Is my case unique????

caxtonman

Myself and my wife started renting a property, privately, from a landlord who seemed fairly decent at the time, who offered us this house he had recently purchased and offered a low rent and he told us we "could rent it for as long as we wanted and do whatever we wanted with it". This sounded great, so we agreed and he gave us ready-made tenancy agreement on a 6 month periodic term which renewed every six months so no need to draw up a new tenancy each time. Things started going wrong when the drain outside the kitchen kept on overflowing causing smells and slippery surface to the communal walkway and neighbours were a little bit annoyed. We contacted the landlord in November 2011 and he said he would sort it out. Because neighbours were contacting him about the drain he decided to get a letting agent to take over the tenancy. The letting agent tried to get us to sign a new tenancy which was substantially different to our original one, so we refused to sign it (this is lawful). They then told us that the landlord was increasing the rent. We accepted this even though money was tight. We then found ourselves without hot water for 2 weeks because the hoses on the gas cylinders had perished, and after giving the landlord a final warning about the drains (a year after we informed him) we got Environmental Health involved, who were appalled by the situation. The landlord then entered my place of work and threatened first to evict us then he said he was selling the property by way of retaliation for getting EH involved. He issued a Sec21 notice and because we couldn't find alternative accommodation because we had a dog we are still living there, even though the Sec21 has ended. WE ARE STILL PAYING RENT AND HAVE NEVER DEFAULTED IN ANY WAY. His solicitor has threatened us with a possession order and refused our request for more time. Now we have discovered that he has given any prospective new landlord a bad reference. Is this unique?? Our landlord has made not attempt to fix the drain OR put the house on the market. There is no information on the web for tenants who are NOT in arrears but are being harassed by their landlord, or is there?

agrinnall

Very unlikely that your situation is unique. While your LL is probably a bit rubbish, and certainly shouldn't have come to your place of work, he is perfectly entitled to issue a S21 for whatever reason he wants, and to start possession proceedings once you failed to move out. He will win that eventually, so if you want to reduce the aggravation you would be best to look harder now for somewhere else to rent rather than be made homeless.

He can certainly provide a reference that says you refused to leave, although he can't say anything that is untrue. Perhaps you would be better to tell prospective LLs that you are in dispute with the current one and that a reference from him would not be appropriate.

caxtonman

Thank you for your prompt reply. According to our solicitor we have a very strong case against him as, which we will be pursuing.

ll123_2

caxtonman wrote: »

Thank you for your prompt reply. According to our solicitor we have a very strong case against him as, which we will be pursuing.

You may have a case for harassment but unfortunately as already stated the landlord can serve a Section 21 notice WITHOUT reason and gain possession of the property as long as it's outside of any fixed term.

Did you provide a deposit? Is it protected in a government approved scheme?

DRP

caxtonman wrote: »

Thank you for your prompt reply. According to our solicitor we have a very strong case against him as, which we will be pursuing.

A strong case for what, specifically?

(as you know, the LL doesn't need a reason to serve an S21)

Werdnal

Nothing unique about having a landlord who fails in their repairing obligations - just read the forum and you will find lots of similar stories. EHO may enforce the LL to carry out any repairs necessary, but that has no effect on the notice you have been issued or allow you to continue living there if the LL is intent on evicting you.

If your S21 has expired, assuming it was issued correctly, served on you correctly and your deposit is correctly protected in a scheme, your LL could be applying to court for possession now. Ignore any threats from his solicitor and don't get involved in any more arguments with the LL. You may buy some time if his S21 was incorrect and the court throw it out, but he will get it right eventually and you will be evicted. Nothing unique at all!

What are you hoping to sue him for? Financially you will not get much back as you have made no financial loss. There is no "disrepair" claim available to defend an S21, so this won't help you. Even if this S21 is wrong and does not succeed in court, LL will issue another and get you out in the end - do you fancy being homeless at Chistmas?

I am not defending the LL here, but I feel you may be better putting your efforts into finding alternative accommodation before the baillifs come knocking!

caxtonman

Yes, I know all about the Sec21 Notice but failure to carry out essential repairs, and peaceful enjoyment BEFORE it was issued and the retaliation because of it constitutes breach of covenant, and the subsequent bad reference defamation of character, especially as I run my own business in the area and the harm this may cause. The LL has a history of this sort of behaviour.

DRP

caxtonman wrote: »

//snip
and the subsequent bad reference defamation of character, especially as I run my own business in the area and the harm this may cause. The LL has a history of this sort of behaviour.

i) he doesn't have to give you any reference.
ii) you don't have to use him as a referee.

Claire212

It's certainly not unique. We are in exactly the same situation as you are. Our Section 21 notice expires in less than 2 weeks.

When we contacted the Housing Officer we were at a last resort. There had been severeal issues with the house that we shouldn't have to live with. The Officer picked up 3 faults to do with damp and inadequate heating and began to try and contact out Landlord. She did nothing.

Instead she put the house on the market and issued us with a Section 21 notice. The Housing Officer told us to expect it.

We have had some amazing help from the Local Council who are helping us to find somewhere else to live. I believe that they can also help with financing the deposit and have many places availiable with pets allowed.

If you have not defaulted on rent payments then I would strongly advise going to the council and asking for help. They may have a duty to rehouse you.

I totally sympathise with you. It's a stressful thing to have to go through.

Landlords like these give the really good ones a bad name. But I can assure you. There are good ones out there.

Good Luck.

caxtonman

As previously stated we have been making a concerted effort to find alternative accommodation, but not all landlords accept pets. As for court action it takes 6-8 weeks for the first hearing which we have a right to defend ourselves which can be appealed which can take another 6-8 weeks to hear. It seems I have touched a raw nerve, for which I apologise, which seems strange as we have done nothing wrong. I have no wish to stay longer than is necessary and no, I won't be homeless before Christmas, believe me. Thanks for all your input though.

caxtonman

Thanks Claire, I hope you have better luck than we have had.