Has anyone ever challenged a section 21 in court?

[thinkingaboutfostering]

Hi I'm looking for some advise. Sorry it's long!
I have been given a section 21 notice to move out of my rental. I have lived in the house since January. I moved in on a six month tenancy which was to automatically fall onto a rolling monthly tenancy after the fixed term ended. I was given notice 8 weeks before the fixed term was due to end as the landlord was claiming he wanted to move on himself (he actually wanted to air B&B the property for the summer but that's another story).
So I looked and found another property to move to paid the fees and deposits on the new house and had started packing ect. Two weeks before I'm due to leave the landlord of the first house suddenly decided that he didn't want me to move out and offered me to stay. I asked for a second fixed term tenancy of 12 months (which is what I was getting in new house) and foolishly agreed to stay.
The new contract was sent to me by the estate agents which I signed and returned to the them. I then went away for a week or so. The estate agents then sent the contract back as I had missed initiating one page. They also then informed me that the landlord had decided to manage the property himself going forwards. I raised objections to this as the landlord lives very close by and there had already been several incidents of him coming banging on my door and waiting outside for long periods of time waiting for me to answer the door. He has also been quite aggressive to several of my surrounding neighbours.
Despite that I liked the house and it's in a good location for me so wanted to stay.

I was then away for a bit and when I came back and found the contract I signed it and was about to return it to the estate agents when I received notification that the landlord now wanted me out and was issuing another section 21 notice.

I have looked and looked and there is absolutely no suitable properties available for me to move to. I am newly self employed and don't have the best credit rating. I also have a dog. I also have a fairly restricted budget. I can't move from the area as my business is based here and I love it here.

I have spoken to shelter and they feel that I might be able to challenge the section 21. They have referred me to legal aid.

I was just wondering if anyone had been through similar and had any advise or knew about the system ect!!!

Thanks if you have read all of it!

Namechanged for this.

Best to find a new place, even if a slightly less nice house or a little further away from work. I challenged a Section 21. About 15 years ago. It's only a temporary solution, buys you a little extra time. The landlord will get you out at some point. I was given extra time to find a new home - but it was granted due to special circumstances (I was unwell). A very stressful experience and not one I'd recommend if you don't need to.

There are other reasons to challenge, if the landlord hasn't protected your deposit any section 21 will be invalid until the money is returned to you in full, or if there's a mistake on the section, i.e. dates. Again, only temporary. Don't waste your time on this. You'll end up still being made to leave but with less chance of anywhere to go.

Unless you're willing to rely on the council to house you when evicted (you'll need to be a priority need category, generally pregnant or dependant children). Bear in mind it will likely be a crappy b&b or hostel (that won't allow your dog) sharing facilities with vulnerable people.

I know it's very stressful, especially in your position, newly self-employed, but it sounds like your current set-up is too insecure. The landlord is coming round intimidating you and the neighbours, and they've messed you around. Btw the landlord is allowed to drop the agents and self manage. Nothing the agents can do about that so pointless complaining to them. I'm sure they're not happy about losing his income! I wouldn't trust the landlord or feel safe and settled there.

You need to focus on getting a better house or flat. In your position, best to get a decent reference if possible from your current agents. You won't win challenging the section 21.

Even if you do it will only buy you a bit of time, even if you're successful. You will then not get any sort of reference. I think you should just put your efforts into finding something else. You may have to move from the area in the short term and look at moving back to the area you want when you've got yourself on a firmer financial footing.

There is nothing else I have been looking for 5 weeks and not a single suitable property has come up in my quite vast search area. As I said I am tied to this area for work.

Shelter believe that I have grounds to claim that I am in the second fixed term tenancy of 12 months which would mean I would be able to stay till that would end.

Has the landlord already signed the contract? Was there a rent increase in the new contract that you've already started paying? If either one of these apply, I think you should have a valid tenancy but you need to check with an expert, Shelter or a housing advice centre.

I really think you should do everything you can to find somewhere else. The landlord sounds dodgy, harassing you and the neighbours. It sounds unsafe. I know it's hard and stressful. I've been in similar circumstances. Is there any way you could widen your search? A slightly longer commute? You're in a house? Downsize to a flat?

There's a Shelter advice week on MN next week. See the sticky about it. I think you should speak to them again.

I really have done everything I can to find somewhere else. I don't really want to stay here but I have no funds to move. No deposit for anywhere else (I lost my deposit by letting the other house go). I can't downsize any further I'm already in a one bed house. I can't and won't move to a flat unless it's got a garden as it wouldn't be fair on the dog. Before anyone suggest I get rid of the dog she is essential for both my mental health and is also a key part of my business.

