UK Landlord Forum / Life

Hi everyone. Mines quite a long read so I thank you I advance. I have struggled some months to pay the full rent so I do owe home £2500. I have a court date now of 21st February. Does anyone have any advice or been in the same situation. Thank you.


Landlord told me he was putting house up for sale in may 2022. I have been applying for properties since may and have viewed numerous properties but with no luck. He gave me a section 21 in may which ended in July. I had been in touch with council who told me stay put. The house got sold and I was informed by the estate agents that the landlord had told them I would be leaving and moving in with my family, I did not agree to this. I got back in touch with council in November who advised me the section 21 had expired now. I made sure the landlord was aware of this.

There has been issues with the property which the landlord failed to sort out. There was a leak in the living room causing damp patch when it rained it got worse, he only fixed this when he knew estate agents would be round to take photos. Even then he only painted over it. There was also a leak from the roof in my sons rooms causing damp on the wall which he did fix but took him months. There is still a water patch which again gets worse with rain. My son has to share with me as was always up coughing if he slept in that room. There is currently a big damp issue in the bathroom which the landlord has been made aware of multiple times, the family who are due to move in had a second viewing and saw this and requested a damp evaluation and for it to be fixed. Then I was told by the estate agent that they no longer needed an evaluation and it would be left. ( I have evidence) so it's ok for me to live with damp and mould?! most of the windows don't shut properly leaving gaps for cold air to come through including the front door. The living room window my curtains move with the wind the gaps that big. I have to have my heating on a lot and the house still doesn't get warm. Landlord has failed to do annual gas checks. The only service he had done was when he was putting the house up for sale and needed one for the estate agents, the gas man told me the boiler flume is not safe. Someone had filled the gap around the flume with a bag and not filled it in properly, this could have caused dangerous fumes to come inside the house. ( I have lived with that for 3 years without knowing it was not safe) I have the failed gas safety certificate. Myself and my aunt smelt gas on one occasion, landlord wasn't in the area so he sent one of his friends to come and have a look at the boiler who claimed there was nothing wrong. When I moved into the property landlord had left it a mess. Fridge full of food, screws left in walls, dirty curtains up, just stuff everywhere which me and my friend had to deep clean which took us 2 days. Not to mention the garden was like a builders site! Pile high mud which I had to fix!


I tried to make January's rent payment and been made aware he has closed his bank account. I have sent him messages on what's app asking for his up to date details but he has continued to ignore me.

2 weeks ago he came to do a inspection of the property, 1st one in 3 years.
He became quite argumentative with me over my daughters bedroom. She is 12 years old, she has a social worker and attends a behaviour school awaiting a ADHD assessment. She becomes angry easily and has thrown things around her room and broke her plug socket. I have filled in these chips to the walls and sanded them down. My grandad replaced the plug socket and the light fitting for a like to like. Landlord became argumentative again and said only a electrician should be changing these. My grandad wouldn't of touched them if he knew this was case and found out prior if it was okay for him to do so. The door hinge and handle also become lose but the door is years old and rotten so this is only a temporary fix.

He claims he had a proper electrical safety inspection but the guy who he had come round only briefly looked at all the switches without touching them and then spent 30 minutes outside laughing with the landlord.

Other than the issues with my daughters room I have always looked after the property and even touched up the hallway, living room shortly after moving in.

What exactly is your question?

You say you have a court date coming up but you also say that the Section 21 expired.

You give a long list of things that the landlord didn't fix, or fixed badly, or fixed late - but what advice are you seeking regarding this? Do you want to try to stay at the house for longer or not?

You need to be clearer about your aims.

Thanks for the background.
What is the question/query you have?
How do you have a court date?

Hi. I have a court date because landlord has sold house and I can not find anywhere to go. The council have advised me to stay put. My question was how is this likely to stand in court?! With all the all legal things he's failed to do. I don't want to stay in this house as it's not fit for purpose but it's better then being homeless. What is the time line the judge is likely to give me to vacat the property? Taking into consideration all of the above.

The court case will fail if the Section 21 notice has expired. Or are you not telling us everything?

From what you say, it also sounds as though a Section 21 notice would be invalid if the landlord does not have other documents (gas safety etc) that are valid. See the validity flowchart here https://nearlylegal.co.uk/section-21-flowchart/


Almost certainly the house has not been sold (i.e. when contracts have been exchanged and the buyer is now the legal owner).
The landlord has probably just put it on the market and has accepted an offer from a buyer. The sale cannot complete if the landlord is unable to provide the house with vacant possession. If you stay put and the court case fails, then he can't complete.

