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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:
dementedpixie · 02/01/2019 17:19

Why didn't you just stay where you were? If the notice was faulty it would just get reissued and you'd have had more time to get sorted. Once the section 21 is issued and expired and you haven't moved, the LL then has to go to court to get you evicted. You had plenty of time left in the property and didn't have to move so quickly

Jack65 · 02/01/2019 17:21

You stating you were a landlord is worrying. If that is the case you know what the law is, and you know a s21 notice is a notice the ll intends to seek possession of the property. You chose to leave the property before the ll commenced that possession action. There is no such thing as an illegal s21 notice. The correct term as you should know is an invalid s 21 notice. You were advised by a charity giving homeless advice that the s21 was invalid and yet you still chose to leave the property. You have no loss. Save yourself the time and hassle. You have nothing on which to pursue a case for anything.

SassitudeandSparkle · 02/01/2019 17:26

But why did you leave if you didn't want to - you could have just said that the notice was wrong?

Inigoan · 02/01/2019 17:33

“The landlord got his punishment” Grin

What, you mean he/she had to supply a working boiler for a property they were renting out to a family? Boohoo, cry me a river

DeepanKrispanEven · 02/01/2019 17:34

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'm afraid all of that is really purely your choice. Surely you knew that if they had served a legally non-valid notice you had no need to move?

delboysskinandblister · 02/01/2019 17:40

OP - appoint a solicitor. If you have home insurance and have ticked the legal cover box you can save a fortune by using the household cover insurance legal helpline. They are all lawyers. If not contact CAB and they will book and appointment. Does it not ultimately depend with whom you have a written agreement. Is your contract with the Letting Agent or the Landord?

Don't let this slip by. Get in now.

HauntedPencil · 02/01/2019 17:47

I'm not sure what if any redress you'd be entitled to, as if it was served early and you were staying you could have fought it but it sounds like you were ready to move out anyway.

They sound like a really shit outfit both the landlord and agents, but I'm not sure if you are entitled to financial compensation as it's not clear it particularly disadvantaged you.

Sparrowlegs248 · 02/01/2019 17:50

You were served an invalid notice, which you knew was invalid. And you left of your own accord. That's what I'd be telling anyone who approached mev for advice on this matter. Which they do, as it's my job.

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