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?

Environmental health picked up the electrical issue and it work was done within a week.

Do you understand how difficult it is find rented properties and pack up and move especially you’ve just done it!

So he had NO EIRC? None….

its only just had one done?

you’ve got proof he didn’t ever have one?

Yes I do

i used to be a lettings agent.

But regardless of taking the landlord to court. You’ll still have to find somewhere else….

unless you stay put and fight the case.

but you’re not saying you want that. You want compensation right?

I also moved 3 times in 6 months due to the landlord selling up. So yes I do indeed know how hard it is

but he’s asked you to leave? You’re costing him a fortune.

Of course we’re moving out. No way are we letting this utter nightmare go though now he’s kicking us out too! Why should we?

We entered into a legal business agreement which is what a tenancy agreement is. Landlord did not keep to it.

Ah you’re used to be a letting agent. Does you mean YOU understand how difficult it is to find a property and pack up and move, or just your tenants?

Have a read of this
https://www.pallantchambers.co.uk/blog_post/august-2023-byrne-v-harwood-delegado-no-gas-safety-certificate-in-place-at-the-start-of-a-tenancy-no-no-fault-eviction-section-21-of-the-housing-act-1988/

If what you are saying is true about the gas certificate, he can't evict you.

I would suggest you write to him, inform him the notice is invalid. Make an offer. You'll leave if he pays you 2 months rent in compensation for loss of quiet enjoyment.

We’re costing him a fortune?

Please explain?

Bloody hell, it’s not a race to the bottom.

I don’t know whether you have a good legal case but I can absolutely see why you’d pursue one.

You’ve moved 3 times in 6 months due to the landlord selling up?

I would have thought as a letting agent you would have known the minimum term for a tenancy is 6 months?

And a left field idea, but we found ourselves homeless admittedly for a shorter period but … airbnbs were the answer for us. Smaller generally, and with the complication of no fixed address plus having to put most belongings into storage. However, all were exerotionally well maintained and with responsive hosts who care about our happiness because reviews.

Many allow pets if that’s an issue. They can be slightly dearer than rentals but sometimes not by much (unless you live in holiday resort central) and many will give substantial longer stay discounts. Look in particular for non standard accommodation like annexes, massive Winnebago type things, boats, etc. We lived in an Airbnb railway carriage for a while in a similar situation. It was ace: the cost of the rental plus storage unit for our gear was very slightly dearer than an AST in a shithouse flat with dodgy landlords but we had none of the hassle of dodgy landlords which was a joy.

Definitely get proper legal advice. And sorry you had to deal with a shit landlord. Appears most of them are and seem perplexed at having to spend money to keep their property in decent condition and fit for human habitation.

Agents can be just as bad as landlords. They don’t care they just want you to sign the agreement.

It's unlikely that you would get the full six months' rent back, but it's tough to say without all the info.

You say that there was a period of time that a number of rooms were not accessible - You may have a partial claim for that time, loss of quiet enjoyment, etc. Especially if you can prove that the reason for the works was previous negligence.

However, going to court for this will be expensive, time consuming and incredibly stressful. Do you really want those problems?

I'm sure you're feeling wronged, but you need to weigh up whether the possibility of 'winning' this fight is going to be worth it in the long run.

Honestly, you are very unlikely to get much, if any, financial compensation out of this - but it will certainly cost you time, money, and stress.

Let it go and move on with your life.

It's quite common for previous homeowners to think their landlord is a "nightmare". Sadly this is the state of the rental market right now. Many of us, myself included, have had landlords far worse than this. It's shit.

That being said, if you think you have a case and can win then go for it. Unfortunately most tenants are too time poor and financially insecure to take the risk.

His unfit house is causing him a fortune, the OP has not asked for a solid gold toilet, just a safe home!

I had a horrendous experience with a landlord in my mid 20s. They were acting illegally. Had a bloke from their church overseas turning up at the house every day for weeks and weeks doing work that was supposed to take days. Landlady turned up one night, entered a spare room (house was a large, shared 5 bedroom with only three of us living there) and came out in her PJs announcing that she was staying the night!

Was told very firmly to fuck off, wouldn't leave until we threatened to call the police and report the guy doing the work. She left, telling us we had 30 days to get out.

I went to the council, told them the whole story (lots more to it that you just wouldn't believe) and they contacted her. Turned out it was her daughter who lived in the UK who was dealing with everything, landlady actually lived in Nigeria. Council told her we were entitled to 8 weeks notice, got us our full deposit back, and that we wouldn't be paying rent for the last eight weeks as recompense for what we'd been through.

Didn't cost us a penny, but they were obviously terrified at the prospect of the council/authorities getting involved.

Even then, knowing we were leaving, not having to go court etc, it was a super stressful time.

Are you sure you didn't get an EICR? It's often on the leaflet agents hand out when you sign the tenancy...

Not always. It doesn’t have to legally be 6 months. It can be whatever the landlord wishes it to be.

This sounds standard for most rentals. You're lucky they actually did the initial building work.
Just be grateful this is just a temporary choice rather than your actual permanent living situation.

What is the case for court about?

OP, can you please elaborate what the initial problem was that required major building work?

In my opinion, any claim you make will depend on whether the landlord can show they didn’t know about the defect, let the property in good faith and then did the necessary repairs as soon as possible. Even if they can show all of that, you may be able to claim an amount for lack of quiet enjoyment, but the amount would be proportionate to the above.

What was the follow up issue that required the council to be involved? Was it an electrical issue, or did they notice the electrical issue when they were there for something else?

As others have posted, if the deposit was not protected and no gas safety certificate was issued at the time of you moving in, the section 21 will not be valid so you can challenge it on those grounds. I’m not sure if a lack of EICR is also grounds to challenge a section 21.

But it sounds like you don’t want to stay, and want a refund of some rent? Your best bet is to challenge the section 21, then negotiate with the landlord a partial refund for the initial building work, perhaps by starting a small claim (say 50% of the rent for the time the work was happening, but accept less rather than go to court as I don’t think you have a slam dunk case…)

How can he break a two year contract he has signed.

You haven’t lost any money or suffered any injury. It doesn’t sound like there was anything wrong with the house in your op. The lack of an EICR is not something you can sue over unless it somehow cost you. It didn’t

Not sure why you’re being so unreasonable but you have no chance of any court award here