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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:
Original poster
NisekoWhistler · 02/01/2019 16:03

Not wanting a lot, just enough to cause a fuss and make them realise that they (agents) aren't as competent as they believe. Our fees back of circa £500 should suffice.

OP posts:
Whatififall · 02/01/2019 16:04

If the section 21 was served 3 weeks early then it was not valid and you did not have to move out.

I’m unclear whether you moved out anyway at that time. If you did you weren’t evicted.

Dragongirl10 · 02/01/2019 16:04

Op l am a LL, please persue this this, go on Shelters website for advice.

Decent LL get so much flak due to unprofessional idiots like your ex LL...

( l have just forked out £4,000 for a new boiler, within 24 hours of the original breaking down, for my tenants, on a weekend.

Shelter will advise you what to do next.

Nightfall1 · 02/01/2019 16:04

A s21 is a notice telling you that the LL intends to seek possession. It is not an Eviction notice.
The eviction notice(N54) is only granted once the LL has gone to court to get a possession order.
The LL can only apply to court for this once the s21 has expired and at this point you would be notified of the hearing date and would have been sent a defense form. If you had put on the defense form that the s21 was served whilst still in the 6 month protection phase then the PO would not have been granted, therefore the LL could not then apply for the bailiffs warrant- so no you haven't actually been evicted.

lastqueenofscotland · 02/01/2019 16:05

You could try the redress scheme (usually ombudsmen) but they are usually surprisingly difficult to get to give you much.

dementedpixie · 02/01/2019 16:08

You were given notice to quit (too early) but were not actually evicted. Eviction is when you are made to leave at the end of the notice period

Maelstrop · 02/01/2019 16:08

You were not evicted if you just left having received a Section 21. You ought to have ignored that, as you seem to be aware that it was incorrectly issued. You should have stayed and easily could have done until court proceedings were issued.

Original poster
NisekoWhistler · 02/01/2019 16:13

OK agreed, we were not evicted, we were given notice too early, however we did heed this notice and got our house finished in time.

I will pursue the lettings agents/property ombudsman and see what happens.

OP posts:
Nightfall1 · 02/01/2019 16:19

Heeding the notice won't get you anywhere - sorry to say. You didn't have to leave until a bailiffs warrant was granted and that's what the law looks at. The whole process can take months.

However I would like to point out that if you did leave -I hope you got agreement from the agents/LL as otherwise the tenancy hasn't ended and they can pursue you for outstanding rent until the tenancy is ended legally by you - that is by you giving the correct notice.(hopefully the agent/ll are unaware of this and they might think that a s21 notice ends the tenancy too! )

mothertruck3r · 02/01/2019 16:35

PMd you.

Mosaic123 · 02/01/2019 16:36

Place an honest review on the Letting Agent's website?

Let them not do it to others.

swingofthings · 02/01/2019 16:37

People like you really annoy me. You are not wanting to pursue this because you were hard done by as a, result of the notice, you are doing it to seek revenge and make a financial gain. If you'd been indeed evicted, I would have full sympathy but as it is, it suited you fine to move oit (or you wouldn't have).

Stop thinking that the world owes you. You punished your landlord rightly by getting the council involved and stayed for the duration you needed which you couldn't have done before. Your LL got his punishment. Time to let it go and move on with your life.

LakieLady · 02/01/2019 16:43

I agree with others that taking action on this is likely to prove fruitless. You haven't really suffered any loss, and a S21 notice that was issued illegally would not have resulted in a possession order had you defended it.

But I can also see that it would be satisfying to see the LL, who is plainly in the wrong, hauled before the courts. There are far too many landlords who either don't know the law or blithely ignore it.

Fairenuff · 02/01/2019 16:44

If you claim you were evicted and it turns out you weren't then surely you will lose your claim and have to pay expenses?

Maelstrop · 02/01/2019 16:45

Heeding the notice won't get you anywhere - sorry to say. You didn't have to leave until a bailiffs warrant was granted and that's what the law looks at. The whole process can take months.

Exactly. You have acted in haste. You knew the law was on your side yet you chose to leave despite not being given the correct notice.

(hopefully the agent/ll are unaware of this and they might think that a s21 notice ends the tenancy too!)

Highly unlikely unless both ll and agent are completely stupid. Were you delighted thinking you wouldn't have to pay rent and mortgage overlapping?

Sorry, OP, yabvu.

BlueLuna · 02/01/2019 16:48

Was your deposit protected in a scheme?

Wordthe · 02/01/2019 16:51

Far too many unethical landlords get away with this type of thing
I agree

BishopBrennansArse · 02/01/2019 16:55

What @Inigoan said, please do this OP

TwitToWoo · 02/01/2019 17:05

You weren’t illegally evicted. You were given a faulty notice that informed you that possession proceedings were imminent and you moved out. The notice didn’t ask you to, you elected to.

If you’d stayed and gone to court, the LL would have left with his tail between his legs having failed to gain a possession order. All he would have done is reissue the notice.

Swingofthings Your post is outrageous. If you want to get annoyed at anyone, pick the landlord who has opted to evict someone FROM THEIR HOME for having the almighty cheek to want a working boiler over the winter. There’s not much the OP can do now unfortunately. But by rights this crap LL ought to be taken to task. So, wind your neck in.

Sparrowlegs248 · 02/01/2019 17:08

You weren't evicted though, so it's not illegal.

Sparrowlegs248 · 02/01/2019 17:10

You really won't get anywhere with this, it's a complete waste of your time a d possibly money.

Jack65 · 02/01/2019 17:11

You have left the property of your own volition. There is no illegal eviction. In legal terms what you have done is surrendered the tenancy by mutual agreement.

BishopBrennansArse · 02/01/2019 17:12

Oh and OP ignore those excusing shoddy practice from LLs

Original poster
NisekoWhistler · 02/01/2019 17:13

Get real Swing

I am sorry if i annoy you, I am sorry it annoyed you that we had no boiler during the "beast from the east" and we had to sleep in a room that was just 7c, that included a child of 11 MONTHS of age.

We were put out as we had to pay our builders much more money to finish our house sooner and now we have to put up with them coming in and out whilst they finish their work. It was an inconvenience to us in several ways, but most of all to move the week before Christmas.

I do not believe the world owes me, having been a landlord myself I understand the rights of tenants and landlords and when people are being unreasonable. The catalogue of problems we experienced was beyond a joke and I believe I am correct to stand up for what is right.

I am pursing a number of weeks rent and all our admin fees.

OP posts:
Fairenuff · 02/01/2019 17:17

Why did you move the week before Christmas if you didn't have to?

OP be careful if you go to court. I'm concerned that you will end up having to pay all the costs. Get legal advice first.