Can I take this NIGHTMARE landlord to court?

[DisgracefulBehaviour]

We sold our house last year to release funds as we inherited a house in a different area that we wanted to live in ourselves due to position, large plot etc, as our forever home but the house itself needed fully gutting and we also wanted to add on a self contained annex for our disabled adult son which we needed planning permission for. Our youngest son was also due to start GCSEs so we decided to rent while we completed work on inherited house and he finished school when we will then move up there.

We found a rented property literally a few streets from our old house and stressed that we needed to rent for two years, landlord wanted long term renters so no problem.

Within a short time after moving in it became apparent there was a major issue in the house, house was tenanted previously but letting agents apparently were not aware. After months of toing and froing, landlord had to get builders in and complete costly work which took 8 weeks. We’d been in the property 3 months.

Landlord not happy as said he could not afford to do the work.

We’d requested compensation for the inconvenience as having builders in was a major disruption and we had issues with them leaving mess in the house. I was very upset that we had to leave people we did not know in the property while we were all out.

Landlord said compensation was not justified! Decided not to pursue it as we didn’t want to antagonise the landlord and get kicked out.

A month ago, I contacted environmental health due to a further issue the landlord has refused to deal with. The officer also noticed a major issue that needed immediate rectification so landlord had to do more work.

We have now been served with a Section 21 - no reason given - after 6 months.

I am absolutely furious I have to say. Rent paid on time, house immaculate etc.

We put up with all the work being done as we expected when it was done, we’d be left to it and obviously didn’t want to move again in such a short time considering our timescale. We’d never taken the property if we had known this would happen. It’s a high rent for our area too!

We also never had a copy of the EICR, a serious safety hazard pertaining to that was what was picked up by environmental health, so we are assuming a report was never done.

I have an online court claim prepared to sue the landlord for all 6 months rent in compensation, for stress and breach of quiet enjoyment. I think I have a chance of success.

AIBU?

Speak to Shelter or get proper Legal advice

You won't get anywhere with the landlord in court. You would need to prove financial loss.

They want you out and they will rent to people who won't actually hold them to account. I would make sure that relevant Council departments are informed and letting agent made aware. Any new tenants that come to view the property, make them aware of issues.

The building work took 8 weeks not the full six months that you will have rented the property, therefore I do not think a claim for all rent paid will succeed, especially if you are claiming for stress.

Why did you not follow up via the agent re the EICR? In my opinion, that also weakens your case.

Thanks. I have tried Shelter recently and going back months ago when landlord was dragging his heels about doing the major work, but can never get to speak to anyone!

I have checked the legal side myself and am pretty confident we have a case.

I can’t see why you’d get 6 months back. And with problems keep coming up and you guys complaining about the disruption and wanting compensation I’m not surprised he’s served notice on you, he can’t really afford to keep you. Fingers crossed you can find another rental to keep you going. Is your deposit properly protected?

I’ve only just realised about the EICR. Looked for documents when we got the Section 21. I thought it was tacked onto end of tenancy agreement which was electronically generated. Makes sense now as house did not meet legal requirements and that would have been picked up in it.

You need to prove a loss. You can’t prove a loss for the 6 months rent you are asking for. At best you can prove 2 months. I think you undermine your case by exaggerating the value.

You are in shaky ground because the landlord is doing work you asked for. So I don’t think it is a given by any stretch of the imagination

You have zero chance of getting 6 months rent back, you'd only get that if deemed uninhabitable for the entire 6 months.

Make a more reasonable demand and send a letter before claim, see what comes back.

What on earth! We’ve done absolutely nothing wrong and fully abided by our side of the tenancy agreement.

Landlord let out an unsafe house which was not fit for habitation!

Are you a landlord perchance?

If the house was unsafe, why on earth did you rent it?

Have clear evidence house was let out unfit for habitation under government legislation. Also contravention of EICR regulations.

Whole tenancy agreement invalid IMO.

We had to wait for work to be done which caused massive issues as could not use two rooms. It was not just for the work being completed.

Nope i rent. And as that’s probably permanent for me I’d be too scared to demand compensation etc because I no id get evicted. I didn’t say I agree with him, I said it’s not surprising he’s done this, especially as the house needs work and he’s struggling to afford it.

Is it a legal section 21?

you need a gas certificate. A right to rent leaflet.

few other things.

he can however ask you to leave for no reason….

Presumably she didn’t no before she rented it…

Err we did not know.

We are not qualified electricians and did not know landlord electrical regulations as we’re not landlords.

a case for what?

he can get rid for any reason so legally you’ve got no recourse. He fixed what was wrong….it took a little time but nowhere near the actual tkme

im sorry but a case based off of what’s

Is two months rent worth all the stress you are going to put yourself through?

Try and draw a line under it and find another rental before you can move into your house.

Don't underestimate what stress can do to you mentally and physically. You probably already know with what you’ve been through.

But please consider if it’s worth prolonging the stress. The court system is not known to be quick!

Why did you rent it if unsafe

why did you STAY in it once you realise it was unsafe???

why did you stay without an EORC?

Has it been uninhabitable for 6 months? You won't be awarded that much if not. There is no benefit in exaggerating your claim.

We know. We’re not challenging the Section 21 although it is outrageous after all the stress we’ve been through.

It’s about taking landlord to court.

No gas certificate from move in but gas check was done in December shortly after we moved in.

It doesn’t invalidate the tenancy agreement.

Ahh. So it’s a legal section 21

what would the case be for then?

If this is the case the landlord cannot serve a valid section 21. If there is no valid gas certificate on the day you moved in he is screwed.

With a bit of luck he won’t have protected your deposit. Fingers crossed.

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

Did you rent via an agent, they should have told you all this 🤷🏻‍♀️, your displeasure should be with them.

If you didn't, maybe you should have done as you seem pretty clueless to go it alone.