Updating post from Reddit.
I (20m) moved into a one bedroom early April 2024 and have been living here for nearly a year but over the year issues have arrived mainly over the smell and consumption of weed. Now to be fair when I did move in, I did smoke weed but I cut it out of my life December 2024 and have not picked it up since. The issue arises now as the other tenants complain about a weed smell but it can’t be me as I’ve deep cleaned my entire apartment regularly over the months and haven’t smoked inside or outside or even had friends over that do smoke. Plus I light incense and candles and have the wall mounted room spray. So there is absolutely no possible way it could be my flat, but the one specific other tenant that has a problem with the weed smells is consistently complaining and blaming me about it, even though it’s in no way me, and to add I’m rarely at the property since I’m travelling all over the uk for all different types of opportunities which is backed up by my transaction history and the videos I make on my social media, but now the landlord says it’s me even with this mountain of evidence going against it and I believe this is a retaliatory eviction due to the fact the landlord just fully renovated my bathroom after months of complaints since it was genuinely unusable with many different issues e.g. the floor giving out near the shower basin, the toilet leaking, the shower basin being blocked in the piping, the sink constantly smelling of sewage etc. So I come to ask is there any way to prevent this eviction.
EDIT: People are saying that it’s the incense as that can be confused for the weed smell but that couldn’t possibly be it as this incense I use I acquired from the same neighbour that is complaining about the weed smell, it was a Christmas present that was given between the flats so all of us had incense meaning once again it couldn’t possibly be the smell of weed. Also the last known complaint in the tenant group chat was in March and it was complaining about the smell coming from the floor above mine, the floor which the lady who made the complaint lives on and she specified it wasn’t me whatsoever, or even my floor
UPDATE: The landlord has given me the section 21 and that’s fine, I’ve found a new place and I’m moving out. The reason for this update is for me to ask, isn’t it illegal for the landlord to admit that they purposefully tried to drive me out by falsifying complaints about me. For context, I tried to have a civil discussion with the landlord to try and understand why I was always getting blamed for things even though I was rarely ever at home and everyone knew that, and the landlord laughed and said that they lied about the complaints but they wanted me out anyway so they wanted any reason to get a reaction out of me to serve me the section 21 anyway. And my question is, isn’t that either illegal or just evil?
Your LL doesn't need to provide a reason for eviction via section 21, but you can callange it if you can prove that the LL is evicting you in retaliation to the repairs.
The reason for eviction is not relevant via S21.
> you can callange it if you can prove that the LL is evicting you in retaliation to the repairs
Kinda, this is relevent:
Frustratingly its not as simple as that as steps needed to be followed prior to the eviction as well as HHSRS involvement and court order
Nothing shouts I'm trying to hide the smell of weed more then incense...
I wondered if the neighbour doesn't really know the smell of weed and thinks the incense is a weed smell. Too late now, but I'd have stopped using anything which emits a smell if the neighbours were complaining about a smell.
His landlord wants to roll the dice with a new Tennant in the hopes that they won't do drugs in his property and make constant complaints about the condition of the property thus costing him money.
I kind of can't blame the landlord I don't think you have a leg to stand on and that's even if you really have stopped smoking.
Lol it’s the incense then. Tell the landlord to come and smell ur flat that will prove you haven’t blazed in there
Don't be a nonce and move on.
People relate incense with the smell of jahooti, its probably the incense
Firstly, I want to say, I have instant sympathy for your landlord.
But, that said, can you fight it? Depends.
Have they followed the rules :
As a landlord you can't use s21 if......
"you have not repaid any unlawful fees or deposits that you charged the tenant - read the guidance for landlords on the Tenant Fees Act 2019 You also cannot use a Section 21 notice if you have not given the tenants copies of:
the property’s Energy Performance Certificate the government’s ‘How to rent’ guide a current gas safety certificate for the property, if gas is installed You must have given your tenants the gas safety certificate and the ‘How to rent’ guide before they moved in.
You must have given your tenants a copy of the property’s Energy Performance Certificate before they rented the property "
If they have, then you can't fight it.
Every single thing about your drug use, and whether what the landlord believes is true or not..... is utterly irrelevant to the proceedings legally.
Pretty much this, really drug use will be a breach of tenancy and would have started s8 eviction but doubt a judge will be throwing anyone out for being caught once with weed and that has a hearing for you to defend. Unfortunately s21 still exists and that is the route your landlord has taken so it's very much an eviction unless you can provide evidence that landlord has breached their responsibilities as mentioned in the comment above.
S8 for breach of tenancy would be discretionary and the ll would need to prove the breach to the court. S21 is mandatory so as long as the paperwork is in order, the judge has to grant the eviction and there is nothing the tenant can do to fight it.
Is there anyway that the LL could come to the property when your neighbours smell the ‘weed’? Maybe they could message the LL and if the LL is available they could pop over and you can invite them in for a smell test. It sounds like a bit of faff but if it puts you in the clear then it might be worth the LL making an effort.
Contact Shelter or Citizens advice. If the landlord hasn't got the paperwork in order the section 21 will be invalid.
Im afraid you cannot challenge it. The only option to challenge a section 21 is if the correct documentation wasn’t provided during tenancy sign up (how to rent guide, deposit protection documentation, energy performance certificate and gas certifications. Failing to provide one of these essentially voids the section 21 in court
Sorry, but the way you list all of your different kinds of air fresheners and room fragrances it does kind of sound like you’re still trying to hide the weed smell to me 🤣
Section 21 is no fault eviction, meaning you don’t do anything wrong. They just want you out.
Honestly you know the answer here just learn from it, once you piss people off, they just want you gone, there’s 10 other renters around the corner that wouldn’t piss people off.
Once when I went to the council about eviction, they said they won't help until bailiffs are at the door actually removing you, regardless of Section 21 notice, take that as you will.
Kier Starmer was going to make these illegal, this happened to me last year after 18 and a half years of being a good tenant. Why is this still happening to people ☹️
It's not law yet. Was due July this year now late this year early next and only applies to England as for wales and Scotland it's devolved.