Help needed

flick24

Hi after some advice i've been living in a flat above a shop for about 4 years when I first found the flat the advert said no children my son was 8 at the time and the landlord agreed to this as he would be at school most of the shop opening times so Ive got on okay he has said a few times about my son running around over the years and I've asked himto keep the noise down though you can expect some noise due to the building type hasnt seemed such a major issue anyway on tuesday my sons school was closed him nad a few friends were throwing snowballs outside one hit a neighbours window also one of my sons friends went on a flat roof above the shop , the neighbour complained to my landlord though has since apologised for this it was just that my buzzer was not working also the lady in the shop complained anyway the next day i received a letter from him saying with regret he wants me to vacate by april 30th I have a shorthold assured tenancy agreement have always paid my rent on time can hedo this?
Also I know he evicted my previous upstairs neighbour and did not give their deposit back......he never put mine in the deposit protection scheme so this only concerns me.

thanks

darren_clarke

he needs a court order to evict you,

teeni

darren_clarke wrote: »

he needs a court order to evict you,

which he will only get if has issued valid notice AND
protected your deposit in a tenancy deposit scheme and provided you with the relevant information within the required timescales.

flick24

teeni wrote: »

which he will only get if has issued valid notice AND
protected your deposit in a tenancy deposit scheme and provided you with the relevant information within the required timescales.

Sorry if this sounds dumb what do you mean by valid notice ?
I know he hasn't used the DPS just gave me a receipt I know from my previous tenancy I should have had paperwork from DPS when it was done, what timescales???

BitterAndTwisted

Valid notice: a Section 21 Notice giving you at least two rental periods notice.

Even if his written notice was a S21 it would not be valid unless your deposit was protected.

Check all three deposit-protection schemes now: DPS, TDS and MyDeposits.

dancingfairy

You need to dig out your contract. What have you signed? Are you in a fixed term contract? or are you on a rolling contract?
He needs to give you at least 2 months notice (assuming you pay your rent monthly) to end on at the end of a rental period.
Best of Luck
df

dimbo61

The relationship with your landlord has broken down after 4 years and he/she is an idiot if they think kids being kids is a good reason to try and evict you and lose a good tenant who pays the rent every month. Has the landlord (LL) increased the rent in the last 4 years ?
Is the flat cheap to rent compared to other flats in the area ?
You need to speak to your LL and see if you can sort this out IF you want to stay ?
Good LL ie maintains the flat, gas safety certificate, repairs etc ?
He can not evict you without first returning the deposit which he/she should have paid into the DPS by LAW! You can claim up to 3X the deposit against the LL.
Because the LL has not protected the deposit they can not evict you for months so carry on paying your normal rent.
Decide if you want to stay ?
Speak to CAB or shelter

flick24

Hi thanks for all your responses it was initially a 6 month contract (shorthold assured) now just rolls on month to month,I did speak to the landlord and asked if he would please reconsider he said no I really dont want to move I'm quite settled here he admits I'm a good tenant reliable always pay my rent on time never been late with it, I have looked a other properties they are slightly more expensive and no where near as good as what I'm in now I really don't want to have to resort to refusing to leave but think I'm going to have to especially over since a petty matter.

flick24

There has been no rent increases, all gas safety etc done.

flick24

letter is dated the 13 march wants me out by april 30th so that wouldn't be avalid notice?

Should I be given my deposit before I leave, could I claim against him for failing to use DP scheme whilst still in the property so I have money to help me find somewhere else I have no money to pay a deposit elsewhere.

BitterAndTwisted

No, you should not be given the deposit back before you leave: that's the landlord's security against damage.

However, under the circs as he cannot legally evict you until he has returned your deposit in full, I would consider using this as a bargaining chip in your negotiations. Depends on how long you want to remain in the property and how at risk you might be of harassment.

Giving you a letter dated 13th of March asking you to leave by the 30th of April cannot be two-rental periods notice, even if the document was worded properly and conformed to the requirement of a Section 21 Notice.

If you're not happy to leave you could wait for him to apply to the court before he finds out that he cannot legally evict you using the current document.