Advice, Legal and Otherwise, Sought....Thanks

CannotFindHelp

Hi

OK, so this is the first time I've posted in this thread, sorry if it needs to go elsewhere but I hoped perhaps you guys could help.

My landlord came to me this evening and said she had split up from her boyfriend. I didn't consider it that big of a deal until she told me that she had been living at his place and that's why they rented the accommodation I am in now.

This accommodation used to be her residence (and she owns all financial control over the property) and the landlord has had to move back into her mother's house as a temporary measure. Although the landlord has stressed she is happy with the current renting arrangement, it has left me worried, because I am unsure as to whether or not I should be looking for a new property.

It's a 2 bedroom flat and I've got 6 months left on my lease at the moment. Legally, as I understand it, she would have to give me 6 months notice - either formally or in writing through the leasing agent - if she wanted me to vacate the premises since there have been no problems with my tenancy and rent has been paid full and upfront every month.

As I understand it, there are two situations that could occur, either the landlady could say she wants to move back into her property and that I need to vacate - or since it's a 2 bedroom - she would move into the other, currently dormant and therefore spare, bedroom and we would co-exist in the flat until other arrangements were made.

Here is what I would like to know

1. Saying that they do not get back together, and my landlord wishes to move back into her property on her own, how much time will I legally have to search for a new flat and how will I have to be informed of this situation by the landlord - that is, will a letter come from my agent or will the landlord be able to just verbally and legally inform me herself
2. If the landlord says she wants to move back into the empty bedroom, can I legally refuse (I am renting the entire property) and if she does move back am I legally entitled to challenge for a reduction in the rent for the change of circumstance (the bedroom may be empty, but I am paying for that space, and now it could be taken away)
3. If I decide to move out of the house on the request of the landlord (in the situation that she asks me to leave as fast as possible), before I legally have to do so and before my lease is up, am I legally entitled to a full return of my deposit and any compensation in order to help me pay the deposit on a new flat and for the inconvenience of moving early.

If the landlord moves back it opens up the question of Utility Bills, all in my name, which will obviously have to be shared or arrangements made should she be using Utilities. There's also the fact I'm in my own place with my own space and this will be intruded upon.

Please don't ask me to ask the landlord out straight, she seems horribly distressed by this breakup, and is not in the right frame of mind. I will give it a week or two before approaching the subject again formally but I just wanted any advice people could give in the event things go badly for me.

Jowo_2

Does your AST has a break-clause? Is the property in England/Wales or Scotland? Did you pay a deposit (and if in England/Wales) was it placed into a Tenancy Deposit scheme? If there is a gas boiler or gas appliances in the property, were you given a gas safety certificate?

Generally a landlord can serve notice to a tenant even when they are in their fixed term (they can even serve it upfront at the very start of the tenancy) but it cannot take effect until the fixed term expires. A landlord generally brings a tenancy to an end up serving 2 months notice, timed to expire with the rental period, or a tenant/landlord can mutually agree an early surrender.

A tenant who has been given a tenancy is entitled to quiet enjoyment of the property on an exclusive basis and therefore the landlord does not have any right to take up occupation during the tenancy.

Landlords generally never give the deposit back to the tenants before they have left the property (its to mitigate against arrears and damage which are sorted out after the tenant has left) and it is up to the tenant to find their own funds for their onward accommodation. There's nothing to stop you from seeking compensation for the early termination of the contract IF you consent to it.

BitterAndTwisted

CannotFindHelp wrote: »

Hi


Here is what I would like to know

1. Saying that they do not get back together, and my landlord wishes to move back into her property on her own, how much time will I legally have to search for a new flat and how will I have to be informed of this situation by the landlord - that is, will a letter come from my agent or will the landlord be able to just verbally and legally inform me herself. Currently it sounds to me like you have a fixed-term agreement and your landlord is not obliged to extend it once it expires. In order to evict you it will be necessary to issue a Section 21 Notice giving you one month's notice. In your place I would anticipate the tenancy ending in six month's time so you should start making plans for your onward move then.
2. If the landlord says she wants to move back into the empty bedroom, can I legally refuse (I am renting the entire property) and if she does move back am I legally entitled to challenge for a reduction in the rent for the change of circumstance (the bedroom may be empty, but I am paying for that space, and now it could be taken away) No-one can move into the property without your express permission, so you are not obliged to agree to your landlady moving in while you have a tenancy agreement.
3. If I decide to move out of the house on the request of the landlord (in the situation that she asks me to leave as fast as possible), before I legally have to do so and before my lease is up, am I legally entitled to a full return of my deposit and any compensation in order to help me pay the deposit on a new flat and for the inconvenience of moving early. You CANNOT be asked to leave the property while you have a valid tenancy agreement. The only way to break this would be by mutual agreement IN WRITING and the only way I would agree to it would be to be offered some financial inducement to do so.

If the landlord moves back it opens up the question of Utility Bills, all in my name, which will obviously have to be shared or arrangements made should she be using Utilities. There's also the fact I'm in my own place with my own space and this will be intruded upon. You don't have to agree to your LL moving in, so any of this would need to be negotiated but only if it suits you.

Please don't ask me to ask the landlord out straight, she seems horribly distressed by this breakup, and is not in the right frame of mind. I will give it a week or two before approaching the subject again formally but I just wanted any advice people could give in the event things go badly for me.

