It looks like i'm going to be evicted... :-(

princeofpounds

She didn't have to give an explanation just a warning.

The section 21 notice (which is presumably what has been served, nothing else is a valid request to terminate a tenancy except if you seriously default on rent or are in a couple of rare specific situations) IS a warning. You are not evicted until a possession order is granted by the court - the notice just asks you to leave and warns you that she will apply for possession.

I've been told in the letter that to let signs will go up immediately and I will get 24 hours notice before viewings. I've put a very polite letter through her door today asking if we can work something out, if I don't get a reply before the Easter break I will I inform them that I am not permitting viewings due to my treatment.

Take the sign down if you like (just don't damage it or throw it away). And as stated, you can refuse viewings. If they use their keys there it little penalty unless it is repeated harrassment, but you can change the lock barrel temporarily very easily and swap back on departure.

dodger1

G_M wrote: »

When the 2 months is up, she still cannot make you leave without a court order, so you have plenty of time (especially if she's made a mistake on the dates or your deposit is not protected).

However, at the end of the day, if she wants you to leave she CAN make you.

OP, I have no doubt G_M is correct, however if you are evicted through a court order that will be a black mark as far as future LL's are concerned. It's also the same with refusing viewings, all these things will go against you if future agents or LL's take up references. Unfair I know.

*miaomiao*

mustang1 wrote: »

On the viewings point - it may depend on what your contract says. You might be obliged to allow them access for viewings on not less than 24 / 48 hours notice so you might not have a choice.

Hopefully you can work something out with your landlady and sorry you're having a bad time of it lately.

If this exists within your tenancy agreement, it would not matter because it is a (legally) unenforceable clause that is superceded by your right to quiet enjoyment which means that unless there is an emergency (like burst pipes) you do not have to permit access. This same scenario is what allows you to change the locks (the barrel should be enough to change) as long as you put the original one back in when you leave.

BTW, when did your tenancy begin, is it after April 2007 and are you in England or Wales? If so, your tenancy must be protected by law in a tenancy deposit scheme. If it was not, the 2 months notice doesn't apply (a section 21) and I would not tell the LL or agency until the last minute and they will then have to reapply for a Section 21 notice (2 months to leave) after putting your money into a deposit scheme.

Try to find where your deposit is by ringing the three schemes. There is a lot of info on this forum about that.

G_M

mustang1 wrote: »

On the viewings point - it may depend on what your contract says. You might be obliged to allow them access for viewings on not less than 24 / 48 hours notice so you might not have a choice.

A very simplistic comment. There is a detailed discussion here on the relevant law but in brief:

1) the LL has a right of entry in certain circumstances (which may include viewings if the contract specifies).
2) the tenant has an equel right to quiet enjoyment (ie undisturbed) so can deny access
3) Which of these conflicting rights takes priority is a complex legal issue, will vary case by case.
4) LL/tenant law also prohibits 'harassment' which could include forced entry against the tenant's express wishes

A landlord who enters against his tenant's wishes is taking a huge legal risk.

willing2learn_3

Ok i'm exhausted due to only getting 3 hours sleep last night - thanks again, I will respond more specifically tomorrow. I'm pretty certain the section 21 notice has been served correctly but will double check tomorrow. Phoned shelter and they have said pretty much the same as what's said here including that i usually can refuse viewings but do need to check contract. If landlady loses out on getting a tenant due to this then she could charge me - but she's have to win a legal case to get this and it's not easy, but it is possible.

As for needing her for a reference, she should be needing me for a reference for her next tenant! She's been really rude and i've evidence of it as i've kept all her letters.

Exhausted.....ZZZZzzzz

willing2learn_3

by the way pretty certain my tenancy is protected by the tenancy deposit scheme, but to be honest with everything that's happened in the last two years i've not fully made myself aware of what this all means. I know that sounds a bit naive but with everything else going on - and with a landlady that's been hell bent on finding fault, i kind of resigned myself to the idea that i won't get my deposit back anyway.....but i will try my best to, there's no damage to the property....but there is some warping of the kitchen floor which i only noticed in the last 4 weeks....where a previous leak occurred (not my fault, we are agreed on that, it was in piping in the walls)....and of course the famous mould on the windows that, although resolved, will be an issue to her. Also the double glazing window panes, some have misted inside the glass.....i've been told by a window replacer who visited the property that this is not my fault and due to age of the glass....but she is convinced it occurred because she never sees the windows open! (which as i've said would be in breach of contract if i'm out at work and she clearly doesn't walk by at 7am before work when they are open - or 7pm when i get home when they get opened while i cook)

Ok, too tired to talk sensibly, really appreciate all the support!

Turnbull2000

Don't let them in for viewings. Change the locks if you have to, so long as you change them back. Also, report her for harassement if she gives you trouble. You don't owe your landlady any favours.

Turnbull2000

G_M wrote: »

A landlord who enters against his tenant's wishes is taking a huge legal risk.

Do they? I'd have thought the most common outcome from objecting to this practice is an eviction notice, or at least the threat of one.

mustang1

G_M wrote: »

A very simplistic comment. There is a detailed discussion here on the relevant law but in brief:

1) the LL has a right of entry in certain circumstances (which may include viewings if the contract specifies).
2) the tenant has an equel right to quiet enjoyment (ie undisturbed) so can deny access
3) Which of these conflicting rights takes priority is a complex legal issue, will vary case by case.
4) LL/tenant law also prohibits 'harassment' which could include forced entry against the tenant's express wishes

A landlord who enters against his tenant's wishes is taking a huge legal risk.

A simplistic comment based on what I thought was the position from previous experiences - I'm glad to see this isn't the case and wish I'd read these boards many years ago!

rexmedorum

Turnbull2000 wrote: »

Do they? I'd have thought the most common outcome from objecting to this practice is an eviction notice, or at least the threat of one.

well that's renting for you: annoy the landlord & expect a S21 notice on your doormat