Need help with landlord trying to end tennancy after 1 month

GtiTory

Hi everyone

I moved into my property on the 1st june,
The property is currently for sale, which i have been made aware of but have agreed to most viewings if given enough time.
Had a couple of issues with the landlord as they left a spare bed in the 2nd bedroom so i havnt been able to get it tidy or organised due to a double bed and mattress in a single bedroom.

After moaning for 3 weeks the bed was then removed.

Today i have turned the bath plug as it opens on a specific mechanism and it broke.
My contract states if anything needs fixing i should contact the landlord
So thats what i did as: 1 itd cost us to repair and 2 the bath panel will crack and she could refuse to give our deposit back.

So i text the landlord. They replied saying it was basic maintenance
I replied saying we have tried to fix it but we could damage it.
Shes now text me advising she is terminating the contract and we have 4 weeks to go.

We have a 6 month contract and i have the physical document with me and i have read it and it literally says we can only be kicked out if we default past 14 days of rent payment.

It says she has to give 2 months notice in the tennancy.

I have tried to call my landlord and no answer, i got another text after i called, advising i have 4 weeks to go.
I tried to call again. No answer.
I text her saying i dont want it to be like this, i just need to have permission to remove the bath panel.
No answer, and now the phone goes to voicemail.

I like where i live. I wish it wasnt for sale but ive had to accept that it is so have accomodated the viewing around my life too as my partner works nights.

Just need clarification on if i should pack my bags or if i have another 5 months here.

Werdnal

You are correct, if you are in a fixed 6 month tenancy, the LL can do nothing to remove you until the end of that term. Even then, she has to give you 2 months formal written notice - not a verbal request over the phone, which is known as an S21 notice. This is notice that the LL will seek possession. In order to seek possession, once the 2 month's notice is up, the LL needs to apply for a court order to end the tenancy. You do not have to leave after the 2 month's notice, as until the court order is issued, your tenancy can continue.

Ignore the LL's protestations and bluff - either they do not have a clue what they are doing, or they are tying to get you to leave because they think you don't!

Did you pay a deposit at the start of the tenancy? If so, did the LL protect it in a scheme and give you the prescribed information from the scheme they used within 30 days of the tenancy starting? If not, then even if they do get their act together and issue you a valid S21 (unlikely as they do not seem to understand the concept of letting at all), they must return the deposit before it will be taken as valid notice should when they apply to court.

As for the plug, can you use a normal rubber bath plug in the plughole for the time being?

You also have not obligation to accept any viewings at all. You can refuse them all, or insist that they are only on days/time to suit you.

Kynthia

Firstly don't worry. You have a contract for six months and can't be given notice to expire before then unless you are owing two months rent. Secondly the only valid notice your landlord can give you is in writing and it should be a section 21 notice. This doesn't mean you have to leave at it's expiry (although if you want a reference it might be a good idea) it just alerts you to the fact the landlord wants possession and is able to apply to the courts for a hearing after the expiry date. The Landlord can only do this if the section 21 is valid, as often the dates are wrong or they haven't protected the deposit.

Stop texting your landlord and don't call them either. You are in a business relationship and need to act officially. Only ever write to them using the address given on your tenancy agreement. Ignore texts from them other than to ask they put it in writing and keep copies of everything sent and received. Write explaining that you are complying with the agreement by informing them of damage/breakages and that you will arrange repair if they don't object. Ignore the texts about moving out. Is your deposit protected?

Ignore the bit in the tenancy agreement about being kicked out after 14 days. It's not how it sounds as they have to send you a section 8 and apply to the courts if you're owing two months rent so you'd have much longer than two weeks.

BitterAndTwisted

Do not contact your landlord by any mans other than IN WRITING from now on. If you have a six month fixed-term tenancy it cannot be ended unless you both reach an agreement.

Your landlord will have to issue you with a Section 21 Notice, informing you that they are seeking to end the tenancy once your fixed-term ends. But that is all it is: a notice. Nothing can get you out of the property bar a possession hearing in court.

In your position I would remind your landlord that you have a fixed-term rental agreement ending on X date and you do not intend to vacate the property before that date.

Wait for a response offering to pay you X amount to agree to an early surrender.

Meanwhile change the barrel of a lock on both the front and back doors to prevent unauthorised entry......

GtiTory

Ok so I don't have to agree to the viewings?!

She took the deposit and the tennancy document states it should be protected but although i requested to have the information to where the deposit sits, i have had no response.

The problem now is her written address on the contract is this address!!

