Landlord Served Section 21 in August. She now says I can't move out without notice

Guest101

ironically if the OP had behaved like this to the LL throughout the tenancy, she could've evicted them and they'd of got social housing much sooner....

hign10pines

JamesJUK wrote: »

Thats a good point.

therefore no notice has been given by either party, so you can't just move out.

Mtl2015

Pixie5740 wrote: »

Yes a court could side with her quite easily as your list of repairs has nothing to do with ending the tenancy. Small claims court doesn't cost that much and if she won (assuming this even gets to court) then her court costs would be charged to you.

However, it sounds as though you are feeling lucky punk so bon chance.

Well thats just ridiculous. Im glad ive never had a landlord who would be so self centred.

When my house was burgled and left with no heating or bath or sinks and the walls ripped out my landlord never even once mentioned anything like this and understood completely when i had to leave because i had my son prematurely - absolutely no way could i have taken him back!

OP personally im not above blackmail and id tell her if she takes me to court for the one months rent i will take action over the deposit x 3. She is better cutting her losses tbh. She sounds like a tit anyway and its people like her who need harsh regulations and consequences.

Guest101

Mtl2015 wrote: »

Well thats just ridiculous. Im glad ive never had a landlord who would be so self centred.

When my house was burgled and left with no heating or bath or sinks and the walls ripped out my landlord never even once mentioned anything like this and understood completely when i had to leave because i had my son prematurely - absolutely no way could i have taken him back!

OP personally im not above blackmail and id tell her if she takes me to court for the one months rent i will take action over the deposit x 3. She is better cutting her losses tbh. She sounds like a tit anyway and its people like her who need harsh regulations and consequences.

It's up to 3x. The court won't award that to a tenant who doesn't pay rent...

Poppie68

Mtl2015 wrote: »

Well thats just ridiculous. Im glad ive never had a landlord who would be so self centred.

When my house was burgled and left with no heating or bath or sinks and the walls ripped out my landlord never even once mentioned anything like this and understood completely when i had to leave because i had my son prematurely - absolutely no way could i have taken him back!

OP personally im not above blackmail and id tell her if she takes me to court for the one months rent i will take action over the deposit x 3. She is better cutting her losses tbh. She sounds like a tit anyway and its people like her who need harsh regulations and consequences.

Yours seems like an extreme case though....The property by the sounds of it was uninhabitable...and with a new baby.
The op had the option of moving but didn't, they stayed due to the fact it all worked to their favourite in getting a LA property, but now suddenly wants to stamp and kick his feet.

G_M

Mtl2015 wrote: »

When my house was burgled and left with no heating or bath or sinks and the walls ripped out my landlord never even once mentioned anything like this and understood completely when i had to leave because i had my son prematurely .

Why do people not understand the difference between what a landlord can do, and what a landlord must do.

Many landlords go far beyond what the law requires. If a tenant has a special situation or problem, many landlords will be sympathetic and agree an early surrender. With or without conditions.

But that does not mean that another LL, faced with the same scenario, must do the same.

Following a serious burglary I would probobly agree to end a tenancy early if the tenant requested - but that does not mean I have to.

Having said that, in the situation you describe - no heating, bath, sink - the house would be 'uninhabitable' according to the Landlord & Tenant Act 1985 so the LL would have to re-house the tenants or end the tenancy.

dancingfairy

It sounds like a horrible situation. One would imagine as she's served notice (whether valid or invalid) that common sense would come into play and she would let you leave, it appears however that it is not that simple.
She appears to have behaved badly.
Yes you can take her to court but a ) what for and b) are you likely to win?
I can't see that you will get any compensation I'm afraid. You can report the landlord to the relevant authorities for any breaches but whilst this may cause her trouble it's still not going to get you compensation.
Some things aren't fair or morally correct but that doesn't necessarily translate into you getting compensation.
Whether you choose to not pay the rent is up to you. You've been advised what people on here believe is the case but obviously you are free to see your own legal advice and take or leave the advice you are given.
I hope you are happy in your new home and draw a line under this whole affair.
Df
P.s please come back and let us know how you get on.

benjus

booksurr wrote: »

corrected as above

I'm aware that a landlord cannot unilaterally terminate a tenancy - hence the use of the word "wish" to mean that the LL would like the tenancy to terminate on the date of the notice, but that will only happen if the tenant co-operates.

Pixie5740

benjus wrote: »

I'm aware that a landlord cannot unilaterally terminate a tenancy - hence the use of the word "wish" to mean that the LL would like the tenancy to terminate on the date of the notice, but that will only happen if the tenant co-operates.

The tenant should still serve their own notice though. Yes a landlord would have to be an absolute knob to serve notice because they want the tenant to leave only to then take a tenant to court for leaving but not serving their own notice but they could do it.

Pixie5740

I find it bizarre that the OP has done all this "legal" research but never bothered to look into what a Section 21 is or how to escalate repairs so that things are fixed.