Considering you have another six months left on your rental agreement I would not think about approaching your LL for another few months at the very least. This should give your LL enough time to acquaint themselves with your rights and their obligations.

PLEASE check your rental agreement to ensure that there is no BREAK CLAUSE or you could be in receipt of a Notice To Quit quite soon..

DVardysShadow

CannotFindHelp wrote: »

Here is what I would like to know

....

3. If I decide to move out of the house on the request of the landlord (in the situation that she asks me to leave as fast as possible), before I legally have to do so and before my lease is up, am I legally entitled to a full return of my deposit and any compensation in order to help me pay the deposit on a new flat and for the inconvenience of moving early.

I would say your landlord came to visit you, fishing for the possibility of getting the property back.

You have already received good advice from the other posters. You could consider it something of an opportunity, if she wants her flat back, to leave 'by mutual agreement' with compensation due to you. If you do go down that road, agree it in writing.

CannotFindHelp

Hi, thanks for your answers, just to answer some of your questions

I'm based in England, in the North East, and the rental property was arranged through a rental agency - they were the one's who issued the lease and it's conditions - and the landlady just happened to be the person who showed around the apartment and has obviously come to speak once or twice when collecting old mail for example.

The deposit was taken by the rental agency, and put into a Tenancy Deposit Scheme, which will obviously be kept until the lease is up. This rental agency have nothing to do with the lease - other then the fact that they drew it up - rent would be paid directly to the landlord and it is she who takes responsibilities for all inspections and duties thereafter

To the best of my knowledge there is no break clause, having rechecked the agreement, I cannot see one

BitterAndTwisted

Regardless of who actually drew up the agreement, who you pay your rent to and who physically took your deposit your legal relationship is with the landlord. The agents only ever act as intermediaries on behalf of the landlord.

Good: no break clause, no moving out for six months unless it suits you to come to a formal arrangement with the landlady and you get it in writing. How difficult do you think it would be to find another property of similar quality in the same neighbourhood at a similar rent?

Jowo_2

If you are not comfortable with the landlady visiting to collect her mail, tell her to set up Royal Mail forwarding. It's unprofessional for a landlord to make visits of this nature and there's no legal obligation for you to facilitate this.

G_M

Your fixed term continues for another 6 months? You can continue to live there undisturbed for 6 months.
If the LL wants the property back at the end of 6 months, she has to give you notice at least 2 months before this.
The LL cannot move in to the other bedroom while you are living there.
The LL cannot interfere with your 'quiet enjoyment' of the property while your tenancy continues. Cannot call round unannounced. Cannot collect mail without your permission. Certainly cannot let herself in with her key without your permission (change the locks if she does).

If you agree to move out early at the LL's request, then yes, you will get your deposit back but you MUST get her agreement IN WRITING that the tenancy is to end early or you could continue to be liable for rent. You could also ask her to pay your reasonable costs of moving in return for agreeing to move early. Again, any arrangement you reach should be confirmed in writing.

CannotFindHelp

Jowo wrote: »

It's unprofessional for a landlord to make visits of this nature and there's no legal obligation for you to facilitate this.

Thanks for your advice, first, I just want to address this issue - I do not have any problem with the landlord collecting her mail. She does come and collect it, maybe once every 2 months or something, and it takes all of 5 minutes.

She's very respectful and asks permission first and arranges a time to come around and do this that would mean I am there and would be able to allow her entry and would never ask to visit when I am out. It's also nice to have a good relationship with the landlord because I have rented in places before where I never saw the landlord and that didn't feel right with me.

BitterAndTwisted wrote: »

How difficult do you think it would be to find another property of similar quality in the same neighbourhood at a similar rent?

But in regards to the current situation, I have checked the local area and actually found an apartment I like about 10 minutes down the road and the rent is actually £50 less then my own. I obviously have no fear I need to move out but I've contacted the agency and asked for a speculative viewing. It's always good to have an idea what kind of things are on offer in my price range, and certainly below my price range

G_M

A good relationship between LL and tenant is worth a fortune. Casual agreements on how things work (like your LL and the post) are great.

Posters like Jowo and myself and others however wanted to make you aware of your rights just in case you need/want to enforce them. You did, after all, seek "Advice, Legal and Otherwise".

Whether you choose to enforce your rights or continue a working relationship that works for you is, of course, up to you.

CannotFindHelp

G_M wrote: »

Whether you choose to enforce your rights or continue a working relationship that works for you is, of course, up to you.

Of course, and I do appreciate your advice, I just didn't want anyone to think that I was fearful of her "breaking and entering" when I wasn't around.

Just another update, have actually found there is a break clause in my contract, it is that the landlord must give 2 months notice (no sooner then before the first six months of the tenancy) - in writing - if she wishes to reclaim the property for herself. If I wish to stay, I have to give her 1 months notice, again in writing, and she has to respond in kind with a written conformation of that.

So, that means the landlord will need to contact me in writing and inform me that she wishes to live in the accommodation again and she would like my tenancy to come to an end....so far, however, there has been no verbal, formal or written indication from the landlord that she intends to do this....

I am prepared to give it a few weeks before I approach the subject with her