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Original poster

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:
TonTonMacoute · 21/04/2025 11:59

From bitter experience, OP, it's just not worth it. It will cost you quite a lot of money, and be hugely stressful. This is why, in spite of all the laws and protections, people still stuff people over and get away with it.

PencilsInSpace · 21/04/2025 11:58

DisgracefulBehaviour · 20/04/2025 22:37

Thanks. I have tried Shelter recently and going back months ago when landlord was dragging his heels about doing the major work, but can never get to speak to anyone!

I have checked the legal side myself and am pretty confident we have a case.

If you can't get through to Shelter try CAB, or your council might have a private tenants adviser.

Jobs4kids · 21/04/2025 11:37

AhBiscuits · 21/04/2025 10:04

I agree that she doesn't need to be physically provided with it upon move in, as long as she is before the notice is served. But a valid gas certificate must exist on the day she moved in. If there wasn't one in existence, the landlord cannot evict her using Section 21, as per the case law in my later post.

Source: I'm a lawyer specialising in landlord and tenant law.

Edited
Show quote history

Happy to be corrected, but my understanding was that so long as the current cert was provided prior to the section 21 being served (along with the epc & how to rent guide, the notice is valid. I work for an agent and in the small number of S21s we've had challenged in court, we've only ever been asked to show we served the current cert, not to produce the one from 5 years ago when the tenant moved in. Having said that, we NEVER let a tenant move into a property without giving them a valid gas cert first, and keeping evidence it was given. At least not since a famous case a few years back where this was raised, not worth the risk! However, I dread to think with regards to older tenancies before this all blew up!

PencilsInSpace · 21/04/2025 11:28

Get this moved to Legal, you'll just get a load of vindictive nonsense on AIBU.

You probably have a defence against the S21 notice:

You may be able to get compensation but court is the most longwinded and expensive of several options. If you rented through an agent you could use their redress scheme, or you could go to the housing ombudsman:

https://england.shelter.org.uk/housing_advice/repairs/compensation_for_disrepair_and_poor_conditions

AhBiscuits · 21/04/2025 10:56

Yes, you don't need a EICR for a section 21. You do need an EPC though.

IsItSnowing · 21/04/2025 10:55

Landlords can be fined for not having an EICR in place when the tenancy starts but that money would go to the local authority not the tenant.
While it might seem unfair, the landlord has a right to issue a S21. As others have mentioned, you should check that it is valid. I don't think the lack of an EICR invalidates it but I'm not a lawyer. A non-protected deposit, however, does.
You can leave as requested or stay and make him get a court order - this could well take some time and would mean you can stay on for now but I imagine is pretty stressful. Lots of people do that though.
As for compensation, you do usually have to show some form of financial loss. It may be possible to get some form of compensation for the disruption. However, these kinds of compensation cases are never straightforward and you never know.

Nsky62 · 21/04/2025 10:34

DisgracefulBehaviour · 20/04/2025 23:00

Of course we’re moving out. No way are we letting this utter nightmare go though now he’s kicking us out too! Why should we?

We entered into a legal business agreement which is what a tenancy agreement is. Landlord did not keep to it.

Ah you’re used to be a letting agent. Does you mean YOU understand how difficult it is to find a property and pack up and move, or just your tenants?

Show quote history

As someone who rents a house out, private agent deals with all maintenance and legalities, I’m a long way from property.
Never met tenant, every need is met, hopefully the agent ( which you prob didn’t use) is responsible, the legal bits.
i certainly wouldn’t want the responsibility without mine being involved

FalseSpring · 21/04/2025 10:15

I agree with others that the landlord can't evict under s21 if the paperwork hasn't been done on time. Just stay put and wait it out and hopefully get your own house ready to move into before you have to leave.

Cam1981 · 21/04/2025 10:09

Needtosoundoffandbreathe · 21/04/2025 08:04

Sounds like revenge eviction england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs

I can't believe some of the responses you've had on this thread OP. You should have received the guide to renting, your deposit should be protected, etc, etc. Unfortunately too many tenants don't have any alternative to renting and therefore don't hold landlords who break the law and those who don't properly maintain their houses and flat to account.

Its only a revenge eviction if Environmental Health served an improvement order

AhBiscuits · 21/04/2025 10:04

Jobs4kids · 21/04/2025 08:12

That's not true. So long as you had the gas cert before the section 21 was served, the notice is valid. He might be on shaky ground for not having an EICR though as that has been a legal requirement since around 2020. You may also know that Section 21 is due to be abolished under the imminent Renters Rights Bill so it's likely he's decided to evict you now as once the bill comes in, it will be much harder. He's probably hoping to get some "easier" tenants who don't highlight issues. You don't say what the issues are and why the previous tenants never complained about them. Not saying you are in the wrong at all, but it's not unusual for a property to be let for years with no complaints, then new tenants move in and bam, issue after issue. Some landlords don't like it! Again, not saying that's OK, just a fact. Many landlords like easy tenants that don't complain!

Show quote history

I agree that she doesn't need to be physically provided with it upon move in, as long as she is before the notice is served. But a valid gas certificate must exist on the day she moved in. If there wasn't one in existence, the landlord cannot evict her using Section 21, as per the case law in my later post.

