To think my landlord is a spiteful dickhead

[3kiddosandme]

At this point im thinking my landlord is just a spiteful dickhead, I'll go into as much detail as possible here.
Earlier this year I was sent a section 21 notice out of nowhere, I questioned this and the landlord said because of significant damages to the property I have to leave. Now I have evidence that these significant damages are not my fault, I had the environmental health in because I was fed up of living in a shit hole basically, the whole house needs ripping out and fixing including floorboards and external doors according to the local council who did the inspection, the landlord also has to take up an asbestos survey due to damaged ceiling in the hallway.
I have 3 kids I the house, one is additional needs. I was offered a house by a housing association and I accepted, im yet to get the keys but the house was on major repair, I said this to the current landlord who said they were happy to let me wait it out, no repairs have done either by the current landlord as per the council report. They took me to court to evict me even though theyd said I could stay until my house was ready, ive never been behind on rent always paid in full and on time, a week ago the landlord turned up completely unannounced banging on the door I opened the door and I was told I should've moved out by now as the court stated the 25th july, I told them to get a warrant for eviction and come back with bailiffs, as of yet I haven't heard anything from the bailiffs. I emailed expressing that they didnt give any notice and they turned up with keys to let themselves in and since I haven't returned keys or made them aware that ive moved it was completely unacceptable. They stated that they sent a letter, they never did as ive still not recieved this magic letter they apparently sent. Anyway every single day they are emailing me asking for keys to be returned and I keep telling them I will return the keys once I have moved. At this point I just think they are being absolute dickheads. I hopefully should get the keys to the new property today.
Wibu to move and then throw they keys into their office in an envelope and leave without saying a word.

@pokewoman sounds exactly like my area. The number of people living in vans has increased probably 50-fold in the last 10 years or so.

If it wasn't for my children, id absolutely be doing the van thing! I contacted an agency about a property this morning...they had to give me a second email address to email for the application form to view it (yep, form with all our income details on etc just to view it!) Because their primary email inbox had been filled by people enquiring about it. Its insane.

Under the ‘revenge eviction’ rules I believe you cannot serve a valid Section 21 notice if there is an improvement notice from the council in force.

But very little power.

No the landlord does not have recourse to a S21 if environmental health have issued a notice. I'm surprised the court did not flag this as a retaliatory eviction. It should have invalidated the S21.

Wherever possible repairs should be carried out without the tenant having to leave. It's very often possible to seal off a small area and safely remove asbestos while still allowing access to the rest of the property. In any case it wouldn't take longer than a couple of days.

If there is subsidence then some trees may need to be removed or other causes dealt with, followed by a very long period of crack monitoring before anything like underpinning is considered. Usually it's not necessary but if it was then she would need to vacate for a couple of weeks.

It's not reasonable or legal to evict in these circumstances.

Technically you are correct that the LL does not have to provide alternative accommodation although LL insurance will often cover the cost for a hotel or B&B in these circumstances. However, where the LL has failed to meet his obligations for repairs, as in OP's case, the tenant can pursue a claim for damages to recover the cost of alternative accommodation.

S21 is passed if all procedures have been adhered to. Therefore, given the protections already in place for tenants, all procedures must have been agreed as correct

A landlord would be stupid to remove asbestos with tenants in place. No insurance company for landlords would agree to this. No tenants either should want to be in such a dangerous environment. Asbestosis down the line 20/30 years and they’ll be taking the landlord to court.

Subsidence is another potential issue that is dangerous enough to warrant work done without tenants in place. A landlord would be putting tenants in possible danger every day if he is aware of it. With asbestos present anyway it’s irrelevant

S21 is a no fault eviction. Landlords can take their property back without reason. Judges do often ask why though even though the reason is irrelevant. maintenance and repair is a normal reason. ( with most it’s to sell )

If OP wants to claim for damages she can do this. Not, however, now the end of the s21 period has passed.

Yet it’s been approved and passed already.

