official. The law regarding evictions will change at the end of this year, but for now the following stands when it comes to tenancies.

When renting, a landlord has certain obligations to perform outlined here: https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england

One thing that sticks out to me is that your landlord did not provide you with a gas safety certificate before you entered the property. Do you have proof of this? I am assuming it should be easy to prove as legally you would usually sign an electronic or hard copy of your tenancy agreement to indicate you have also received the required documents, e.g. the How to Rent booklet, a gas certificate and an EPC. If it goes to court, the onus is on the landlord to prove you received this at the start of the tenancy, so check the date of the one they subsequently provided you. If it's after your move-in date, which it should be, they're in trouble.

Also, did your landlord protect your deposit property and provide the prescribed information relating to the tenancy deposit within the required 30 days?

For me, it's the lack of the gas safety certificate at the start of the tenancy which sticks out. The fact that they did not provide one (even though they did so later) renders the Section 21 invalid, so they can't evict you.

Above all, I hope you kept your correspondence with your agent/landlord/environmental health/council, by email only so you have proof of the silverfish/damp/electrical/leak issues.

If the landlord did not protect your tenancy properly or provide the prescribed information after 30 days of protecting your deposit, you're entitled to claim up to three times of your deposit from the landlord.

To answer your question, yes you might have a case for taking action against your landlord.

In March 2019, a new law came into effect (the Homes Act) which stipulates that a property must be fit for human habitation. Read about it here: https://www.gov.uk/government/publications/homes-fitness-for-human-habitation-act-2018/guide-for-tenants-homes-fitness-for-human-habitation-act-2018

You can see that a few of your issues are in Step 2.

If you believe your landlord has taken too long to fix the issues, go to Step 7.

I think you should seek legal advice as you do have a case against your landlord.

Vatsallfolks · 23/04/2025 04:09

ToKittyornottoKitty · 20/04/2025 22:47

Nope i rent. And as that’s probably permanent for me I’d be too scared to demand compensation etc because I no id get evicted. I didn’t say I agree with him, I said it’s not surprising he’s done this, especially as the house needs work and he’s struggling to afford it.

OP you go for it ! It’s not your job to know if a house is fit for human habitation. That’s on the landlord.

As for the poster above who thinks you should keep quiet and not upset the landlord when they have been both negligent and irresponsible by not having the correct certification - what utter bollox . It’s behaviour like that that encourages shit landlords .

Landlord and Tenant law is not my specialty however based on the fact that the correct certification has NEVER been in place , plus the 8 weeks of disruption.. I think you have an excellent case to get your money back and should definitely pursue this claim.

AncientAndModern1 · 23/04/2025 03:52

DrPrunesqualer · 23/04/2025 03:06

As long as the LL gets the certs to the tenant and issues the s21 after, the courts will accept it.
They can’t never allow a LL to not get their property back

Section 21 isn’t the only way to get a property back. Section 21 evictions will be abolished entirely soon so not unthinkable.

AncientAndModern1 · 23/04/2025 03:50

Mad thread. Obviously the landlord is a horror and the OP has been treated appallingly. Who would put up with the entire contents of a bath pouring through the ceiling below every time they had a bath? Or the shower leaking into electrics. The silverfish infestation sounds disgusting, especially in your beds. If it wasn’t for the infestation I’d simply refuse to be evicted using the gas cert exemption, but I couldn’t live in a damp, unsafe, infested house. Talk to CAB about your plans to sue (in small claims?) to check you have a case.

DrPrunesqualer · 23/04/2025 03:06

S0upertrooper · 23/04/2025 02:21

I don't think a landlord can issue a section 21 if the didn't provide a EICR (or any other legally required certificates) However I don't think you'll be granted the value of 6 months rent. It's a ball ache to move but the court costs and stress of fighting the LL might be more hassle than they're worth.

As long as the LL gets the certs to the tenant and issues the s21 after, the courts will accept it.
They can’t never allow a LL to not get their property back

EmeraldShamrock000 · 23/04/2025 02:27

Count your lucky stars this is temporary in your life.
The LL has the power in this situation.
So many tenants are in awful properties, if they complained about anything, they're out.

S0upertrooper · 23/04/2025 02:21

I don't think a landlord can issue a section 21 if the didn't provide a EICR (or any other legally required certificates) However I don't think you'll be granted the value of 6 months rent. It's a ball ache to move but the court costs and stress of fighting the LL might be more hassle than they're worth.

