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?

Check the section 21 is valid england.shelter.org.uk/housing_advice/eviction/section_21_eviction/how_to_check_a_section_21_notice_is_valid

I agree with others that the landlord can't evict under s21 if the paperwork hasn't been done on time. Just stay put and wait it out and hopefully get your own house ready to move into before you have to leave.

As someone who rents a house out, private agent deals with all maintenance and legalities, I’m a long way from property.
Never met tenant, every need is met, hopefully the agent ( which you prob didn’t use) is responsible, the legal bits.
i certainly wouldn’t want the responsibility without mine being involved

Landlords can be fined for not having an EICR in place when the tenancy starts but that money would go to the local authority not the tenant.
While it might seem unfair, the landlord has a right to issue a S21. As others have mentioned, you should check that it is valid. I don't think the lack of an EICR invalidates it but I'm not a lawyer. A non-protected deposit, however, does.
You can leave as requested or stay and make him get a court order - this could well take some time and would mean you can stay on for now but I imagine is pretty stressful. Lots of people do that though.
As for compensation, you do usually have to show some form of financial loss. It may be possible to get some form of compensation for the disruption. However, these kinds of compensation cases are never straightforward and you never know.

Yes, you don't need a EICR for a section 21. You do need an EPC though.

Get this moved to Legal, you'll just get a load of vindictive nonsense on AIBU.

You probably have a defence against the S21 notice:

You may be able to get compensation but court is the most longwinded and expensive of several options. If you rented through an agent you could use their redress scheme, or you could go to the housing ombudsman:

https://england.shelter.org.uk/housing_advice/repairs/compensation_for_disrepair_and_poor_conditions

Happy to be corrected, but my understanding was that so long as the current cert was provided prior to the section 21 being served (along with the epc & how to rent guide, the notice is valid. I work for an agent and in the small number of S21s we've had challenged in court, we've only ever been asked to show we served the current cert, not to produce the one from 5 years ago when the tenant moved in. Having said that, we NEVER let a tenant move into a property without giving them a valid gas cert first, and keeping evidence it was given. At least not since a famous case a few years back where this was raised, not worth the risk! However, I dread to think with regards to older tenancies before this all blew up!

If you can't get through to Shelter try CAB, or your council might have a private tenants adviser.

From bitter experience, OP, it's just not worth it. It will cost you quite a lot of money, and be hugely stressful. This is why, in spite of all the laws and protections, people still stuff people over and get away with it.

The decision I was referring to on this was from 2023, so a fairly recent finding.

Agree.

Although she could just keep quiet. Say nothing and the case will be thrown out as invalid
Thats what will happen if all the paperwork isn’t in order…which it isn’t.

It will give her more time
I wouldn’t be advising my landlord in legal procedure…

How long do you need to still rent op. A family member following bereavement moved to a flat where the landlord promised it was hers for years to come. Yes, he served a s21 nine months later. Said he wanted to sell.

She took the notice to CAB and it was incorrectly served. They had to resubmit then applied to court for an eviction order. Judge was sympathetic and gave her more time. Finally she was told she must vacate. I think it all took around 9 months.

I am not saying this is right but may give indication of time frames.

I see why you are so angry. You moved to rented to avoid living in a building site but you got just that. Do avoid court. If you feel injustice now, I promise you will feel worse at the end of the process. Speaking as someone who believed they were morally right but in a different process.

Depending on where you in the country, the court eviction process can be really long. For example in Clerkenwell and Shoreditch there a 10 month wait for bailiff appointments. So even if the landlord gets a possession order it's still best part of a year to get them out.

Ah, really? Can you link to it? The case I'm referring to was a good while before 2023, 2019/2020ish I think. For a while we were panicking about some of our older tenancies but were then told (after an appeal I belive) that so long as they had the current one before serving the S21 no problem! As I said, we don't let anyone move in without a current cert anyway, but more as best practice. Also, at least one of the times we were asked for evidence (of serving the current cert, not the original one) was in the last year. Does seem to be some grey areas but thankfully we always err on the side of caution and haven't had a S21 thrown out as yet!

If you never got an EICR then the section 21 case will be thrown out of court as invalid. Keep paying the rent and keep living there, I very much doubt he will beable to legally evict you before your forever home is ready to move in to.

