To claim compensation from previous landlord?

[Charlieandthechocolatecake]

We had to leave our last house because we were served a Section 21 Notice 2 months before the end of the fixed term of 6 months. We had problems from the day we moved in. Damp and mould in kitchen and rear bedroom. We never used that bedroom while we were there. We were informed before we moved in that the landlord had done a lot of work in the house due to precious owners not caring for it properly. According to my neighbours after moving in, it was nothing more than a cover up job.

Somebody was sent round to look at the roof which was fine with no holes. Landlord installed extractor fans in the kitchen and bathroom which made no difference as the windows were always open for ventilation anyway. EA blamed us for drying clothes indoors which we don't. EA told us to update them after Christmas if the extractor fans had helped.

After Christmas I told them they'd made no difference and that the exterior walls in the kitchen and rear bedroom needed to be properly stripped and replastered/painted as the mould was growing through LL's paint job.

EA come over with the intention if doing an inspection and instead serve is with a Section 21 Notice. EA said they didn't know why the LL was serving us as he had given them no further instruction in regards to reletting or selling the house.

I know we could have stayed until we received a court order but DP has a stressful job and DS1 is settled in reception so we wanted minimal disruption.

We found another house and after the check out inspection, our deposit was returned in full.

My problem is that the same day we handed the keys over, the house was relisted. This was obviously a revenge eviction.

I believe that the LL should cover our moving costs as compensation and I intend on writing a letter before action.

Is this fair?

And most importantly, am I being unreasonable?

Which country do you live in? E.g. England?

No legal advice here, but YADNBU and I'm sorry your old landlord is clearly a dodgy fucker Hopefully someone else can offer some advice soon.

My partner and I went to look at a flat very close to where we already lived which, from the second we walked in, absolutely reeked of damp. The windows were all wide open and had been all morning (we'd walked past a few hours before the viewing and noticed them open then). The estate agent had been clearly trying to air the place out in the hope that we wouldn't notice. As well as the smell, though, one of the bedroom walls was absolutely covered in damp spots and mould.

As soon as we pointed it out, the estate agent started nodding sagely and saying oh yes, he'd noticed it too and was taking it very seriously, he'd be informing his bosses and making sure the landlord got the roof fixed etc. He agreed with us that the place wasn't fit for anyone to live there in its current state, and said he'd keep us posted on the repairs and let us know when it was back on the market.

Guess what? It stayed on their website for months after that and we never saw any sign of repairs taking place on the roof. They eventually took down the listing a couple of months later and I can only assume some poor desperate bastard eventually moved in there as it was.

It's fucking awful that landlords and estate agents can get away with stuff like this.

I live in England Moving

It is not fair what the landlord has done but I do not think you'll get anywhere. Have a look at shelter's advice on retaliatory evictions - if everything was in writing and the council involved a section 21 can be thrown out. But as you've moved and got your deposit back I don't think there is much you can do tbh

Ok, so I'm assuming from the dates you moved in after 1st October 2015.

Did you put your complaints about the damp in writing?

frieda when we moved out I went back a couple of days later to get the Christmas tree! The smell of damp and mould was overpowering. I couldn't believe it. It was because the windows were all closed. I can only imagine how long they were open for before we went to view!

Also, the rent has dropped twice since we moved out. Karma.

two it never occurred to me to involve the council. The 'LL came round to paint some anti mould paint on tip of some mould(!) and was really apologetic telling us it may take a long time to sort out the problem but he'd do everything we can as we were good tenants. Next thing you know, Section 21!

Moving everything is in writing down to the EA telling us there is nothing more the landlord is prepared to do!

All I'm asking for is for him to cover our moving costs. That's £280 for the removals van and £414 for reference checks. We're saving for a deposit to buy and it's not a huge amount but it has unnecessarily set us back a bit.

Sounds like your well out of there. I would have been demanding my deposit back early and leaving

You don't live in a small town in Lancashire do you? This sounds word for word like the problem we had with a nightmare mouldy/damp house. The house was shown to us in Summer, moved in...had DD1 in September. Then came the rains...and the problems! our Health Visitor said it was not safe for the baby, we moved in with my sister, yet had 6 months on lease...fobbed off with checking roof/going to install extractor fan etc! I do not think you are being unreasonable at all, you had a house that was not fit to live in...incurred unexpected costs, upheaval of moving. Can you get advice from CAB? Persue this in 'correct' manner so LL does not dismiss your claim!

Xsara it's in Bristol but your story is very similar. We saw the house in August, moved in in September...and like you said, the rain started. The wall in the back bedroom was dripping. It was right by a socket to so far to dangerous to have DS2 in there who had just learned to climb out of his cot and investigate plug sockets simultaneously!

I'm planning on getting some advice from CAB and possibly Shelter before writing to EA and LL.

What is really upsetting is that not everybody is in a position to move house so suddenly with just 2 months notice luckily as were saving for a house deposit we used some of that for our move. But in total we had to come up with over £2000 for moving, referencing, deposit and carpet cleaning. What happens to people that don't have access to the necessary funds? They have to stay in the house waiting to be evicted and probably end up in temporary housing far from 'home'.