Clearly the judge, in this case, doesn’t agree

They have legal rights and a procedure to follow
The LLs next step is yo go back to the courts ( not in person ) for an eviction order and right to use bailiffs.

OP should be prepared for a two week notice

Some areas have long wait times for this to happen.

You cannot be evicted with a section 21 notice if it is not valid.
The notice is not valid if you complain to the council about repairs needed, and they give your landlord an:

• improvement notice
• emergency works notice

This applies to any section 21 notice given after you first complain to your landlord until 6 months after the council's notice.

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

The onus is on the tenant to show that the S21 is not valid so a lot of invalid ones go through because tenants are not fully aware of their rights.

If the tenant needed to vacate for repairs it would be for a couple of days to remove the asbestos and then possibly a couple of weeks in about a year or so for underpinning. But it's not even confirmed subsidence at this point and even if it was, underpinning is very rarely necessary. Usually a tree or two is removed or a collapsed drain fixed or whatever the cause is, then they monitor the cracks for up to a year until they confirm there is no longer any movement, at which point cosmetic repairs can be done. Nobody needs to move out while that is going on.

You’re missing the fact OP has already passed the deadline for the s21
The s21 was given in the court and the deadline set. That’s why the landlord keeps going round

Clearly the landlord therefore did everything they needed to for this stage

I am well aware that a possession order has already been granted.

Clearly the landlord got away with it.

It's worth noting that a possession order can be challenged and set aside if the S21 was invalid but the tenant must apply within 2 weeks of getting a copy of the order. Legal aid is available for eviction cases.

This is not particularly useful for OP who will be (fingers crossed) out of that shithole for good next week anyway, but it may be useful for other tenants to know that it's not too late to challenge an eviction even at this stage.

OP has six years to claim for any damages related to the disrepair, starting from the time the LL should have carried out the repairs, or three years for any personal injury claim. It doesn't matter whether the tenancy has ended or not. She hasn't had to move out for repairs (because the LL didn't do any) but she may have damaged belongings and it sounds like she has been made to fork out a lot of money for cosmetic treatments to cover up the disrepair which should not have been her responsibility. Also her or her children's health may have been harmed.

If the LL uses an agent to manage the property she could alternatively apply for compensation through the letting agent's redress scheme. This has the advantage of not costing anything and is likely to be quicker and less stressful than court action. She would need to follow the agent's complaints procedure, give them eight weeks to put things right, and then if not satisfied, escalate to the redress scheme within 12 months.

The landlord has no right to keep going round. It's harassment and it's a criminal offence. If she reports to the council they can intervene and if he carries on they may decide to prosecute, especially as he has also failed to comply with an environmental health notice.

She'll be in the new place before any of that happens.

I would imagine so. If the s21 date has only just passed getting permission for bailiffs can take a while.
It varies by area and backlog. It would be worthwhile getting an idea on the average timeframe in your area for that OP.

the fees are met by the tenant

Yes, some people are desperate for attention, any kind will do.

The council also may be wrong. Councils do tend to say that to tenants sadly.
I know of three cases of tenants overstaying, then being taken to court by the landlord and having to pay £3500+ out of their own pocket after losing the case in court- and the council is not gonna help with that.

Yes.

Just an update:
I have an appointment today to get the keys for the new house 🥳🥳🥳, later on today I will be moved and keys for this hell hole will be given back

Great news! Remember to date the envelope with the keys in and take a photo of it being posted through the letterbox. Hope you’re safe and happy in your new home.

I would go one further and take photos of each and every room, as you do not want a claim later for any ' damage ' or cleaning or anything else the landlord thinks of...

I've been taking photos as i pack and clear rooms and ive sending them to my mum so she can keep.them for me

I bet you’re so excited and relieved to finally be moving. You’ll be able to make the new place your home.

Congrats @3kiddosandme ! Thanks for taking the time to update us and enjoy your new home x

I am ive started moving things over already, will continue with it tomorrow and hopefully it should be done

Ah bless you, you and your kids deserve a safe place to call home. ❤️