Tenantwoes

My deposit was taken out of one scheme and reinvested in another at the start of what was to become my second fixed term.
The rent has remained the same.
I have spoken to shelter who believe I may well be in the second fixed term.

The new contract was sent to me by the estate agents which I signed and returned to the them. I then went away for a week or so. The estate agents then sent the contract back as I had missed initiating one page. They also then informed me that the landlord had decided to manage the property himself going forwards. I raised objections to this

What happened after this? Did you initial the missing page and get a signed copy back from your landlord? Did you dispute the new tenancy saying you didn't want your landlord to manage the property and not initial the missing page?

I didn't dispute tenancy but I did dispute the landlord managing it. I said I wouldn't have agreed to stay had I been told before I gave up the new house but that I was now stuck. I didn't have time to initial pages before he issued the section 21

Did your landlord countersign the contract though? It has to surely be both parties.
I don't know if your second contract is legitimate or not but perhaps do everything that you can to widen your search criteria, add ground floor flats etc.
Could you ask your landlord for a two-month extension as you have not been able to find anywhere, to take the pressure off? He might agree.

You have no grounds to dispute the landlord managing his own property? That’s not any part of your business.

Headintheclouds it absolutely is my business when I am the one renting the property and the landlord had already shown no regard for my privacy and my right to quite enjoyment on my home.

No he hadn't signed it but the contract was given to me by the estate agents on behalf of the landlord and all 3 parties had full intention of a tenancy taking place. Shelter have said that this plus the fact my deposit was re put into a tenancy deposit scheme could mean the tenancy has started

OP, definitely post on next week's Shelter clinic here on MN. I'm not an expert. I don't want to give you wrong advice.

The deposit. Some places have no deposit schemes. Have a look. The place you gave up. Should they not have returned your bond minus the holding deposit?

Fees. The law changed in June. There's a lot they can't charge for anymore. What did you pay?

For the dog's sake as much as yours, I really think you should do everything you can to find somewhere else. It's possible you can claim a valid tenancy but it's not certain. You could end up wasting precious time instead of looking for a new home.

I'm also concerned about your landlord's aggressive behaviour. It doesn't sound safe. A flat with no garden isn't ideal for the dog, but as long as you can walk him or her regularly it's better than you and dog ending up homeless.

@compulsiveliar2019 where do you live? I might be able to refer you to a solicitor who does legal aid. My husband does this for a job and he said you definitely have a case in court. But obviously shelter are already helping you with it

I did pay fees but it was mid May and they were still charging them. I also paid a hefty holding fee. I'd also paid a deposit for movers to come which I didn't get back. All in all I lost about £450 which I haven't been able to build back up yet.
I really don't want to go down the road of not having a garden of some sort for the dog. The one I have here is tiny but big enough to let her go to the loo. She is regularly walked but i don't want to have to take her for a walk at 3am when she decides she needs a wee.
I will definitely post on the shelter post next week

I'm in Devon

Shelter may well be right - I'm not saying they aren't. I was wondering what they were going on. Some of their advisors are stars, some struggle a bit more - they gave me some slightly sketchy advice once - but they're an amazing charity.

What will you be asking for from the court? The reinstatement of your contract, back to the date it started? Your worst case then, if your claim is successful, would be that you'd be asked to leave at six months if there's a break clause then. I'm not sure you'd get to say the landlord couldn't manage it, I think that's an agreement between the agency and landlord and I'm not sure you're legally entitled to a say in that, but if you could cope, that might not be a huge deal.

Moving house when you're newly self employed is a nightmare even without a dog, you have my sympathies.

Ideally I need to stay here till for the 12 months that I had planned on being here. And again ideally I want the estate agents to manage it as I don't really want direct contact with the landlord. I have even offered to pay for this.
The guy who I spoke to at shelter seemed very good and he took loads on information and then went off to speak to some of his colleagues about the situation. He then came back to say that they would put me in contact with legal aid.

I hope it works out for you. Unfortunately you can't force the landlord to use an agent but hopefully you'll be able to stay (if that's the best scenario right now).

A lot will depend on the paper trail. You relied on a promise from your landlord which has been broken to your detriment. Thus you could argue estoppel. Google the term, get help advise your landlord that he has created a tenancy by estoppel. Chances are he will back down. In the meantime look for somewhere else, because it avoids the stress