Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Landlord breaking laws can I sue?

55 replies

Mintypylonsfryingsurplus · 24/07/2021 17:06

www.mumsnet.com/Talk/am_i_being_unreasonable/4300731-To-fall-out-with-friend-landlord-who-has-outstayed-their-welcome?pg=5

Above is link to my previous thread regarding my landlord /ex friend.
He has now gone after the police getting involved and sending an email giving notice.
However, he has not;
Issued the section 21 on a 6a form
Issued the correct notice period
Give me a gas safety certificate
A valid electric certificate
An EPC certificate
A how to rent guide
Has invalid insurance due to above
Has copied his friend into an email sent to me regarding the link for my deposit held in scheme, along with no. Of deposit, amount, not to mention I did not give him permission to share email address with his mate. Seriously breaching data protection act.

In addition to all the questionable stuff on previous thread.
Can I take him to court?
I am sick of his crap now.

OP posts:
CayrolBaaaskin · 24/07/2021 17:50

What do you want to take him to court for? What is the loss you are trying to claim?

Note that you don’t generally need to give him permission to copy his friend into an email. Even if you did, you don’t sue for that - just report it to the ico. In any event I don’t think he’s done anything wrong in that regard.

Re the other stuff, I don’t see you have anything to sue him for but perhaps to fight the eviction if you want at least for a while.

Maybe though it would be best to find another place- less hassle.

Mintypylonsfryingsurplus · 24/07/2021 18:10

As in previous thread, he ponced of us for over 15 weeks. Pressured us to do improvements on the house under the pretext he would sell it to us in September.
Harrassment and not feeling safe.
The fact he has been a terrible LL and not upheld responsibilities.
I disagree that it was ok to copy a friend into email ( it contained details and a link to my deposit and other financial data) that has nothing to do with some random mate. I am in the process of buying a house.

OP posts:
21Bee · 24/07/2021 18:29

What are you trying to sue him for? All of those things mean that he can’t evict you and if it went to a court to uphold a notice for eviction it would fail.

You can sue if the deposit hasn’t been protected correctly you can sue for 3x the deposit plus the deposit being returned. Have you checked it was protected correctly and on time?

Mintypylonsfryingsurplus · 24/07/2021 18:37

Yes deposit was put in scheme 2 days after we moved in, the only thing he has actually done it seems. Benefit cheating aside, he really believes he is above the law. I guess I just want to get even. Can I report him for gas cert/ data breach/ electric cert/ EPC/ when I decide to leave. I just feel he needs punishment for what he has put me through? To hit him hardest would be financially, so thats why I wondered if I had grounds to sue. Maybe reporting him to benefits would be more satisfying.

OP posts:
21Bee · 24/07/2021 18:46

The landlord could be liable for fines of £5,000 for no gas safety and £30,000 for no electrical certificate. You can report this to the council.

The other stuff just means he can’t evict you or serve a section 21 notice on you.

Sparechange · 24/07/2021 18:49

If you’re buying a house, why on earth would you want to get involved in drawn out legal battles, with all the costs that go with it?

Just move out, move on and chalk it up to experience

This isn’t going to be some windfall payday for you where you get awarded thousands in compensation

Iwastheparanoidex · 24/07/2021 18:51

The ico will do very little. At best he will be told not to do it again.

What quantifiable loss have you suffered from the data breach?

Mintypylonsfryingsurplus · 24/07/2021 18:53

I agree but having been an really good tenant I feel that his greed to abuse this and the law in general, not to mention benefit fraud should not go unpunished?
Surely these laws are there to protect tenants/ especially vulnerable people who may not be able to advocate for themselves?

OP posts:
FlowerArranger · 24/07/2021 18:56

@Mintypylonsfryingsurplus - I would suggest you post on a landlord forum such as LandlordZone. You'll probably get more informed and useful responses.

SW1amp · 24/07/2021 18:57

Benefit fraud has got nothing to do with this

If you pursue this, you will learn a hard lesson about the justice system, and it will cost you thousands in the process for little or no compensation

Just move and get on with your life

Mintypylonsfryingsurplus · 24/07/2021 18:59

Well that is a shame that ICO do not do more to uphold this it makes a mockery of ang legislation.
No quantifiable loss. Yet. But what is to stop the copied in party using my details or accessing the scheme using link?
It really was a careless and stupid prank to pull, not to mention to be intimidating. I emailed the guy telling him such/ asked him to delete email and to not involve himself further due to breach. I also explained the seriousness of this. So no financial loss but feel anxioud that I am being harrassed with people knowing confidential financial details, potentially leading to fraud.