Source: I'm a lawyer specialising in landlord and tenant law.

onwards2025 · 21/04/2025 09:51

You say you wanted a 2 year rental - how long is your fixed term? If you signed up to less than that being served notice earlier was always a risk for loads of different reasons irrelevant of any issues with the house itself?

BethDutton4President · 21/04/2025 08:22

Astonishing amount of people confidently saying completely different things on here! OP I'm a landlord, not a lawyer but it's legally imperative that your gas and elec certificates are done before the property is tenanted and your deposit must be protected by one of the many schemes that cover it. You should have been given details of this within 28 days of your moving in.

The people saying she's costing him money by demanding repairs-um no, this is maintenance that must be done for him to legally maintain his business. I appreciate that it was disruptive but I don't think you can fault him for fixing everything you ask. He's evicting you so he can put the rent up to cover his costs. My property cost me 14k in maintenance and repairs this year but I see it as an investment and my tenants are great and appreciated it so while I haven't hiked their rent, I also haven't offered them any compensation as they get to enjoy a new kitchen and bathroom.

However, many councils now require landlords to sign up to their own licensing scheme. I'd imagine that if you contact your councils licensing dept, they will investigate and advise accordingly. This happened to a property on my street where the landlord hadn't provided any decent heating or the safety checks for years. The council took him to tribunal and the tenants got a full rebate or their entire rent outlay for their tenancy. It was in v poor condition, though. As others have said, if you take this to tribunal, be aware there is a large backlog.

Best of luck with the new house, your situation sounds v stressful, especially with disabled dc

LittlerCharlotte · 21/04/2025 08:12

itstrue · 21/04/2025 07:13

You should like a nightmare tenant. Asking for compensation for repairs you forced to get done and then sending Environmental Health around all within a few months of a tenancy. You are very new in your renting relationship with your landlord no wonder he’s trying to cut his losses God only knows what you will complain about next!

Yes, nightmare tenant for expecting to live in a habitable, safe house. People nowadays are so picky.

Jobs4kids · 21/04/2025 08:12

AhBiscuits · 20/04/2025 22:53

If this is the case the landlord cannot serve a valid section 21. If there is no valid gas certificate on the day you moved in he is screwed.

Show quote history

That's not true. So long as you had the gas cert before the section 21 was served, the notice is valid. He might be on shaky ground for not having an EICR though as that has been a legal requirement since around 2020. You may also know that Section 21 is due to be abolished under the imminent Renters Rights Bill so it's likely he's decided to evict you now as once the bill comes in, it will be much harder. He's probably hoping to get some "easier" tenants who don't highlight issues. You don't say what the issues are and why the previous tenants never complained about them. Not saying you are in the wrong at all, but it's not unusual for a property to be let for years with no complaints, then new tenants move in and bam, issue after issue. Some landlords don't like it! Again, not saying that's OK, just a fact. Many landlords like easy tenants that don't complain!

AhBiscuits · 21/04/2025 08:06

Retaliatory eviction only applies if the council issued an improvement notice.
Did they?

Needtosoundoffandbreathe · 21/04/2025 08:04

Sounds like revenge eviction england.shelter.org.uk/housing_advice/repairs/revenge_eviction_if_you_ask_for_repairs

I can't believe some of the responses you've had on this thread OP. You should have received the guide to renting, your deposit should be protected, etc, etc. Unfortunately too many tenants don't have any alternative to renting and therefore don't hold landlords who break the law and those who don't properly maintain their houses and flat to account.

Kilroyonly · 21/04/2025 07:49

You are angry because he has evicted you which you believe is unjustified however surely you’d be giving him notice given the house is legally uninhabitable or were you expecting him to rehouse you, get the work done & move you back in? Which is ridiculous

JohnofWessex · 21/04/2025 07:43

Why have successive governments tolerated this for so long.

Taxi's have a proper licensing regime but of course taxi drivers are working class so need it unlike middle class landlords?

HellsBalls · 21/04/2025 07:38

ThejoyofNC · 21/04/2025 07:26

You're just being vindictive.

Hardly. Sounds like the landlord is though.

ThejoyofNC · 21/04/2025 07:26

You're just being vindictive.

IamtheDevilsAvocado · 21/04/2025 07:20

PS advised by a property barrister that at least 1/3 of all s21 aren't legal so therefore would be struck out if got as far as court.

The dates must be exact.

TheLurpackYears · 21/04/2025 07:18

I've had an ex tenant successfully claim against me for much less in the small claims. Of course if he's not inclined to pay, it might be a successfully in paper only.
Is the person you know as the landlord the person named as such on your tenancy agreement?
Get some decent legal advice, and don't rush to pack as theSection 21 is unlikely to be valid.

susey · 21/04/2025 07:16

It looks like you might as well move into the house you own...

itstrue · 21/04/2025 07:13

You should like a nightmare tenant. Asking for compensation for repairs you forced to get done and then sending Environmental Health around all within a few months of a tenancy. You are very new in your renting relationship with your landlord no wonder he’s trying to cut his losses God only knows what you will complain about next!

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