My landlord has issued a Claim for Posession! HELP :(

whatajoke2016

My landlord has submitted a claim and now I have a form for defense. I have been abused by the landlord over 4 years and last year I finally managed to have the council serve a notice for repairs which were done in the worst manner possible.

I know the following:

1. I was never given details of my tenancy deposit being protected until now where I have seen them for the first time 4 years on.
2. The name on the claim formicon for the landlord is the wrong surname
3. The council requires a landlord to have a licence prior to submitting a section 21 and this was not done.The council website information states that a Section 21 is not valid without a landlords licence
4. The court application for possession was made prior to the end of the fixed term of the assured shorthold which is June 29th and this was submitted on 26th May.
5. The second landlord (as there are two), does not reside at the address stated on the claim form. There are two boxes for two people and the second one is blank.

All these things seem to add up to a pretty strong case for a Section 21 being invalid.

What about issuing a counter claim for breach of contract under the Housing Act and Landlord and Tenant act for failing to carry out repairs once being notified in reasonable time for a period for 4 years? When would one submit this claim as a counter or is that done as an entirely separate matter in the courts?

Pixie5740

Did you not receive the information you were looking for in your previous thread?

https://forums.moneysavingexpert.com/discussion/5467403

bris

Sorry to hear it but you now have to be realistic. Whether or not the S21 in invalid or not they will only make this mistake once then it will be done right. An S21 is tricky to get right and most LL's use a professional to do it, some that don't get it badly wrong but only once. You need to come to terms with this and start thinking about finding somewhere else before it's to late.


What are you looking to achieve with a counter claim? The council stepped in and the LL did the repairs, there is nothing to counter claim for.


Why have you stayed for 4 years if you have been abused? Why on earth would you want to stay in a house with such an abusive LL. keep the emotions out of it and plan an exit strategy before you find yourself at the council offices homeless.


Edit posted at the same time as the above post with the link, keep to one thread your not going to get different answers no matter how many threads you start.

Miss_Samantha

With such a landlord you might be expected to be happy to move.

booksurr

your position has already been explained in your earlier thread
https://forums.moneysavingexpert.com/discussion/5467403

whatajoke2016

I am already happy with postponement to leaving as a delay and I can find another place without issue.

But my questions relate only to making a Section 21 invalid rather than the later outcome.

I'm sorry If i havent been clear.

pinkshoes

Just tell the LL to return the deposit in full, otherwise his S21 is invalid.

Then move out and move on.

FBaby

The council requires a landlord to have a licence prior to submitting a section 21 and this was not done

Are you sure that's the case. In Croydon for instance, it has to be the landlord OR an agent working for the landlord.

anselld

FBaby wrote: »

Are you sure that's the case. In Croydon for instance, it has to be the landlord OR an agent working for the landlord.

I am curious to know under what power/law the Council can invalidate a s21 other than by issuing an enforcement notice regarding disrepair.

Fair enough, they could prosecute a L for operating without a License but that is a separate issue.

booksurr

anselld wrote: »

I am curious to know under what power/law the Council can invalidate a s21 other than by issuing an enforcement notice regarding disrepair.

Fair enough, they could prosecute a L for operating without a License but that is a separate issue.

he was answering the first bit up to the comma, not the second bit of the quoted extract

anyways you can see what power they have here:
https://www.croydon.gov.uk/sites/default/files/articles/downloads/Landlord_licensing_FAQsFINAL.pdf

Legal powers of the council
What legal powers will licensing give to the council?
The council will adopt all legal powers as provided for by the Housing Act 2004 including:

• the capacity to grant or refuse a licence
• right of entry
• requirement for a private rented property to have a licence
• the requirement to impose additional licence conditions
• the power to take over the management of any property that is required to be licensed but is not so

in simple terms if it is not licensed it his not legally let, therefore anything to do with a tenancy is invalidated by definition since there isn't one

whatajoke2016

From the Croydon Council Site:

How do I know if my landlord has a licence for the property I'm renting?
The council is required to keep a public register of all licenced privately rented properties in the borough. To enquire about your home, please email propertylicensing@croydon.gov.uk
How do I report an unlicensed property?
Email propertylicensing@croydon.gov.uk or call 020 8726 6103 (available Monday to Friday 09.00 - 16.00).
What does landlord licensing mean for me?
As a tenant you will receive better protection from eviction as a Section 21 Notice is invalid if a property is not licensed. You will also be able to complain to the council if your landlord is harassing or intimidating you. Your home will also be inspected to ensure that it meets the necessary Housing, Health and Safety rating so you are confident you have a safe place to live.

SOURCE:

croydon.gov.uk/housing/privatehousing/croydon-private-rented-property-licence/information-for-tenants