QuoteI don't want to stay in this house as it's not fit for purpose but it's better then being homeless.

Eventually the Landlord will get his paperwork sorted out and will evict you, so you do need to find somewhere else. Keep talking to the council.


And what's all this about the landlord closing his bank account? Is that really true?

Hi yes sorry I didn't add he gave me a section 8 last month because I'm in arrears. So he gave me section 21 earlier last year it then ran out, I want aware of this put the council told me. He then gave me section 8 when he realised it ran out.

And yes he's closed his bank account! I have messages on my phone via what's app that he's read and ignored. I sent him the screen shot of me trying to pay my rent and it came up with a message saying there's something wrong with these details. I kept trying (these have been his details for 3 years) I called my bank and they tried to make the payment there end, same thing happened and they advised me it's likely he closed his account. Why now after 3 years?! Especially when going through a house sale etc. he's read my messages but continues to ignore me. Story of my life

You need to be able to demonstrate that you have attempted to pay your rent and reduce your arrears.

You need to get the arrears below 2 months by the time of the court case. Is this going to be financially possible got you or not?

Hi thanks for your reply.

I have proof I've tried to pay my rent and a note from
The bank that the believe he's closed his account. I'm not sure wether I can reduce it, plus how am I supposed to pay him when he hasn't given me no new details and continues to ignore me!

There's a leak in the roof which is causing severe mould. It's been like this almost a year every time it rains it gets worse. I wish I could show you a photo. The house is freezing, the front door doesn't shut properly some windows don't shut  enough leaving gaps big enough for cold air to come in. The list is endless. My son never sleeps in his room due to a leak and damp, he's poorly because of it.

I will
Go to court and give a defence with all the evidence I have. In the mean time I will keep trying to find a new property.

I know I'm going to have to leave but should he get away with all of the above .

QuoteThere's a leak in the roof which is causing severe mould. It's been like this almost a year every time it rains it gets worse. I wish I could show you a photo. The house is freezing, the front door doesn't shut properly some windows don't shut  enough leaving gaps big enough for cold air to come in. The list is endless. My son never sleeps in his room due to a leak and damp, he's poorly because of it.

Have you notified the council Environmental Health dept?  Have they been to assess the property?

QuoteI know I'm going to have to leave but should he get away with all of the above

No, he shouldn't get away with providing substandard accommodation, which is why you should have involved Environmental Health a long time ago.

But on the other hand, from the landlord's point of view, you should not be in arrears by £2,500, whatever the reason. How many months rent does £2,500 represent?

2 and a bit months.

And didn't get environmental health involved because he kept saying he would fix it and sort it out but never followed through. In September there was due to be a damp and mould specialist but he cancelled it.

Quote2 and a bit months

Including or excluding the January rent that you attempted to pay?

And were you paying the January rent in full?

And will you be able to pay January and then February if you were given the account details?

Yes I can pay January and February's if he gave me the new  details. 😩

Well this is interesting...

In this thread (i.e here) we have the we have the (alleged) tenant asking what to do about their impending court case from their landlord (section 21 expired, then section 8 ) to evict them when they are just over 2 months in arrears but the landlord has not maintained the property or done gas checks or dealt with the leaky roof, etc.

While over in this thread: https://www.landlordforumproject.co.uk/landlord-advice-help/taking-tenant-to-court-for-rent-arrears-but-failed-to-maintain-property/ we have the (alleged) landlord asking what to do about their impending court case (section 21 expired, then section 8 ) to evict their tenant, who is just over 2 months in arrears but the landlord has not maintained the property or done gas checks or dealt with the leaky roof, etc.


Are these two threads really from the landlord and tenant?

Or is one posing as the other?

Or is someone doing their Landlord & Tenant coursework and posing as both?


Just asking.

Hmm,I think you are onto something here Sherlock.The huge amount of detail and embelishment always makes me wonder.Compare this to the lack of explanation about being unable to find somewhere else to live after 8 months.Maybe they will get back to us.

Report the mold to the Council re Homes Fitness for Habitation Act

Section 21 is void for various reasons, not least that it expired.

If the Property has been sold you become a Tenant of the new owner, you do not have to leave just because the property was sold.  Go to the Land Registry site and buy the title deed to find out who the owner is.  Submit it to the Court to show the person who brought the claim is not entitled as they ceased to be the owner.

