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Revenge Eviction

Hi all,

I’ve rented a flat for 3.5 years, originally it was a 1 year AST that has turned into a periodic tenancy.
The flat is above a Dentist (LL) who owns the building. I always had a separate private entrance with a small hall which lead upstairs. It’s written and photographed in the tenancy agreement that the downstairs hall belongs to the tenant.
In the hall is a door that leads into the Dentist surgery which had always been kept locked. In January without notice it became unlocked and the Dentist allowed their employees to start smoking there. In the first week I had a few items stolen from there. I asked to be reimbursed by the Dentist/LL who said they weren’t interested and told me to go to the Police, so I did. When I went to the Police they contacted the council as they weren’t happy the fire exit had been compromised, smoking in the building, etc and said it fell under the councils jurisdiction. When the council contacted the LL they weren’t happy and served me with a section 21. It was hand delivered but not to myself physically, it was pushed through the letterbox.

Do these points actually make it invalid?
- They served me with a 21B not ‘A’.
- They have put an incorrect postcode.
- There are no fire alarms in the flat - I have asked numerous times.
- There was damage to a wall - caused by LL renovations below last October they are aware of it but they never sent a tradesmen to fix it.
- 1 radiator doesn’t work - they’ve been aware for over a year.
- 1 window won’t open - they’ve been aware since the tenancy started.
- I haven’t been able to contact environmental health but I think they’ve served some sort of notice to the LL.

I wanted to move out anyway, I was already looking for a new place to live but I live in a small town where the rental market isn’t big. I wanted to move within my own time frame so I could actually find somewhere decent to live (unlike this place). I’m also worried they will try to withheld my (rather large) deposit.
It also asks me to acknowledge receipt of the S21, do I need to this as it’s invalid?
If I move before the end of the 2 month notice period can I leave early and not pay the rent? Say If I move out at the end of March would I still need to pay April’s rent?
Am I also within my right to put the LL’s behaviour in public places such as Google, Facebook?

Comments

  • Cakeguts
    Cakeguts Posts: 7,627 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    You don't have to move out at the end of the notice period you can stay there until the landlord gets possession from a court.
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 26 February 2019 pm28 9:15PM
    kcloud wrote: »
    I’ve rented a flat for 3.5 years, originally it was a 1 year AST that has turned into a periodic tenancy. .....

    Do these points actually make it invalid?
    - They served me with a 21B not ‘A’. exact tenancy start date please. Pre or post 1/10/15?
    - They have put an incorrect postcode. dependson the court. Unlikely but possible.
    - There are no fire alarms in the flat - I have asked numerous times. No. But the LA can fine the landlord.
    - There was damage to a wall - caused by LL renovations below last October they are aware of it but they never sent a tradesmen to fix it. Have you followed the required process to negate revenge eviction? see link below.
    - 1 radiator doesn’t work - they’ve been aware for over a year. Have you followed the required process to negate revenge eviction? see link below.
    - 1 window won’t open - they’ve been aware since the tenancy started. Have you followed the required process to negate revenge eviction? see link below.
    - I haven’t been able to contact environmental health but I think they’ve served some sort of notice to the LL. You need to know this.

    ..... I’m also worried they will try to withheld my (rather large) deposit. Is it protected?
    It also asks me to acknowledge receipt of the S21, do I need to this as it’s invalid? No. Whether valid or not you do not need to acknowledge receipt.
    If I move before the end of the 2 month notice period can I leave early and not pay the rent?
    No. If you wish to leave you must serve the proper notice yourself, and pay rent till your notice expires.

    Say If I move out at the end of March would I still need to pay April’s rent?Depends if you have served proper notice toleave at the end of March!

    Am I also within my right to put the LL’s behaviour in public places such as Google, Facebook?
    It is certainly your right to do this.
    And it is his right to sue you for defamation, libel etc.


    see also
    * Repairing Obligations: the law, common misconceptions, reporting/enforcing, retaliatory eviction & the new tenant protection (2015)

    * Ending/renewing an AST: what happens when a fixed term ends? How can a LL or tenant end a tenancy? What is a periodic tenancy?

    * Deposits: payment, protection and return

    * S21 checklist (Is a S21 valid?)
  • Tenancy start date was 05/10/15. it was due to be the first but got pushed back due to the old tenant leaving late. My tenancy agreement was printed to say the 1st but then got tipex’d over by LA to say 5th if this makes a difference.

    Retaliatory eviction:
    The tenant has reported an issue to the LL - Yes. Wall in October 2015. Radiator in 2017. Window and lack of smoke detectors in 2015. All via email which I still have and reported more than once.
    The tenant has complained to the council and - Yes but only after they started smoking in the hall, I was wary of causing the LL too much trouble because I guessed the s21 would happen.
    The council has inspected - Yes they also took note of the other issues and no smoke detectors.
    The council has issued an improvement notice to the LL - I haven’t been able to contact the council representative but the day the s21 was issued they also stopped smoking in the hall. Doubt it is a coincidence, I will try calling again tomorrow.

    Deposit is in DPS but worried LL might say I caused damage to avoid returning it.

    In regards to making the LL actions public if there is no malicious falsehood and I only state the truth I thought it was all above board?
  • Also I’ve never received the ‘How To Rent’ book, in fact I’ve only just found it existed.
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