Landlord given Section 21 but I already agreed to look for another property

RedPen50

Hi there, I know this is a long post but I am very stressed at the moment and not sure about where to go for extra advice as I can't seem to find anyone in the same situation.  I have been private renting my one bed flat since Aug 2014.  The landlord was lovely, did various repairs and generally let me live in the property without any problems.  Around 2019, he decided to sell and someone else bought the flat, taking over my tenancy automatically.  For some reason we never seemed to 'gel'.  To me this guy was cocky, telling me he wanted to buy other houses in the neighbourhood, as many as he could.  I didn't particularly like him, but luckily he kept out of my way as well and didn't bother me.  Then it all went south.  Around October 2019/20, I realised that my gas service was over a year overdue.  I sent messages to my landlord but he didn't reply.  Eventually he came back to me and said he would handle it.  November came and went and so did December.  I told him that I worked for a local council, in the gas/electric office - ironically booking gas and electric services/tests.  I told him he was breaking the law and that I was now coming up to 15 months out of compliance.  Still no reply.  So I contacted the engineers that worked for the previous landlord and booked them in for early January.  I informed the landlord and he didn't like it one bit, telling me that 'this is not what landlords do' and that I would have to pay for the service myself.  I fired back text after text, telling him over and over that it was his responsibility, sending him links to websites telling him this information.  From this point onwards I didn't trust what my landlord said, or did, and it is also the point I believe that he had me pegged as a 'troublesome' tenant.  There was also an issue, earlier this year in March, where I had a dripping tap.  After some messaging back and forth, the landlord finally fixed the tap three weeks later.  I have a transcript of all these emails, texts and whatsapps (which, as it happens, is a good job I did).
I had asked him to remove the hall radiator as I was having trouble moving a new sofa around the corner and he came along, with his 'contractor' - who seems to be the same guy to do all kinds of jobs - and as they took away the radiator, my landlord brings out an envelope.  He told me he was raising the rent from £425 to £500.  I told him straight away that I could not afford it.  He told me I had 'enjoyed a low rent for years' and that he was bringing the rent up to line with other local properties.  In my area, it is about 50/50 - there are 1 bed properties that do go for that price, but there are also 1 bed houses that go for that price too.  I took the envelope and again said I couldn't afford it.  Again, emailing back and forth, I confirmed that I did not agree to the rent increase and offered him £450 (which was also pushing me, but to be honest I wanted to see what his reaction would be).  He replied, refusing this amount and said he wanted the rent increase to start from end of April.  I told him I could not afford this and that I would start looking for a new property.  He immediately replied saying he was taking this as my one month's notice.  I fired back straight away confirming that it was not my month's notice, I was going to start looking for somewhere else to live and that I did not agree to the increase.  I also looked online at Shelter and contacted my local council's prevention team, speaking to a lovely officer who has given me a lot of advice during this time.  April and May came and I paid my normal rent.  When my landlord came to check the tap had been fixed, he handed me a letter and left.  It was a 21 notice.  It was now also becoming increasingly difficult to get hold of my landlord, with him replying to me nearly a week after my original message.
In the middle of all this, as soon as I knew I was looking for another place, I registered with the local council to bid on their properties and have been doing this since early April.  I told the landlord this, that I was actively looking for another place.  He kept coming back with 'I gave you two months to find somewhere'.  I'm not sure if he is aware of how difficult it is to find a new property to rent when all of this came from out of the blue.  I don't have any money saved up for fees or deposits or anything, so I knew my best bet would be a council property/no deposit.
Now this is where the story gets me so angry - the last week of May, as per the prevention officer's advice, I contacted a local housing association about a property I saw on their website.  It was, as was most off the council properties, only for people of a certain age or over.  I reach that particular age in September and my prevention officer told me to contact them and see if they would accept me.  I did so and, thankfully, they did, sending me over electronic application forms, budget sheets etc.  Within two days I had completed all the paperwork and sent back my ID etc.  It was just the landlord reference to go.  The HA sent emails asking for the reference, I sent emails and whatsapped him too.  Nothing.  He finally responded a couple of days later, on Tuesday 30th May, saying he would fill it out and send it back at the end of the week (this was what he usually said with any request I asked of him).  On Friday 9th June I received court papers, from my landlord, for possession of the property.  I was so mad!  When I looked at the papers, he had filed them on 2nd June.  So a full 24 hours after he knew I was waiting for his landlord reference, he then decided to go ahead with court.  Even now, today, he has not responded further on whatsapp, or any of my emails.  I did leave him a voice message on the Friday, saying I had received the papers but I was more concerned that he had not sent his reference through.  I don't understand what he is thinking!  Sure if he wants me out, he should fill out and send the reference so the HA application can be completed and I can give a date when I will vacate.  In the papers, my landlord has also stated that he wants me to pay the court costs of £355!  Whenever I ask for advice on this, online, it's just the normal 'don't agree to the increase or else you have accepted it', also 'you will have a while once the 21 notice expires (which was 31st May) before he takes you to court'.  The papers say that he has done so using the accelerated procedure.
I truely feel that the problem I had with him at the beginning about the gas service has put it in his head that I am trouble.  In all the (nearly) nine years I have lived here I haven't had a complaint against me, I haven't had neighbours complaining, I have lived quitely and to myself.  He has not told me of anything that I have done that has constituted me breaking any rule within my tenancy agreement.  And then out of the blue there is this.
Again, I apologise for the long post, but I don't know what to do.  I am at present in the middle of completing the defence form as it was dated the 8th June, so it has to be back at the court before 22nd June.  This is just crazy - I never thought I would be evicted when I had already agreed to move out and then have the landlord prevent me from moving out because he won't complete a landlord reference for the HA!  Any help or advice would be great.