I think i have her address on email to where she lives now.
But do i have the right to change the lock barrel?
And do i now write her a letter?

Thanks for your help! Im a crying wreck at the moment so your help is much appreciated

princeofpounds

You can repair the plug yourself using the procedure outlined in lee Parker vs izzet 1971. Visit shelter's website and look for private lets - repairs and bad conditions. There is a guide there (on a phone so getting link not easy).

The cost is deducted from future rent.

As others have said, forget texting or calling. Write with proof of posting to formally notify them of the disrepair so you have a record. This is crucial to retain your deposit. Keep all texts you receive however.

As for eviction, yes the LL has no idea. You can basically ignore them up until month 4 of your tenancy (as month 6 is likely the earliest anything can happen). But others typing on a proper keyboard can explain that for you.

Kynthia

Don't email her other than to ask for a valid address unless there is a letting agent you can ask! If she hasn't provided you with a valid address, it doesn't have to be where she's living but somewhere she can be communicated with, then you are entitiled to withold rent until she does. Don't communicate about anything else until you get a valid address. Then we can move onto deposit protection, although you could check yourself with the three schemes if it would put your mind at rest.

You are entitiled to change the barrel of the lock as long as you leave it the same as you found it when you move out, same as the rest of the property. You are paying for exclusive possession of the property. Take a look at Shelter's website for information on your rights while renting.

There's no need to be a crying wreck. You have a fixed tenancy for six months so just get strong and realise this isn't a big deal, it's only a text that can't be actioned.

sammyjammy

It sounds as if your landlord may be of the accidental variety. Do you know if your landlord has a mortgage on the property? Is it buy to let or does she have consent to let? Do you get post for her at all?

I really feel for you having to go through this but as has been said you've every right to stay.

Yes you can change the barrel in the locks, just make sure you keep them so that you can replace them when you leave the property. If your landlord doesn't try to access the property without your permission they'll never know will they

G_M

If you have not been given, in writing, an address for the landlord "for the serving of notices" then you do not have to pay rent until it is provided (but then you have repay the rent so keep i aside) - Landlord and Tenant Act 1987

You can only be evicted during the initial 6 months for specifice breaches (ie two months rent arrears), otherwise you are safe. In any event, any eviction notice must be in writing, and only takes effect after a court hearing.

You do not have to allow viewings if you don't want your privacy and home invaded, but it makes sense to allow some, within reason - agree days/times (eg Mondays and wednesdays between 6 and 8 pm) provided you are given advance notice. Put this in writing, or, I guess, as you have no address, use text/email but keep a record of the date and content.

If you do not want viewings in your absence and fear they may happen, change the lock.

You do NOT have to 'tidy/clean the property for viewings. It's your home - live in it how you like.

AlexMac

I'm a landlord (in a small way- 2 local 2-bed flats) but I'm absolutely with you and endorse the above advice. Any decent tenancy agreement will say something like 'you have the right to peaceable occupation' and if it doesn't, it's implied. As your landlord seems an amateur, do check with a letting agent if you went through one, that your deposit is in the legally-obligatory 'Tenant Deposit Protection' scheme. If not, or if there's no paperwork your landlord could be in trouble. And check that they have the other legal 'must-have' while you're at it; a gas safety certificate evidencing an annual check by a 'Gas Safe' contractor. You only need use this stuff if they harass you- but I always find that if I treat my tenants right it rewards me in the long run; they stay forever, don't trash the place and pay rent on time! And when my tenat reported that the handbasin plug push failed with the plug jammed closed- I was round there in pronto to drill it out- and they were happy with a rubber stoopper thereafter.

But, rant over- even if you do change the locks it's a bit cheeky not to co-operate with sale viewings; it's reasonable for your LL to want to sell and it takes months so you will probably be able to stay on on a monthly basis in the unlikely event it sells

BitterAndTwisted

Don't change the whole lock as it will be expensive to replace the old one when you leave the property: just change the BARREL of one of the locks on both the front and back doors.

Your landlord may issue you with a Section 21 Notice but they cannot apply for possession until your six-month fixed-term ends. That's why it's called a FIXED-term.

In any case, your landlord is in danger of their hypothetical Section 21 Notice being invalid as long as they have not protected your deposit in one of the three schemes. You can interrogate the schemes yourself to find out whether it has been protected. See DPS, TDS and MyDeposits websites. I suggest you do this immediately an change the barrels tomorrow. Once you've done both of those you can start warning the landlord about your unwillingness to accept viewings if you are so minded.