OP posts:
Mintypylonsfryingsurplus · 24/07/2021 19:01

@FlowerArranger thank you that is useful. Will check it out.

OP posts:
Iwastheparanoidex · 24/07/2021 19:01

It’s a negligible breach. What exactly are you expecting?

Iwastheparanoidex · 24/07/2021 19:02

And you’ve no right to email the guy and tell him not to involve himself due to breach. I hope he told you to do one.

Mintypylonsfryingsurplus · 24/07/2021 19:04

As for benefit fraud Having totted up the amount over 8 years is £160,00!!!
So he can sun his ass abroad fishing, biking, generally having a life of Riley on benefits. We are not talking a couple of quid here.

OP posts:
Iwastheparanoidex · 24/07/2021 19:06

You messed around with doing improvements when the house wasn’t yours.

You tried to swap with your parents

You allowed your landlord to move in

This is a whole big mess to untangle and if you take it to court it will cost a bomb, cause you enormous stress and you’re unlikely to get any significant levels of compensation

Mintypylonsfryingsurplus · 24/07/2021 19:07

@Iwastheparanoidex initially he emailed me back saying he never wanted to be involved. Thats when I asked him not to get involved further so as to protect himself against harrassment claim ( with the police) towards me. Why in earth would he tell me to do one?? Actually I have every right to inform someone what I will and not tolerate. What a ridiculous comment.

OP posts:
Iwastheparanoidex · 24/07/2021 19:09

Hahahaha

And I’d tell you what I would and would not be tolerating right back at you.

Iwastheparanoidex · 24/07/2021 19:11

I get it. You’re angry and hurt because you think you’ve been screwed over because of promises made.

But that’s on you. You shouldn’t have invested emotionally or financially on a promise.

I’d also advise you to check out the legal position since you had your landlord move in with you. And asking him to pay you rent. Because that is a whole mess.

You need a lawyer. But the case will not bring you what you seek.

Mintypylonsfryingsurplus · 24/07/2021 19:12

The improvements were done with full permission/ knowledge in advance.
Swapping with parents for six days was done with agreement, until he then refused to leave/ make everything difficult so I felt compelled to leave.
I allowed a friend ( who happened to be my landlord) a short stay to sort himself out and repeatedly told him that. To the point he squatted and the police asked him to leave.
I am not after compensation, just justice. If I cant get that, well I hope karma is actually a thing.

OP posts:
FeatheredHope · 24/07/2021 19:14

Sheesh this is one hell of a messy and strange situation and it sounds like you have made some very unwise decisions.
In your other thread you say you’ve spoken to a solicitor. What did they say? I’m sure they’re better placed to give advise than a load of randoms on the internet.
What would you actually sue for here?

Iwastheparanoidex · 24/07/2021 19:14

The fact he’s your landlord complicates your tenancy. I’m not an expert (and the fact he moved in after your tenancy started makes it complicated) but normally you can’t have an AST if you live with your landlord.

You really need advice before you go off on one.

He has protected your deposit. You’ll get it back. Take it and move on is my advice.

Mintypylonsfryingsurplus · 24/07/2021 19:18

I never asked him to pay rent as that would be average 89 quid a week, just what he was using. That he was helping himself to on a daily basis anyway. Its really not the same.
If he took me to court he risks me not leaving anytime soon. Would the courts really rule in his favour? A benefit cheat, who harrassed someone enough to go to the police? Someone who has not upheld their responsibilities except putting deposit in scheme?
I dont think so but thank you for your comments Hmm

OP posts:
Iwastheparanoidex · 24/07/2021 19:22

The court re eviction won’t be interested in whether or not he’s a benefit cheat.

There is a procedure to report the other failings. You should do that.

As I said. The fact you were living with your landlord may have invalidated your AST. you need legal advice on this.

The ico won’t care over such a small breach and he’s vanishingly unlikely to be fined. He will most likely be told not to do it again. If at all. If you knew what an actual serious breach was you’d realise your expectations in this regard are ridiculous.

Iwastheparanoidex · 24/07/2021 19:23

He paid you money to live in the house. His own house.

Did you give him a sub tenancy agreement?

Swipe left for the next trending thread