Can I take this NIGHTMARE landlord to court?

If you have the time, energy and finances to take him to court then do it.

He's a shonky landlord and hopefully the hassle of court will persuade him to sell up.

Many tenants wouldn't have the freedom of going to court either because of the financial cost or the risk of being blacklisted by other shonky landlords.

Just don't actually expect anything to be paid - my current tenant is owed compensation from her previous landlord, but he's just declared himself bankrupt to avoid paying. He has thankfully sold his rental so no one else's family will be put in danger.

Emotional distress isn’t something you can get compensated for in England.

Focus on researching what claims you have for renting a defective property and not benefitting from quiet enjoyment.

I’m sure others will have told you already but just in case.

It would have been different if it the issues had started AFTER we moved in but we have evidence that they were present before.

What evidence? Proving issues before you signed the tenancy you mean?

The OP is paying top dollar for 2 years. It’s reasonable to expect the house to be well maintained. If you read all her posts, the faults were known by the landlord prior to the tenancy commencement. She has had to suffer the inconvenience of remediation work whilst living in the property, whereas a reasonable landlord should have made the repairs prior to letting.
Greedy landlord.

Yes, my landlords try and use a Section 8 ground if they can, most commonly Ground 1. You can use this one to gain possession if you have ever lived at the property or intend to move in to it.

Basically your costing the landlord money so he's evicting you. You should have kept quiet done yours up then moved into your new home God knows why you keep bothering the landlord

From that Pallant Chambers link:
Conclusion
In this author’s opinion, HHJ Bloom’s decision that the failure to have a GSC at the commencement of a tenant’s occupation of the Property is an irredeemable breach of the 1998 Regulations, and thus, of section 21A is both unsurprising and correct. The Learned Judge gave the intended and only logical meaning to section 21 of the 1988 Act and the 2015 and 1998 Regulations. As a result, Landlords are now compelled to comply with these provisions or face the consequences. The decision, while punitive, appears to be the only correct way to interpret the regulations. It is going to be interesting to see if and how HHJ Bloom’s ratio is applied by the courts going forward.

The article also says:
These Landlords can now only evict their tenants using section 8 of the 1988 Act with reliance on at least one of the grounds for possession found in Schedule 2 of the 1988 Act.

Using a time machine? How will they get a gas certificate that was valid on the day the tenant moved in?

Read the current case law, things change. I wouldn't want someone to read the thread and take away the wrong advice. This is my practice area.

So I was right in my first reply which says they have then get a gas certificate to then reapply for the section 21….

https://www.pallantchambers.co.uk/blog_post/august-2023-byrne-v-harwood-delegado-no-gas-safety-certificate-in-place-at-the-start-of-a-tenancy-no-no-fault-eviction-section-21-of-the-housing-act-1988/

When was this though? Because there was a court decision in 2023 that found you could not serve a section 21 if you didn't have that first one. The judges are following this decision. My team have about 10 possession hearings a week now and the duty solicitors are hot on scrutinising the documents.

Good for you OP, landlords have been taking the piss for too long now. They get away with it because tenants are scared they'll get evicted or "it's not worth the stress".
The worst part is you say your rent was higher than average for your area. It's the greed and thinking they'll get away with it that's most disgusting.

No.
My cousin didn’t issue one at the beginning of the tenancy but when she issued a section 21 as she had carried out yearly safety checks and the tenants had been given certs over the course of the tenancy it was fine.

At the same time she also had other tenants that she never issued a gas certificate to.She Issued a s21 and it was thrown out because there was no cert. She got a gas safety check. Issued the tenants with the cert. Then issued them with a new s21. It was accepted in the courts.

The courts will not deny a landlord getting their property back just because all the paperwork isn’t correct but the whole process could take much longer.

Welcome to the real world - you’re in for a shock.

So the landlord has actually addressed all the issues you raised, quite promptly?
I think you’re on a hiding to nothing expecting your rent returned, tbh.

Correct. It'll be irrelevant soon anyway, no one will be able to serve one.

So if there wasn’t a gas certificate on the day she moved in he can never ever issue a section 21 ever???

Your landlord sounds an absolute nightmare. I haven’t read the full thread but in your case I would be putting pressure on your letting agent. They have not be doing their job if you have not been immediately issued with gas certificates etc.
We have rented several properties in the past and think that we have really been fortunate that we have never had landlord problems. IMHO I would take your LL to court.

As long as he has access to a time machine. A gas safety certificate that was valid on the day she moved in needs to exist. If it doesn't exist, he cannot ever serve a valid section 21.

You are likely to be able to claim compensation for the 2 months rent during which the building work was done. You are extremely unlikely to receive anything but a very small token for stress if anything.

In additional it is likely to cost you upwards of 10k in legal fees, which you will not be awarded as a small claim.

This is going to cost you more than you’ll receive. What you think you should be entitled to does is not what you will be awarded in reality.

Having renting for over ten years until we managed to leave the rent trap id put your energy into finding another place asap. We had water running down the wall of our lounge and having sent photos and phoned agent daily...it was caused by the gutters. The poor agent couldn't get the landlord to sort it. Anyway we gave notice and left. If the ll doesn't want to do anything they dont

It's not ridiculous, it's realistic.

You're really, really overstating your legal position. If you attempt this through small claims (as in money claim online), you won't get ANY legal costs back even if you win (people generally pay their own costs with MCL). So all legal advice (which you will need) even if you don't have a solicitor in court with you, come out of your pocket.

If you go the Part 7 route, you'll still pay roughly 40% of your own legal bill - and that's IF you win. Or all your legal costs AND approx 60% of the landlord's cost (possibly more!) if you lose.

Because he was a bit unfair and caused you upheaval and inconvenience? Welcome to renting.

Fwiw my LL cheerfully told me to move out for two weeks so the (perfectly functional, just a bit tired) kitchen could be refurbished. I wrote back and asked how it worked with not paying rent for the two weeks - did I just pay half for that month or what? No answer, then an eviction notice. For having the audacity to suggest not paying a full month's rent when I was only allowed to live there for half the month. He fully expected me to pay him full rent and allow him to add value to his asset in the form of a new kitchen, and have to find somewhere else to stay at my cost for two weeks (probably longer). I love a good fight but I am telling you you are on a hiding to nothing with this one.