DisgracefulBehaviour · 23/04/2025 01:24

Missanimosity · 22/04/2025 22:14

Sorry OP but you are rude and overdefensove with people who give you helpful advice. Your sarcastic comments don't help. Instead of getting help you're getting arguments becsuse you fight with everyone who have different opinion from yours. You also dripfed massively from initial post saying about the environmental agency to water pouring through ceiling to water pouring on PS to you being disrupted working from home and to not having accessvto toilet and to half of the house. Few more posts you will say you had to swim. Is like the deeper we go in the details the more you try to convince us (or yourself) that you deserve your compensation and throw arguments and situations in. Because of that I find it hard to believe you. If you hadbwater pouring through and unable to use toilet surely you would move yourselves out and let the landlord know that the house is inhabitable. They would have had to refund you then. This is the normal thing to do, not staying put than sueing for emotional distress. Is like you are looking for quick money. Just my honest opinion.
Edited for typos

Edited

Move ourselves out to where?

We asked to be reimbursed for a hotel when were were told we could not use both the bath in the bathroom and shower in the en-suite to wash in but were told as it was only going to be for 48 hours, the landlord didn’t have to. That then turned into a week. Same with the boiler being damaged, it would be fixed in 24 hours so the landlord didn’t have to supply alternate heating appliances, but the landlord insisted his bodgejob contractor repair it himself so he didn’t have to pay for it, which he couldn’t, so it was 6 days.

Yes it was like a paddling pool, if you can imagine continuous buckets of water pouring through the ceiling which was all the water draining from a bath. This was around 10 days after we’d moved in and I’d decided to have a bath to relax after all the moving and unpacking. Someone was downstairs, luckily, and heard the ceiling crack and water pouring from the next room so was able to shout and we all came down and grabbed buckets and loads of towels. I say luckily as there was a PC, laptop and monitors with electrical leads directly underneath and he was able to push the desk away and thankfully the laptop was closed!

The letting agent was strangely unbothered and said if there was water damage, we would have to claim off our own insurance, no matter that our premium would go up and we’d have excess to pay. They sent someone out 3 days later to fix the bath,

The second time the bath was used, after we were told it had fixed and had waited for the sealant to dry, the exact same thing happened but thankfully we’d moved the desk!

At the same time, because we’d all been using the en-suite shower, water was dripping through the light fitting down into the same room, as the bathroom and en-suite are next to each other.

When the (different) plumber came for that, we were told it could not be used as the shower was so old, the water was pouring through the corners into the floor space, and it needed to be completely ripped out.

When it was ripped out months later, the walls under the wall tiles were mush and thick with black mould and skirting boards were wet and sodden but this was also coming from the shower over the bath in the bathroom next door which was leaking through the wall tiles. The only reason it isn’t still leaking now is that we put another shower curtain inside the bath so we’re in between two shower curtains (which is annoying as they blow on you from the shower pressure) and the wall doesn’t get wet. Landlord said initially they’d retile but then said they wouldn’t and gave notice!

It’s unbelievable but true.

Pest controller found a massive silverfish infestation in between the bath and en-suite walls
from long before we moved in. Landlord kept saying when the damp was gone, they’d go but the wall needs ripping out.

I’ve never seen anything like it in my life.

What was worse was that the landlord kept delaying work on the en-suite, telling us a plumber was going to start but then saying they taken other jobs so couldn’t start. DH was booked for a major operation and we planned it that the work would be finished as we were initially told, then they turned up 2 days after he came out of hospital so he couldn’t rest in bed as en-suite is in our room and had to recuperate on the sofa with contractors in and out and noisy building work going on - ripping out the whole en-suite and cutting tiles. 8 weeks of will they turn up today as they’d say they were coming and then text that they couldn’t.

We let them get on with and didn’t complain, hoping when it was done, we’d be left in peace only to get an eviction notice just over a month later!

Too right I’m furious!

We have found another property, which we were accepted for today, more expensive as it’s the only one in the area, but we’re having to pack up again, pay for another removal van, and then most likely fight for our nearly £3k deposit back, after only 7 months and yes we were assured that it was a long term let but they put a 6 month break clause in the contract. I’m going to have to inspect everything to make sure the silverfish don’t come with us as well,

TBH I can’t believe the responses I’ve got and it just shows that if people don’t think this was a despicable way to treat tenants who did absolutely nothing wrong, then I can only say that MN must be full of landlords who behave this way themselves.

I have read up on all the legislation, not much in the way of case law, but hopefully I can make some for other poor tenants experiencing similar!

