Landlord breaking laws can I sue?

[Mintypylonsfryingsurplus]

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.

He didnt move in. He stayed as a guest as I repeatedly told him. I have sought advice. I also know his insurance will be invalid as last gas certificate was Jan 2020 9 months before I moved in.
In the unlikely event he takes me to court ( as he is as tight as a gnats chuff) I really do not think it would go in his favour either. As we have a 12 month AST. Deep down I think involving his mate to continue to harrass me was a last resort.

What part of. If your landlord lives with you you can’t have an AST. That normally applies from the start of your tenancy but it’s not as clear cut as you seem to think it is.

What harassing did his mate do exactly?

Never gave him anything told him repeatedly he was a guest at my goodwill due to friendship. He put 100 quid in my account without being asked. I then after another 5 weeks had passed ( as he was helping himself to everything all the time) asked him to cover these sundries at a tiny cost so as not to give him any real rights but at the same time not allowing this stingy individual to totally freeload off us. For example on the odd occasion ( every three weeks) we treated ourselves to a takeaway he asked to us to order him xyx only to promise us the money that never was given. We were sick of the poncing.

His friend was there a lot, imitially was friendly, then as we cooled towards LL he started turning up, blocking our driveway, saying we cant use garden as they fixing his car there. Generally felt like 2 of them making me so edgy and anxious I would just leave. Not to mention airgun and sharp knife in his bedroom?? I glad he gone and wont be dealing with either of them. Thats why I am upset about data breach. They are a pair of arrogant intimidators. The LL was on probation 18 months, 2 years ago suspended prison sentence for violent assault. Dont think he would dare approach me physically at this point.

Of he was on probation for a violent assault why the hell did you rent his house? That’s hardly sensible.

Blimey what a big mess. You sound a bit like hard work. This is why I would never rent a place out. Lots of hassle. You were stupid to do anything to the house as it's not yours so spending anything more than just a coat of paint on a house that isn't yours is madness.

You are the queen of the drip feed here, none of which is actually relevant.
You’ve had a bad experience. You also made some huge mistakes. Put it behind you and move on.

You also haven’t responded to my question about what the solicitor you consulted recommended.

@Mintypylonsfryingsurplus

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

Please just leave the house , its not yours. You think he is making your life hell , but I can assure you, you are doing the same things. Give the poor guy his house back and move on

@Truthseeker34 gosh what a totally wrong name for you.
Legally I rent it. THATS THE TRUTH.
I will be leaving when I am legally obliged to, and will continue to pay rent as I am legally obliged to.
My solicitor asked me to make a full statement, list all of the landlord responsibilities he has adhered to, and those he has not. Also to ensure I continue to pay rent/ if house purchase moves quickly to give him 4 weeks notice and inform deposit scheme. They also informed me of my rights as tenant.
If I sound like hard work that is fine, I think some of the comments on here are actually ill informed, unpleasant. Clearly a lot of landlords on here feeling superior to us 'lesser' tenants. Its easy money for landlords though? Until they actually have to stick to fairness and law, then it all gets a bit nasty

For the avoidance of doubt. I’m not a landlord.

You asked for advice here and are angry with those who gave it - why?

Because its not coming from a place of genuine concrete information and validity.
More like a vipers nest of schafenfaude.

But it can’t. Because we don’t have all the information.

More like a vipers nest of schafenfaude.

Eh??

I think you mean “Schadenfreude” and I don’t see anyone taking pleasure in your pain here, just unable to help as every post there’s more drip feed.
Again, if your solicitor didn’t advise you had grounds to sue, then I don’t see how any of us can advise you better.

You will still have an AST (regardless that the LL stayed for a while from what I understand)

Do you pay you rent monthly or weekly? If monthly then your solicitor is wrong- you would have to give a month's notice ending on the first or last day of your tenancy period. (you may feel this is a minor pint- but could end up costing YOU money)

You say you have a term of 12months-is there a break clause?

You may need to be careful here - if you don't end your tenancy correctly then the you will still be liable for rent until it is and if you're in a fixed term with no break clause then that's the full term (if the LL decides to pursue you for it)

You cant sue the LL for serving an invalid notice - it just means that if LL applies to court to claim of possession, and you have completed the defence form informing the court that LL has not provided the correct documentation- then the court will dismiss the claim.

If the LL is harassing you then you can contact your local council tenancy relations officer who may be able to help you take enforcement action under the protection from harassment act 1997

You probably can't sue successfully but you can and should report all of his failures to comply with the law as a landlord.
I'd also suggest to HMRC and the benefits department that they might want to take a look at him .

OP consider your mental health if you decide to sue. Would it not be healthier to forget all about this stress & focus on your new home?

You're never going to win in court because your own actions have muddied the water so much. You'd just be throwing good money after bad. But I doubt you'll listen.

I read your other thread, what you are went through is horrendous and shouldn’t have happened. He sounds like a nightmare with serious issues, you also made a series of major errors of judgement.

Want matters is where you are now. You can’t undo what happened, and I think you need to consider the fact that unfairness/terrible behaviour does not a legal case make!!!

When you’re moved out and have your deposit back, you can report him for his failure to meet the regulatory requirements of a landlord. If you want you can also report him for benefits issues. You could have gone to the police repeatedly for the harassment. You could speak to a solicitor to see if there is anything else you can report.

You’d be even more unhinged than him if you decided to get into a legal battle while trying to buy a house and without major resources behind you. Similarly, what are you proposing to actually sue him for? There is no single “you’re a terrible person” crime, with a punishment of “give them 100,000 pounds.”

@Mintypylonsfryingsurplus

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.

I think you need to get a life tbh. Surely you have enough going on with your house purchase? Move on and stop being petty.

@MissLucyEyelesbarrow

You're never going to win in court because your own actions have muddied the water so much. You'd just be throwing good money after bad. But I doubt you'll listen.

Absolutely this.

I'm sure this is what the solicitor the OP apparently consulted will have advised.

Ultimately OP just needs to build a bridge and get the fuck over it. Move on.

@ChunkySloth Thank you! Great advice I surely will

OP tenant sounds as much of a nightmare as the home owner.

If you want to go to court & sue someone it will cost you an enormous amount of money -probably more than you would get back -people don't realize how expensive taking someone to court is & presumably you would use a solicitor - mega bucks not worth it especially when your case is far from clear cut & you are unlikely to win
Sorry op as pp have said -although your LL was horrible & took advantage by bringing him in as a fellow tenant you shot yourself in the foot because he basically could claim you were living with him in his house. & yes it is unfair of him but in that sense well you are stuck.
You have got rid of him. So what can you do? Well, you could write him a business like non emotional non threaten letter - pointing out the errors in your tenancy information, the deposit scheme (that you will be claiming that against him if he hasn't used a scheme & that can be 3 times the amount you paid in & he won't be able to backdate it either,) You can contact HMRC & the benefits agency & drop him in it & don't tell him you are doing this (I would suggest after you leave not before) You MIGHT if you have any written proof he was definitely offering you the property & he confirmed (in writing or email) that on this basis you were clear to do work & he than made a profit - go to small claims court but as I said - you would need a letter trail. & frankly from what you have said I don't think you would have enough proof.
You will be able to delay leaving because he hasn't obey tenancy law you might be able to come to some "beneficial" arrangement if he still wants you to move but be careful this is a man you said has a record.
To be honest op you have made some colossal mistakes & I hope this has taught you to be careful of accepting someone's word without paperwork to cover you.

Thank you mumwon. I do have a mortgage in principal for his house to prove he was going to sell it to us before he changed his mind. You are right he is a dangerous individual so will probably now just report him once I have gone.