It's disgusting what some of these landlords can do. Tenants need more rights in the UK.

The LL served you the s21 at the correct time so that you would leave at the end of 6 month contract. They are perfectly entitled to do this so icant see why you would get compensation for being legally asked to vacate.

The mould/ damp during tenancy is a different issue that should have been raised during the tenancy and im not sure theres much you can do about it now youve left

Yes you can claim for refund of part of rent already paid, if you have trail of robust clear evidence including letters written to letting agent/replies at the time. I don't know how to do links on here, but type into Google the words: shelter claim compensation landlord repairs

The shelter website is very useful for housing advice. Also tell your local borough council housing department (who will liaise with environmental health and your concerns the landlord isnt fixing it) as they have a responsibility to check if a landlord is renting out unfit properties.

This is the shelter link i was trying to copy on -

england.shelter.org.uk/housing_advice/repairs/housing_disrepair_check_if_you_can_claim_compensation

You have up to 6 years it says (but do it now as it looks less 'worthy' to a judge the longer you wait, as they'd ask why the delay) after problem started including if you've left property and the key is you couldn't use part of your flat. People do claim later after they've left property as they just want out, or have made a fuss and been evicted, but its harder to get evidence once you've left. Hopefully you've kept photos, letters to letting agent, complaints about problem not being fixed & that you couldn't use room. Did it affect any of your health? (Only provable if you told GP/medics about mould/damp and they can evidence health probs).

I doubt you'd get compensated for moving costs as you moved at end of the tenancy period you signed for effectively (although you had intended to stay longer), but getting repaid some rent back etc... would have the same outcome.

Anyway, do have a read and good luck .
Ps. Definitely please let housing at local borough council know so that they can visit & enforce repairs if it's still bad, or some other family will go through the same! Some councils are better at doing this than others.

It wouldn't be a retaliatory eviction unless environemental health are involved.
If he served it at 4 months so you'd be out at 6 you will struggle to get anywhere I think

Even if you get a judgment that's not money. Making people pay what they owe in this country is a dispiriting process - see endless threads about CM, and that's a debt you can go to prison for, which is not true of ordinary judgment debt.

Honestly, I wouldn't do it. You'll be throwing good money after bad.

Thanks for all of your advice. It seems that the only way I could claim any compensation is if I were to contact the council regarding the necessary repairs whilst I was still living there.

I don't want to cost myself anymore money so my intention is now to contact the estate agents asking them to cover our removal costs. If they decline I intend to send a letter before action to see what they say then. My hope is that they will back down and cover the costs. If not, I will leave it there. I have already contacted the council but they are unable to help as I no longer live there.

If anybody can help further, is it worth telling them i will write to the incoming tenants about the problems we had? Is that illegal or would it push them to pay?

Honestly, just let it go. You were asked to leave at the end of a fixed term, that can happen when renting. The place sounds like a shit hole, and so I can't understand why you would even want to stay in somewhere that was so unsafe. Just be glad you got out of there, and stop dwelling over it.

I don't understand why anybody would be responsible for your moving costs?

You were legally asked to leave, given the correct amount of notice, got your deposit back. What the landlord does with his property then is up to him

The issues with the property are a completely separate issue but you've gone now.

Unfortunately moving costs are part and parcel of renting.

Never heard of claiming for moving costs. Id just be glad you out of it. Let this go.

Did the ll serve notice just before 4 months? Did you stay for the 6 months of the contract?

If so, they did nothing illegal on that score. The condition of the house is another story. But you didn't fight it at the time. I'd let it go.

As a tenant, you had rights and you chose not to exercise them assumedly because you didn't want the hassle. You could have got environmental health involved. You could have refused to move until evicted etc. You could have also stopped paying.

I really would let it go. Sadly along the line in life, there will always be people, who one way or another swindle you out of money

As far as I can see the landlord was within his rights to serve a Section 21 Notice. He served the notice so that you would be leaving when your fixed term lease (6 months) ended and you left.

He followed the correct procedure so I don't understand why you think you are owed any moving expenses.

The mould issue is a separate issue which you should have addressed at the time.

In case it wasn't clear I think YADBU

Although the landlord followed the law wrt notice, it would have been a retaliatory eviction. it is no longer allowed to just serve notice on tenants who complain about the state of the house. thank goodness. so a court could have refused his notice to evict (explanation given for those on thread who seem to think it is normal, acceptable and beyond reproach to just serve notice, job done)

for you, op, it looks too late. even if a court had refused your landlords notice, that would have left you in a horrible house even longer. personally id be posting the new tenants a copy of the shelter leaflet about retaliatory evictions so they know their legal rights. its worth asking ea for compensation - dont ask, dont get - but I wouldnt have high expectations

Was going to ask if you were in Suffolk op as this describes my last renting situation to a T! Revolting place to live.

Thank you all. I now know I should have got the council involved sooner. I'm just angry that we were treated so unfairly, even if it was lawful.

On the other hand, the property has been advertised at a significantly decreased rental amount. Karma.

I've also informed the council of our problems while we were there and although they cant do anything now, it is on record if future tenants have a complaint.