Tenants can only be forcefully evicted by bailiffs appointed by the Court after a Court Order. It does not matter what the landlord told the new owner, you are a sitting tenant

I don't think the old landlord can evict you if the property has been sold as they will no longer be your Landlord.

If the landlord was still your landlord then the Section 8 claim can be stopped by paying enough to be £50 less than 2 months rent outstanding INTO COURT, provide the Court with defence and proof you are unable to make payment to the account shown in the Tenancy Agreement plus any evidence you have tried to message the landlord.

What you should REALLY be doing is contacting the Council as someone who is facing homelessness, as you have a kid they owe you a housing duty and should have at least provided you with a Personal Housing Plan.

Visit the Shelter site for the two stages of homelessness

Getting evicted is good for you as it will put you into social housing eventually and that is far cheaper than private rental market.

Check your Landlord has protected the Deposit and served you with the Prescribed Information.

Even though this is not a prerequisite for Section 8 claims, many a Judge will adjourn a Section 8 claim to allow you to bring a counterclaim.

Quote from: Clariss27 on January 20, 2023, 02:21:47 PM

Hi everyone. Mines quite a long read so I thank you I advance. I have struggled some months to pay the full rent so I do owe home £2500. I have a court date now of 21st February. Does anyone have any advice or been in the same situation. Thank you.


Landlord told me he was putting house up for sale in may 2022. I have been applying for properties since may and have viewed numerous properties but with no luck. He gave me a section 21 in may which ended in July. I had been in touch with council who told me stay put. The house got sold and I was informed by the estate agents that the landlord had told them I would be leaving and moving in with my family, I did not agree to this. I got back in touch with council in November who advised me the section 21 had expired now. I made sure the landlord was aware of this.

There has been issues with the property which the landlord failed to sort out. There was a leak in the living room causing damp patch when it rained it got worse, he only fixed this when he knew estate agents would be round to take photos. Even then he only painted over it. There was also a leak from the roof in my sons rooms causing damp on the wall which he did fix but took him months. There is still a water patch which again gets worse with rain. My son has to share with me as was always up coughing if he slept in that room. There is currently a big damp issue in the bathroom which the landlord has been made aware of multiple times, the family who are due to move in had a second viewing and saw this and requested a damp evaluation and for it to be fixed. Then I was told by the estate agent that they no longer needed an evaluation and it would be left. ( I have evidence) so it's ok for me to live with damp and mould?! most of the windows don't shut properly leaving gaps for cold air to come through including the front door. The living room window my curtains move with the wind the gaps that big. I have to have my heating on a lot and the house still doesn't get warm. Landlord has failed to do annual gas checks. The only service he had done was when he was putting the house up for sale and needed one for the estate agents, the gas man told me the boiler flume is not safe. Someone had filled the gap around the flume with a bag and not filled it in properly, this could have caused dangerous fumes to come inside the house. ( I have lived with that for 3 years without knowing it was not safe) I have the failed gas safety certificate. Myself and my aunt smelt gas on one occasion, landlord wasn't in the area so he sent one of his friends to come and have a look at the boiler who claimed there was nothing wrong. When I moved into the property landlord had left it a mess. Fridge full of food, screws left in walls, dirty curtains up, just stuff everywhere which me and my friend had to deep clean which took us 2 days. Not to mention the garden was like a builders site! Pile high mud which I had to fix!


I tried to make January's rent payment and been made aware he has closed his bank account. I have sent him messages on what's app asking for his up to date details but he has continued to ignore me.

2 weeks ago he came to do a inspection of the property, 1st one in 3 years.
He became quite argumentative with me over my daughters bedroom. She is 12 years old, she has a social worker and attends a behaviour school awaiting a ADHD assessment. She becomes angry easily and has thrown things around her room and broke her plug socket. I have filled in these chips to the walls and sanded them down. My grandad replaced the plug socket and the light fitting for a like to like. Landlord became argumentative again and said only a electrician should be changing these. My grandad wouldn't of touched them if he knew this was case and found out prior if it was okay for him to do so. The door hinge and handle also become lose but the door is years old and rotten so this is only a temporary fix.

He claims he had a proper electrical safety inspection but the guy who he had come round only briefly looked at all the switches without touching them and then spent 30 minutes outside laughing with the landlord.

Other than the issues with my daughters room I have always looked after the property and even touched up the hallway, living room shortly after moving in.