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AIBU?

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Original poster

We have been illegally evicted despite 6 month protection against retaliatory eviction

58 replies

NisekoWhistler · 02/01/2019 15:19

We have had months and months of problems with our landlords and letting agents. It got to the point where we had no boiler and had to complain to the local council's housing department. The council threw the book at our landlord and as a result as soon as she thought the 6 month tenants protection against a retaliatory eviction had expired she sent a section 21. I've spoken to the housing department and they have advised that the land lords eviction notice came 3 weeks to soon.

I'm happy to move having completed the renovations on the place we bought however we were rushed out of our tenancy.
Who do I pursue for this illegal eviction? He land lord or the letting agents?

Whilst many would say just walk away with your head held high, I'm a woman of principles and would like to pursue for some level of compensation for all the hassle we've put up with.

Who do I pursue and what line do I go along?

OP posts:
Shannaratiger · 02/01/2019 15:23

I'd just walk away and focus all your energy on your lovely new home.

Original poster
NisekoWhistler · 02/01/2019 15:27

I agree to some degree. But i am all settled in to the new place and happy to fight, the letting agent and landlord can't continue to be so useless!

OP posts:
Nightfall1 · 02/01/2019 15:27

Have you had a court hearing for the possession order to be granted yet or has the LL just served a s21?

UhUhUhDennis · 02/01/2019 15:29

Move on life is so too short

BitterAndOnlySlightlyTwisted · 02/01/2019 15:30

In all cases the ultimate responsibility lies with the landlord.

Have you taken any legal advice yet, like from CAB if you don't want to incur the costs of a solicitor? The Council's housing people aren't necessarily experts on S21, S8 or much else sometimes.

Still, in order to have a convincing case you would need to persuade a court of your actual out-of-pocket costs, not just a claim of a sum for the aggravation and inconvenience caused to you.

In your position, if you're in your new home, I'd be tempted to draw a line under it and move on

Amaried · 02/01/2019 15:31

Honestly any settlement in this case would be not worth pursuing.. save your time and energy

Windgate · 02/01/2019 15:31

Were you actually evicted or just served with S21 notice (too early) and simply moved in to your new home?

Original poster
NisekoWhistler · 02/01/2019 15:33

Just a Section 21

OP posts:
Nightfall1 · 02/01/2019 15:38

Have you moved out?
A court would not have granted the possession order at the possession hearing which can only happen if the LL applies to court once the s21 has expired.
If the s21 has not expired and you have decided to move out- then this might not be seen as retaliatory.

milkandpancakes · 02/01/2019 15:41

I don't know about the legalities in terms of what you could pursue but totally disagree you should just move on. Far too many unethical landlords get away with this type of thing.

BarbarianMum · 02/01/2019 15:41

So you werent actually evicted then?

MoreNougatThanCougar · 02/01/2019 15:43

You weren't evicted Confused

Stripyhoglets1 · 02/01/2019 15:44

If you've moved out voluntarily then you've no recourse now. But if you are still in there and they change the locks you'd have a case. If they've served an invalid notice they can't act on it and wouldn't get possession in court. So you could stay put.

Inigoan · 02/01/2019 15:45

DO NOT JUST MOVE ON

Seriously, fuck shitty landlords, they only do this because of our 'oh just leave it life is too short' bullshit.

lastqueenofscotland · 02/01/2019 15:45

You haven’t been evicted you’ve been serviced notice incorrectly. Therefore the notice is invalid

Original poster
NisekoWhistler · 02/01/2019 15:45

We were not evicted? If served a Section 21 mid term and 3 weeks before a 6 months protection against an retaliatory eviction expired, is that not eviction?

I agree with milkandpancakes and want to protect other people going forwards

OP posts:
lastqueenofscotland · 02/01/2019 15:46

Being served notice and being evicted Amis totally different.

Windgate · 02/01/2019 15:49

I agree it's crap but you weren't actually evicted, no court order was issued. Selter, CAB etc have all said the legislation isn't working. I hope you are happy in your new home Flowers

Jaxtellerswife · 02/01/2019 15:51

We used the tenancy relations officer. Had no financial return but after a year the LL was coming home from a holiday and when he got off of the plane he was arrested and given 400 hours community service.
His words to me a year before were 'haha take me to court then bitch'
Good things come to those that wait lol

Juells · 02/01/2019 15:54

You moved out.

Mummyoflittledragon · 02/01/2019 15:54

This is not and eviction. They served a S21 and you moved out in accordance with it. You chose not to fight it then as your new home was ready. Why fight it now? It will achieve nothing as it is after the fact.

RomanyRoots · 02/01/2019 15:54

Isn't being evicted is being forced out by bailiffs?
If you leave of your own accord you haven't been evicted.
The LL served the notice too soon, that's all.

ginghamstarfish · 02/01/2019 15:58

I agree that if you have already moved out and have the time and energy you should pursue them, don't let them get away with it (and do it to someone else).

Bombardier25966 · 02/01/2019 16:00

What hassle did the (non) eviction cause? It sounds like the timing of your move worked well for you. How much compo are you wanting?

RomanyRoots · 02/01/2019 16:02

I'm not sure what you would pursue them for?
Loss of income? Stress, resulting in medication?
I don't understand the problem tbh, you weren't evicted and left when you were ready. Confused