GrumpyDil

That's a lot of text but when was the S21 served as that would need to have been two months prior to starting legal proceedings? 

Also what grounds is he using for the court action as I'm wondering if he is going for non payment of rent instead? 

RedPen50

I know, I apologise, I haven't been able to talk to anyone and so much has happened, I think I just vented.  The section 21 was given to me, hand delivered on 31st March and so ended 31st May.  As soon as I got that I started looking for another property.

In the papers it says that he just wants quick possession, he hasn't ticked the section about rent arrears.  I have still been paying my rent and haven't been in arrears with him.

Sorry just remembered - he did send me a recorded letter, stating that it was a formal demand for overdue rent - two lots of £75.  I told him in numerous messages that I didn't accept the increase. 

GrumpyDil

OK. So have you checked the S21 is all in order?

If you search this forum there are guides about what does and doesn't make a S21 valid. 

What happened about the gas safety check? Was it done and who paid for it? If you organised and paid for it that might make the validity of the S21 questionable. 

RedPen50

Hi yes the prevention officer checked the 21 notice and confirmed it was valid. 
After a lot of messages the landlord confirmed that the gas service was done, he had received the CP12 and he agreed to pay the engineers.
Looking at the paperwork he is producing it all looks legit.
I have told him that I understand if he wants to put the rent up, that's his choice, but that he also has to understand it takes more than 2 months to find a property, especially when it's a council one.  I am silver band at moment (threat of homelessness) but I am ending up in position 40 plus on every one I bid for.  That's why I was so relieved when the HA agreed to accept my application but now that may be in jeopardy because of the landlord not sending in a ref.

propertyrental

* why did you not deal with the gas inspection properly? Report to HSE using form LGSR1.?
* you instruct a contractor, you pay for the contractor.
* What kind of tenancy is this? Fixed term? Exact start/end dates please. Or periodic (rolling)? Exact dates of each period please.
* Does the most recent tenancy agreement have a clause regarding rent increase? If yes, please quote exactly.
* what paperwork was provided for the rent increase? A S13 Notice? Or a letter/note? If letter does it refer to the TA clause (if any)?
* what exact date was the rent increase served? what exact date was the new rent to be implemented?
* The dripping tap is irrelevant - it was fixed
* the radiator was moved - not required so a goodwill gesture
* hat exact date were you served the S21? What exact date was expiry of the S21?
* any difficulty you have finding a new tenancy is not (legally) the LL's concern. A S21 needs no reason but allows you 2 months before the next step.
* the LL has no (legal) obligation to provide a reference.
* Filing court papers for eviction is the normal next step following a S21 Notice, so no surprise.
* where a tenant does not vacate after a S21 and a LL applies to court,it is normal for the LL to claim the court costs.
* your relationships, with the previous and current landlords, are irrelevant. Focus on the legal position.
* The LL does not need a reason for a S21. You do not need to 'break any rules' as no reason is needed.
* Any defence you enter must be based on the validity of S21 notice. Nothing else is relevant. If you refer to the poor relationship you will simply annoy the court. 
* Have you checked the S21 is valid? You can check here:
S21 checklist (Is a S21 valid?)
This is slightly out of date and omits the Tenant Fees Act 2019 so:
- how much deposit have you paid? Is it more than 5 weeks rent? If yes, the S21 is invalid.
* You can also check here:
Shelter s21 validity
* I repeat - do not refer in your defence to the relationship, or that the LL has been 'unreasonable', or that you are a good tenant with a previous perfect track record. That is all (legally) irrelevant. The only relevant factor is whether the S21 is valid.

MultiFuelBurner

RedPen50 said:

Hi yes the prevention officer checked the 21 notice and confirmed it was valid. 
After a lot of messages the landlord confirmed that the gas service was done, he had received the CP12 and he agreed to pay the engineers.
Looking at the paperwork he is producing it all looks legit.
I have told him that I understand if he wants to put the rent up, that's his choice, but that he also has to understand it takes more than 2 months to find a property, especially when it's a council one.  I am silver band at moment (threat of homelessness) but I am ending up in position 40 plus on every one I bid for.  That's why I was so relieved when the HA agreed to accept my application but now that may be in jeopardy because of the landlord not sending in a ref.

