Major Problem

sassy_one

I am guessing at present without any actual notices, they can't even get council to offer accommodation. 

To clarify, if landlord attempts entry of any sort or evicting without a court order, this would be criminal, and the authorities will act on it?

[Deleted User]

sassy-one said:

Are we all on the same page now, regards stopping rent payments?
I want to make sure I pass the correct information on.

The T wants to move on, but can't do so unless the deposit is given back to them.
Which clearly won't be done and can't even be requested with no contact from the landlord ignoring all contact.
Attempts made again this morning, all ignored.

If you could advise how next to proceed, such as withholding rent payments.
As unsure but even if the landlord did manage to start legal action for rent arrears, would any court in this country allow it to be heard given the landlord has breached every letting law going.

Thank you again for all the assistance 

Yes a court would allow a case for arrears to be heard just like a court will still hear a case for an invalid Section 21 or me filing a MCOL against you because I feel like it and Monday has a "y" in it.

If the tenant is going to withhold rent, and I'm not 100% convinced that the tenant can legitimately do that as an address for the serving of notices was provided and the landlord could have a mail redirection in place, then make sure the locks are changed first.  I wouldn't put it past a landlord like this to enter the property without warning if rent is withheld.  

AdrianC

sassy-one said:

To clarify, if landlord attempts entry of any sort or evicting without a court order, this would be criminal

Yes.

and the authorities will act on it?

How highly your local police prioritise it when you call is a different question entirely.

anselld

sassy-one said:

I am guessing at present without any actual notices, they can't even get council to offer accommodation. 

To clarify, if landlord attempts entry of any sort or evicting without a court order, this would be criminal, and the authorities will act on it?

Depends on the reason for entry.  Illegal eviction would be criminal but there would need to be proven intent.
Will the authorities act?   Possibly, but it would be more reliable to change the locks.  

sassy_one

I've told them to do the lock today, so will be sorted that side.
I am imagining someone like this getting in another way though.

IF the landlord attempts illegal eviction, so I can offer some assurance, the council will put them up temporarily, as it would be homeless no fault of their own, am I correct in that respect?

Grumpelstiltskin

I know this is England not Wales but it shows you what can happen when a landlord tries an illegal eviction
.Nottingham landlord jailed over illegal eviction attempt | West Bridgford Wire

anselld

Grumpelstiltskin said:

I know this is England not Wales but it shows you what can happen when a landlord tries an illegal eviction
.Nottingham landlord jailed over illegal eviction attempt | West Bridgford Wire

Fair enough although the authorities seemed very slow to act.  The L made numerous attempts to illegally evict and the Ts were forced to obtain an injunction (presumably at their own expense).  Only after the injunction and a further attempt did the police act and the L was finally jailed for contempt of court, not for the illegal eviction itself.

greatcrested

Lover_of_Lycra said:

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

That's not actually true.  In the case Trecarrell House Ltd v Rouncefield [2020] the conclusion was that a landlord’s failure to provide a tenant with a valid gas safety certificate prior to their occupation of a property does not prevent a landlord from serving a section 21 notice, provided the certificate has been sent to the tenant prior to the landlord serving the section 21 notice.

That's not what the case decided.

In that case, a valid GSR did exist at the start of the tenancy, and the court decided that failure to provide it to the tenant at the time did not prevent a vakid S21 once the GSR was provided.

In this case, there never was a GSR at the start, and hence  it could never be provided to the the tenant, and hence (probably) no S21 could ever be valid. I say 'probably' because this scenrio has never yet been tested in a higher court.

SDLT_Geek

The situation has escalated, as can be seen on this thread: https://forums.moneysavingexpert.com/discussion/6226075/false-imprisonment-urgent#latest

[Deleted User]

greatcrested said:

Lover_of_Lycra said:

Slithery said:

Due to the lack of gas safety certificate at the beginning of the tenancy then as long as the rent is being paid the LL can now never legally evict.
Change the locks and you have nothing to worry about.

That's not actually true.  In the case Trecarrell House Ltd v Rouncefield [2020] the conclusion was that a landlord’s failure to provide a tenant with a valid gas safety certificate prior to their occupation of a property does not prevent a landlord from serving a section 21 notice, provided the certificate has been sent to the tenant prior to the landlord serving the section 21 notice.

That's not what the case decided.

In that case, a valid GSR did exist at the start of the tenancy, and the court decided that failure to provide it to the tenant at the time did not prevent a vakid S21 once the GSR was provided.

In this case, there never was a GSR at the start, and hence  it could never be provided to the the tenant, and hence (probably) no S21 could ever be valid. I say 'probably' because this scenrio has never yet been tested in a higher court.

I think you’re missing the point. @Slithery said that without a GSC at the start of the tenancy the landlord could never legally evict. That statement doesn’t hold true for a number of reasons. In the case of Trecarrel House Ltd v Rouncefield, as we’ve established, a GSC hadn’t been supplied at the start of the tenancy but that didn’t stop the landlord from using the Section 21 notice which is at odds with what @Slithery said as it was possible for the landlord in that case to legally evict.  We don’t know that the landlord in this thread never had a GSC, it does seem unlikely but we don’t know for sure and as the property is in Wales it’s academic anyway.