It's Byrne v Harwood-Delegado if you want to look it up. I act for landlords and my firm will no longer run cases where there was no valid certificate on the day the tenant moved in.

I think you've confused it with the EPC. EICRs aren't relevant to Section 21 notices.

He can still
serve a valid s 21 - just needs to get a certificate before he does.

you need to establish what laws hw breached and that you have a right to a remedy for that breach. Just being annoyed and upset about it all is not enough.

Just see your posts - oh interesting. But surely this can’t mean that a tenant can never be evicted?

(Ie with a section 21 - or whatever it will be when the new legislation comes in)

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

It undoubtedly is, but if you take the current landlord to court, there'd a good chance word will get round and finding a landlord willing tontake you on will be harder.

When does your son take his GCSEs? If its this year can't you move into your inherited house when he's finished?

It means they can't be evicted using Section 21. Landlords may want to have a look at Section 8 and what other grounds they could try. Many of my landlords decide to move in and use Ground 1.

It'll be a moot point soon anyway as there will be no Section 21.

GCSEs are next summer. Work on house has not really started yet aside from gutting it, as getting designs, waiting for planning permission, and getting contractors in place. Main work will be done over this summer with decorating/kitchens/bathrooms put in early next year. We aim to move in next July as DH can also retire then and I can work from anywhere as fully remote.

The landlord has been an absolute c**t and we are not interested in fighting to stay, although we absolutely didn’t want to have to move after 6 months as moving next year anyway!

Environmental health were called as there was a silverfish infestation including getting on our clothes in the wardrobes and on our beds. DS came down one morning with one on his school shirt which was hanging washed and ironed in his wardrobe, cue mass panic and having to rip it off while I was desperately trying to catch the speedy slithering thing. That was the last straw!

Landlord had insisted silverfish would be gone when damp issues were fixed then refused to fix them as couldn’t afford it. Pest controller was very clear that silverfish infestation was due to existing damp issues.

There is clear evidence that the leaking bathrooms, one of which needed to be ripped out, were known about BEFORE we moved into the property. The other bathroom also needed to be ripped out but landlord refused.

Had to have the whole dining room ceiling replaced.Could not use the en-suite for 3 months then landlord’s contractor took 8 weeks to do a 2-3 week job as kept not turning up or turning up at 2-3pm for an hour.

Remember we work and someone had to be here to let them in!

Had a massive torrent of water coming through the ceiling from the bath the first time we used it abut 10 days after we moved in. Then water coming through the light fitting from the en-suite. Bath was patched up, then had another massive torrent of water coming through the ceiling as it wasn’t fixed! Could not use either bathroom to wash in for 6 days while waiting for contractors. Then landlord’s (bodgejob) contractor damaged the boiler so we were left without heating for a week in early February when temps were below zero at night.

Throughout all this landlord (who is very rich) has lied and not given a shit. Ignored agent’s recommendation to replace both bathrooms months before we took the property as they were continuously called out for leaks.

We did not know this obviously although we were informed the day before we moved in that a leak had been resolved and the ceiling patched up. The same area we then had a waterfall coming through a few days later.

He had the cheek to say he the rent (which is high) doesn’t cover his mortgage and he was in a rented house too and had no money but then slipped up by mentioning that the contractor who refitted the en-suite was doing his bathrooms afterwards. When we checked his address with land registry, it turns out he owns a £1.5 million house mortgage free.

Now after all this, while we’ve had to endure the mess and disruption of constant builders and plumbers in and out from within a few days of moving in, a pest infestation etc he is kicking us out!

Nope, I can’t see how we can lose tbh from checking the relevant legislation. Claiming for emotional distress and stress as well.

Believe me I wanted to burn the house down with the silverfish. We STILL have to check beds every night but we thought it was better to get rid of them while we’re here rather than transport them with us to our new house. DCs have friends in the same and neighbouring streets as well.

Pest controller has treated house 3 times including doing the whole spray of the house and we had to leave for 6 hours which I’m really angry about as I didn’t want family to be exposed to pesticide, but they’re still here.

We were very understanding and accommodating at first but when it was clear the landlord really didn’t GAF, that’s when we started to complain.

House is an executive style detached house in a very affluent area as well.

Landlords are a doctor and a top University professor.

I’m not sure that’s relevant