Is their a notes section to add information pertinent as to why your landlord may not complete a reference?

The problem for the landlord and yourself is that he won't get what he wants until you leave and you probably won't get what you need until he legally evicts you and you become homeless to bump you up the list.

The LL has had to issue the section 21 to put some focus on the end of your tenancy and also when it goes to court for eviction that will.inevitably help you find your next home if you haven't already by then.

housebuyer143

Can you explain to the HA that your landlord refuses to respond to the reference and what can you do? 
I'm sure this isn't an isolated incident and has happened before.  Tell them you can send years of bank statements showing rent paid etc.
Make sure you put somewhere on he court forms that you were ready to leave pending him doing the reference so if it does go to court potentially you don't get stung with the court fees as this is all unnecessary. 

Whether you agree to the rent increase or not is irrelevant, if he has sent the correct form with the correct notice then the increase is valid even if you don't agree. 

The only thing that reads odd is why he was removing the radiator to help you move furniture?? That doesn't seem like something he should be doing?

Titus_Wadd

Could you make contact with the previous landlord and ask them for a reference; assuming that would be better than no ref from your current LL?  Maybe check with the housing officer if this might be acceptable before you try to contact the former landlord.

RedPen50

Property Rental - A lot of questions!  I will try to answer, as follows:
* why did you not deal with the gas inspection properly?   Not sure what you mean by this one?  It is up to the landlord to organise and in this case he didn't after weeks of me asking him.  I was forced to call the previous engineers, as I told my landlord I would if he didn't book an appointment by Christmas.  He was forewarned I would do this and still he did nothing.  There is a uptodate CP12 for the property now, but at the time there wasn't.
* you instruct a contractor, you pay for the contractor.  - why? It's in the tenancy agreement that they/he is responsible for maintaining the property.
* What kind of tenancy is this? Fixed term? Exact start/end dates please. Or periodic (rolling)? Exact dates of each period please.
This is an Assured Shorthold Tenancy - I moved in August 2014 and it continued after 6 months, so Feb 2015 and then it was automatically ongoing. 
* Does the most recent tenancy agreement have a clause regarding rent increase? If yes, please quote exactly.  The only clause relating to rent (other than the normal 'you will pay us rent on such a date etc) is in the 'our responsibilities' section - as follows "Not increase the rent - We will not increase the rent during the first six months of your occupancy *(These clauses are drafted by the writer and are therefore not covered by the Plain English Campaign's Crystal Mark, which covers the rest of this document".  The previous landlord did raise the rent, from £400 to £425 because he redecorated/painted the whole flat and installed new carpets in the living room/kitchen and bedroom, which I had no problem with.  Both of us agreed the raise and it was all done amicably.
* what paperwork was provided for the rent increase? A S13 Notice? Or a letter/note? If letter does it refer to the TA clause (if any)?  Yes he sent a S13 notice.
* what exact date was the rent increase served? what exact date was the new rent to be implemented?  He hand delivered the notice on 27th March 2023 and stated he wanted the new rent to start on 28th April.  I told him on 28th March that I couldn't afford it and I then received the S21 on 31st March, to expire on 31st May.  
* any difficulty you have finding a new tenancy is not (legally) the LL's concern. A S21 needs no reason but allows you 2 months before the next step.  I understand that but in his email to me 
* the LL has no (legal) obligation to provide a reference.  I understand this but he sent me a message before he applied to court saying that he would send the reference at the end of the week (last week).  Why would he say he would give me a reference, then stop contacting me and the next day file for court?
* Have you checked the S21 is valid? You can check here:
S21 checklist (Is a S21 valid?)  I have sent a copy to the prevention officer and she confirmed it was valid.
This is slightly out of date and omits the Tenant Fees Act 2019 so:
- how much deposit have you paid? Is it more than 5 weeks rent? If yes, the S21 is invalid.  I paid £500 deposit - at the time the rent was £400 per month, then, as pointed out above, it was raised a little for the redecoration approximately 2016/2017, and has been at £425 per month since.
* You can also check here:
Shelter s21 validity
* I repeat - do not refer in your defence to the relationship, or that the LL has been 'unreasonable', or that you are a good tenant with a previous perfect track record. That is all (legally) irrelevant.   No I won't mention that on the defence paper - I just wanted to put that in my original post to show the whole story.

I think that's all your questions, but please let me know if I have missed any.

macman

If the LL refuses to supply a GSC then the correct course of action (after the exhaustive procedures you already followed) is to report them to the HSE. Not to arrange your own certificate. If you do that, you can expect to have to pay for it, since you contracted it, not him.
The LL has a legal obligation to supply a valid GSC, but not a contractual one. It doesn't form part of your AST. However, I don't understand why the 'prevention officer' says the S21 is valid. If the LL has still not supplied you with a valid GSC, then that alone will invalidate the S21. The LL must supply the tenant with a GSC, not the tenant supply his own.