Landlord took full rent and asked me to move out ...?

Felix_the_Foccer

I rented a flat in London from a large private landlord and for the majority of the last twelve months, I have been mainly living in Liverpool due to family circumstances.

On Monday 2nd November, my (advance) months rent was paid in full by standing order.

On Thursday 5th November, the landlord telephoned me basically accusing me of subletting my flat. I assured him I wasn't, but he insisted he wants the keys back by 13th November.

He then emailed me a 'Termination of Tenancy Form' which states "I hereby give notice that I will be vacating the above property on 03.12.09 and will return the keys to the premises by 13.11.09".

Now, in my Tenancy Agreement, I can't see where it is legal for him to do this at all? The agreement states that if there has been any breach at all, then they have to give at least 4 weeks notice in writing before they even think of applying for an occupation order.

I told him they can happily have the flat back, but seeing as he called me only 3 days after my rent was paid in advance in full, then gave me 8 days notice for the keys to be returned, am I entitled to ask him for any of my rent payment back?

I have emptied my flat and have incurred the usual moving chargesand various expenses in doing so (mainly petrol and time).

I tried to return the keys to him in person on 13th November but his office was closed. I also attended his office yesterday to again find it closed.

I still have the flat keys as on both occasions I attended his office, it was closed.

Very grateful for any advice / thoughts...

tek-monkey

Did you sign the Termination of Tenancy Form? Tell him ********, I assume your deposit is protected?

Felix_the_Foccer

I haven't even printed the Termination of Tenancy form off the email.

I'm pretty sure I didn't have to pay a deposit originally either, as far as I recall, I first moved in with them almost 10 years ago and was recommended to them through my then employer.

G_M

The LL is not professional, and is not abiding by the law so:

1) What kind of contract do you have?
6 month contract which became periodic (month by month)? If so, you are entitled to 2 months notice from a rent day.
12 month contract? In which case you are entitled to stay there 12 months

2) Have you signed the Termination of Tenancy Form? or anything else? If so, your agreement to leave over-rides your rights above.

3) If you have NOT signed the Termination of Tenancy Form, you can stay (if you wish). Change the locks and write to the LL saying either 'my contract is until x/x/x date' (if 12 month contract) or ' As a monthly periodic tenant I am entitled to 2 months notice.'

3) Do you actually want to keep the flat, or are you just concerned to get back the rent you've paid? If the latter, hang onto the keys (and change the lock in case the LL has duplicates) and wait till you've spoken to him and received back your rent. Or agreed a new leaving date.

4) Under no circumstances give back the keys till either you have got your rent back, or until the rent paid has expired (ie in another month).

5) Has the LL got a deposit? Is it deposited in a registered scheme? Do not agree to anything or return the keys till you know, and until he's agreed to return it. If he has a deposit but not in a scheme, he's breaking the law and you can claim 3 times the amount of the deposit.

Alex_LS

He has to give you at least two months' notice if he wants you out without going to court. (He still has to go to court if you don't leave after the notice). Pretty much anything else is illegal eviction.

http://england.shelter.org.uk/get_advice/eviction/harassment_and_illegal_eviction/what_counts_as_illegal_eviction

Alex_LS

G_M wrote: »

3) If you have NOT signed the Termination of Tenancy Form, you can stay (if you wish). Change the locks and write to the LL saying either 'my contract is until x/x/x date' (if 12 month contract) or ' As a monthly periodic tenant I am entitled to 2 months notice.'

The LL must still give 2 months' notice if the tenant is within the fixed term. The only time notice need not be given is by the tenant to the landlord when the tenant leaves at the end of the fixed term.

bryanb

G_M wrote: »

The LL is not professional, and is not abiding by the law so:

1) What kind of contract do you have?
6 month contract which became periodic (month by month)? If so, you are entitled to 2 months notice from a rent day.
12 month contract? In which case you are entitled to stay there 12 months

2) Have you signed the Termination of Tenancy Form? or anything else? If so, your agreement to leave over-rides your rights above.

3) If you have NOT signed the Termination of Tenancy Form, you can stay (if you wish). Change the locks and write to the LL saying either 'my contract is until x/x/x date' (if 12 month contract) or ' As a monthly periodic tenant I am entitled to 2 months notice.'

3) Do you actually want to keep the flat, or are you just concerned to get back the rent you've paid? If the latter, hang onto the keys (and change the lock in case the LL has duplicates) and wait till you've spoken to him and received back your rent. Or agreed a new leaving date.

4) Under no circumstances give back the keys till either you have got your rent back, or until the rent paid has expired (ie in another month).

5) Has the LL got a deposit? Is it deposited in a registered scheme? Do not agree to anything or return the keys till you know, and until he's agreed to return it. If he has a deposit but not in a scheme, he's breaking the law and you can claim 3 times the amount of the deposit.

Not sure what applies here, OP has been a tenant 10 yrs

maninthestreet

Why did you move out of the flat before seeking any help or guidance as to what you should do in response to his attempt to illegally evict you???

G_M

Felix_the_Foccer wrote: »

I haven't even printed the Termination of Tenancy form off the email.

I'm pretty sure I didn't have to pay a deposit originally either, as far as I recall, I first moved in with them almost 10 years ago and was recommended to them through my then employer.

Ah! sorry. If you've been there that long, it predates the deposit registration law so he did NOT have to register it.

But you still have rights to notice, and possibly even greater rights depending what kind of contract you have.

Felix_the_Foccer

G_M wrote: »

The LL is not professional, and is not abiding by the law so:

1) What kind of contract do you have?
6 month contract which became periodic (month by month)? If so, you are entitled to 2 months notice from a rent day.
12 month contract? In which case you are entitled to stay there 12 months

When I first moved in with the landlord in 2000, I had an Assured Tenancy Agreement, and now as I have moved flats with them in the meantime, I think it's an Assured Shorthold Tenancy Agreement.

G_M wrote: »

2) Have you signed the Termination of Tenancy Form? or anything else? If so, your agreement to leave over-rides your rights above.

Nope, I haven't signed his Termination of Tenancy Form.

G_M wrote: »

3) Do you actually want to keep the flat, or are you just concerned to get back the rent you've paid? If the latter, hang onto the keys (and change the lock in case the LL has duplicates) and wait till you've spoken to him and received back your rent. Or agreed a new leaving date.

He can gladly have the flat back after the way he has behaved, all I want is my rent back which I have paid in advance.

G_M wrote: »

5) Has the LL got a deposit? Is it deposited in a registered scheme? Do not agree to anything or return the keys till you know, and until he's agreed to return it. If he has a deposit but not in a scheme, he's breaking the law and you can claim 3 times the amount of the deposit.

I'm prety sure there was no deposit, but what you say makes great sense, so I will definitley look into it.

Very many thanks G-M (and all) :beer:

Alex_LS

Felix_the_Foccer wrote: »

When I first moved in with the landlord in 2000, I had an Assured Tenancy Agreement, and now as I have moved flats with them in the meantime, I think it's an Assured Shorthold Tenancy Agreement.

Ah! The important date is that of your *latest* agreement. All previous agreements are irrelevant.