OP posts:
Missanimosity · 22/04/2025 22:14

Sorry OP but you are rude and overdefensove with people who give you helpful advice. Your sarcastic comments don't help. Instead of getting help you're getting arguments becsuse you fight with everyone who have different opinion from yours. You also dripfed massively from initial post saying about the environmental agency to water pouring through ceiling to water pouring on PS to you being disrupted working from home and to not having accessvto toilet and to half of the house. Few more posts you will say you had to swim. Is like the deeper we go in the details the more you try to convince us (or yourself) that you deserve your compensation and throw arguments and situations in. Because of that I find it hard to believe you. If you hadbwater pouring through and unable to use toilet surely you would move yourselves out and let the landlord know that the house is inhabitable. They would have had to refund you then. This is the normal thing to do, not staying put than sueing for emotional distress. Is like you are looking for quick money. Just my honest opinion.
Edited for typos

Heronwatcher · 22/04/2025 21:51

I’m sorry if I have missed this but-—

  • what is your cause of action (breach of contract? Negligence? Fraud?)
  • breach of lease terms could be a breach of contract but it does sound like the landlord has now done quite a bit of work. The landlord might also claim that they were let down by trades etc and it wasn’t their fault
  • have you researched case law etc on what evidence you need to establish your cause of action. For example there might be case law on how long is reasonable for a landlord to look for a tradesman etc.
  • how have you calculated your damages- it would normally be only what the “breach” caused and you do seem to have lived in the house for lengthy periods
  • have you checked that the person you intend to sue has any money? If it’s a company for example they might just go into insolvency, wealthy individuals might keep money offshore. Is the house you rented owned by the party you intend to sue? Otherwise you might end up with a judgment in your favour but which is completely unenforceable.

I have no doubt that the landlord was shit but if you go into this half prepared you might end up worse off than before.

PsychoHotSauce · 22/04/2025 21:38

DisgracefulBehaviour · 22/04/2025 21:11

Yes it is unjust enrichment but on the landlord not on the tenant!

What ‘punishment’ do you think the landlord should get?

I know it's shit (the law in general often is), but it doesn't set out to 'punish' i.e. compensate over and above your actual losses to prove a point to the other side. That's just the way it is. You seem to think you'll get free money for your outrage and that just won't happen.

And you can add unjust enrichment to your own claim if you want <shrug> but you'll have to prove it. As you said, it's a business arrangement. He's entitled to make a profit.

DisgracefulBehaviour · 22/04/2025 21:33

Hoppinggreen · 22/04/2025 21:02

Rude

This was the post I was responding to:

A silverfish is about half an inch long at most, they are not slimy, in fact I think they are rather sweet. If your son is upset by a small legless insect to that extent, I think you have more problems than a dodgy landlord.
’Mass panic’ ! Blimey….

How is it rude to respond that not being bothered by a pest infestation of slithering insects, including in your clean clothes, beds etc is pretty low standards?

Most people would be, wouldn’t they? In RL I mean, not in the MN land of keyboard warriors with not much else to do but post stupid comments.

We’re not talking about a ‘cute’ solitary silverfish we nicknamed Kevin hanging out in the bathroom sink but a whole horde of them.

OP posts:
DisgracefulBehaviour · 22/04/2025 21:18

User46576 · 22/04/2025 20:59

It’s hard to tell from ops rantings but it seems that they’re doing some of the work because it needed done (water pouring through ceiling etc) and the rest was because they needed to sell.

Please elaborate on my ‘ranting’. What an odd and extremely rude thing to say. Do you term anyone posting about anything as ‘ranting’?

I thought I explained myself and clarified things reasonably well.

OP posts:
DisgracefulBehaviour · 22/04/2025 21:16

User46576 · 22/04/2025 20:59

It’s hard to tell from ops rantings but it seems that they’re doing some of the work because it needed done (water pouring through ceiling etc) and the rest was because they needed to sell.

All of it needed to be done but the landlord told us he only did it do they could sell. Would have left it otherwise.

It was not cosmetic or an improvement unless you count not being able to use a shower because water poured through the ceiling with being able to use a shower without water pouring through the ceiling.

OP posts:
DisgracefulBehaviour · 22/04/2025 21:11

PsychoHotSauce · 22/04/2025 20:35

You don't get 'compensation' for a business breach of contract either you know. You can only claim for loss or damages. You're asking to have lived rent free for 6 months, at the landlord's expense as 'punishment' for being a shit landlord. In law, that's called unjust enrichment. No judge will grant you that.

Yes it is unjust enrichment but on the landlord not on the tenant!

What ‘punishment’ do you think the landlord should get?

OP posts:
Hoppinggreen · 22/04/2025 21:02

DisgracefulBehaviour · 22/04/2025 10:07

They are classed as a pest. Plenty of people would be upset and bothered by an infestation in their home, let alone one in clothes they were actually wearing.

Just because you may have extremely low standards, doesn’t mean everyone else has.

Edited

Rude

User46576 · 22/04/2025 20:59

Robotcustard · 22/04/2025 20:37

Would this come under a revenge eviction? I know the work has been done, but it seems that’s why they’re evicting you. I would get some advice from Shelter.

It’s hard to tell from ops rantings but it seems that they’re doing some of the work because it needed done (water pouring through ceiling etc) and the rest was because they needed to sell.

Robotcustard · 22/04/2025 20:37

Would this come under a revenge eviction? I know the work has been done, but it seems that’s why they’re evicting you. I would get some advice from Shelter.