Illegal eviction, no gas safety certificate, deposit not protected, no EPC and unfair rent contract

Col_67

Sharkmoney: Laws are there for a reason and penalties are there to make sure that the laws are adhered to. He was happy to take my money and then abuse the law when it suits him and at my expense. Why would it be wrong of me to want to excersise my rights as the paying tenant who was about to have my deposit stolen and then be made homeless by a rogue landlord? He knew exactly what he wanted to do 100% of the way. He thought that I was a pushover and if not then a signed, dodgy tenancy agreement would protect him any come back. How wrong he is. BTW: We have found a place to live ... I referred to it earlier in the thread.  

"he doesn't sound that bad?" Are you a landlord yourself and if so is this your professional opinion? 

Sachs

You've not been illegally evicted because A. You still occupy the house. B. You've agrees to voluntarily leave.

It's been explained that you can sue for non-protrection of deposit so why are you worried about what he may or may not deduct?

What do you actually want here? Do you want to stay in the property? Do you want to leave but with your full deposit? Do you not really care so long as it hurts the landlord as much as possible? 

Col_67

Sachs: I though I made myself clear as to what I wanted and several people have already offered sound advice in that regard. As for the deposit, of course I'm bothered about the landlord making unfair deductions if they are genuinely unfair. I know that this was his intention all along and he did get away with it with the previous renters. This time he picked a fight with the wrong person and is ignorant about the law. Re: the illegal eviction, yes I am still in the property, I know that. However,  according to Shelter take a look at the 1st point....

What is illegal eviction?

Landlords must follow the correct procedures to evict tenants

Actions that count as illegal eviction

It's usually illegal eviction if your landlord:

• forces you to leave by threatening or harassing you << THIS! <<
• physically throws you out
• stops you from getting into parts of your home
• changes the locks while you're out

Slithery

But you haven't left yet, so how has the LL 'forced' you to leave?

[Deleted User]

How have you been threatened and harassed? Haven't you just been sent a Section 21 albeit an invalid one. That's not a threat or harassment. 

Sachs

You haven't understood about the deposit. If its not protected you will receive 100% of the deposit back as a minimum regardless of your landlords opinion. 

His deductions are only relevant if it's been protected and if so the process is to dispute it through the deposit protection service.

I'm no expert but I suspect the landlord asking you to leave and you saying 'OK' is not the threshold for harassed out of your home.

Col_67

Lover_of_Lycra: No I haven't been served a S21. I've just been told via email sent on Christmas Eve that "I will be moved out on the 29th February" Is that not threatening language? Who's going to move me out? Certainly not a baliff so who?

Sachs

Why don't you look at the shelter website about what constitutes landlord harassment?

Slithery

Sachs said:

His deductions are only relevant if it's been protected

Incorrect. If the deposit hasn't been protected then the tenant can claim the 1-3x penalty but deductions can still legally be made - by the LL taking the tenant to small claims court if necessary.

[Deleted User]

Col_67 said:

Lover_of_Lycra: No I haven't been served a S21. I've jsut been told via email that "I will be moved out on the 29th February" Is that not threatening language? Who's going to move me out? Certainly not baliff so who?

That's not even close to threatening language.