Can they really kick us out?

Zelazny

I know the answer to this is probably yes, but I'd appreciate any advice anyone can give.

My wife and I recently moved. We're renting a property in a little place near Croydon. We have a dog and had a bit of trouble finding somewhere where the landlord would accept a dog.

We've been here since the middle of June. We were told that the owner was overseas, and unlikely to return. The rental agreement did have a clause that allows him to come back (I don't have the specifics as I'm currently at work - will check for wording etc tonight).

We've been here over two months now, and have started redecorating (with permission) and purchased a lot of furniture. We thought we would be here for some time, and wanted to really make it into a home. We love the area and the neighbours are great.

Today, my wife has received a call to say that the owner is coming back and they will want us out. I don't have a timescale yet (they will be calling again tomorrow with further details).

We had to take out a loan to be able to afford the estate agents fees to move in the first place - can they really make us move again so fast? Is there anything we can do in mitigation?

I'm also a little worried as the decorating is only halfway done (some walls have been part painted and not yet finished). We've already spent a lot on paint and the like, and I'd rather not spend any more on a place we can't keep - but don't want to lose any deposit because of it.

Anyone have any ideas for us?

(I'd look at buying, but don't have any money for a deposit - our combined incomes total about £42k)

DannyboyMidlands

Only your contract and the discussions with the landlord will tell us the timescale for you having to leave but in principle they can kick you out at the end of the term.

Considering you have a combined income of £42k I can't see why you needed a loan to pay letting agent fees. I think that you need to look at your budgeting and save a deposit to buy a place of your own. You should be able to save at least £15k per year and buy in around 3 years time. In the meantime find the cheapest, grottiest place you can to rent.

Zelazny

DannyboyMidlands wrote: »

Only your contract and the discussions with the landlord will tell us the timescale for you having to leave but in principle they can kick you out at the end of the term.

Considering you have a combined income of £42k I can't see why you needed a loan to pay letting agent fees. I think that you need to look at your budgeting and save a deposit to buy a place of your own. You should be able to save at least £15k per year and buy in around 3 years time. In the meantime find the cheapest, grottiest place you can to rent.

At the end of the term wouldn't be a problem, as we have a 12 month term. They want us out sooner.

Combined income of £42k may sound like a lot, but where we live it doesn't go that far. After tax and NI that's more like £30k take-home, and rent, travel and utilities take more than £16k off of that.

Cheap and grotty doesn't sound good to me, and definitely won't to my wife. Added to which, we have a pup which most cheap and grotty places won't allow :S

DannyboyMidlands

You have to do what you have to do but it's all about priorities. I think it's too easy to say "oh but rent, bills, life is expensive, nobody can save a deposit these days, a puppy arrived from nowhere etc etc". You need to take control.

I used to work in Croydon around 2007/2008 but had a long term desire to buy a house. Instead of renting somewhere nice I rented a room in Wallington for £300pcm including bills. A while later I "upgraded" to a room in Streatham for £475pcm including bills. Transport was no more than about 30 quid a week.

OK, it wasn't the most glamorous 2 years of my life but was a means to an end and I saved a deposit to buy a place of my own. No more landlords!

jjlandlord

Zelazny wrote: »

At the end of the term wouldn't be a problem, as we have a 12 month term. They want us out sooner.

Check you tenancy agreement for the existence of a break clause.
If they are none, then they won't be able to get a possession order before the end of the 12 month term.

Zelazny

jjlandlord wrote: »

Check you tenancy agreement for the existence of a break clause.
If they are none, then they won't be able to get a possession order before the end of the 12 month term.

I'm fairly sure there is one though - will check tonight. I seem to recall mentioning it to the letting agent and being told that it was standard practise, and not likely to be called upon.

If there is a break clause, are there any limits? Do they have to give us a certain amount of notice?

BitterAndTwisted

They will have to serve you with a Section 21 Notice giving you a minimum of two month notice in order to exercise the break clause at six months. It will only be valid if they have protected your deposit in one of the three schemes. If the landlord is truly desperate to regain possession before then you have every right to ask for a financial consideration in return for a surrender of the tenancy. Sounds like that would amount to at least your new agents fees and more.

Yorkie1

Yes, they need to serve what is called a s.21 notice. It has to give you a minimum of 2 months' notice, expiring to coincide with a rental period - or as stipulated in the exact terms of the break clause.

Did you pay a deposit and have you had notice that it has been protected in one of the schemes?

Edit: snap B&T!

jjlandlord

Zelazny wrote: »

If there is a break clause, are there any limits? Do they have to give us a certain amount of notice?

They'd have to serve you a s.21 notice, which must give you 2 month notice before applying to court.

Also, in your first post you mentioned:

The rental agreement did have a clause that allows him to come back (I don't have the specifics as I'm currently at work - will check for wording etc tonight).

If you do have such a clause, I imagine it should be saying that possession might be recovered under section 8, ground 1 (landlord used to live at the property).
Using this clause, I believe they would also need to give you 2 month notice. And as said, afaik, no possession order would be made before the end of the fixed term (if no break clause).

Yorkie1 wrote: »

Yes, they need to serve what is called a s.21 notice. It has to give you a minimum of 2 months' notice, expiring to coincide with a rental period - or as stipulated in the exact terms of the break clause.

A s.21 notice served during the fixed term does not need to expire on a particular date. But indeed the break clause may restrict this.

Zelazny

Thanks all - that's something at least. 2 months isn't ideal, but it's better than nothing.

The deposit was registered with the Deposit Protection Service.

Am I right in reading the above as that they can't ask us to leave before 6 months is up? So we've actually got more like 3.5 months (as we only moved in mid June) rather than just two ?

G_M

No tenant can be made to leave within the first 6 months of an AST except a) for rent arrears etc AND b) with a court order. This right overrides anything written into the tenancy agreement.

If there is no break clause, and the fixed term is 12 months, the same applies - security for 12 months except blah blah....

However sounds like there's a break clause. You need to read the terms of the break clause (usually at or after the 6 month point with 2 months notice....). Post it here once you've checked.