Landlord said Id be evicted at the end of 6months only 5 weeks in to tenancy. Help!

winnie85

Hello, hoping for some guidance.

I moved into a rented property under an assured shorthold 6 month tenancy. It was done directly between myself and landlord with assured contract that she provided.
2 weeks in to the tenancy I realise how tricky this tenancy was about to be with her incessantly calling and emailng me about wether I have registered for the bills ( which i had and told her yes). Im not sure if she was clinically paranoid but despite assuring her she was hell bent that i was not paying up. No grounds for this at all. I thought it was bizarre. Then within the 2nd week she calls me non stop hassling me about a gas man that has to come round. This turned out to be the gas safety certificate guy that was supposed to have been done before i moved in, but didnt mention it untill she called me so many times I got wound up and abuptly told her that I dont appreciate being hassled so negatively for bills that I am paying and furthermore for appointment that she should have done before i moved in. ( all the same let him in eventually at convenient time).
5 weeks into the tenancy she declared she would not be continuing tenancy after 6 months contract! (verbally we agreed to a long tenancy of a few years intention) so this came as a shock. I had paid all bills and all rent on time, even had the 2nd month rent paid early. Now however I was sure of how difficult and disruptive this tenancy was going to be and on the grounds that she would kick me out 5 months down the line I said I would just rather move out immediately as I want to find a place to settle in, as a secure and stable home is imoprtant to me! I stated clearly that this was in reply to her intention to evict me. Who wants to move in somewhere and after 5 weeks know that your gonna have to move again. I already has the boxes packed so thought may aswell just go.
I did eventually move out but it took nearly 3 months. Now she is witholding my deposit and her flat (where my tenancy was ) is for sale. Im now sure that her whole intention was to fool me into a tenancy and then lock me into a contract so that her bills were paid while she put the place on the market. Im still fighting her for my deposit.
Are there any serious grounds for legal case here? For threatening eviction without cauuse? or without correct procedure? Or for deception?
Im feel so duped by this whole thing and its caused me financial ruin moving house twice ( 3 including where i came from) in 4 months! I can add as much info as you need if anyone has wisdom on these things.
Thankyou kindly
Winnie

winnie85

sorry for the typos! Many. Passionately slamming my keyboard keys to get the message across!

libf

You had a six month contract. If you chose to leave early, without the landlord agreeing to early termination, then you are liable for the full 6 months rent. If that why she is holding on to the deposit? Or is she claiming damage?

And as the contract was for 6 months, they landlord was perfectly within her rights to let you know that she would be terminating at that point.

Pixie5740

If you have an AST landlords don't need a reason to evict you, they can just issue a Section 21 and follow the due process.

Unless you've agreed an early surrender with your landlord then you are liable for the rent up to the end of your contract. You didn't have to move out. I understand she was being a PITA but a politely worded letter telling her to back off and blocking her phone number would have left you in relative peace until you saw your contract out.

So what exactly was agreed between the two of you when you moved out? Anything at all?

[Deleted User]

So you had signed for 6 months, and left after 4.

Did your landlady agree to end the contract early?

cloo

Winnie, sorry you've had this horrible experience.

If I recall correctly case law has established that a deposit should not be held in lieu of unpaid rent (I might be wrong), although as you haven't seen out the 6 months you are still officially liable for the last two months' rent if you haven't paid up.


TBH, I suspect neither amount of money is worth either of you going to court about and I hope that she takes it no further, but you may have to give up on the deposit.
It should have been protected in a scheme and I assume you can appeal to the deposit holders if something has gone wrong.

jbainbridge

Was the deposit protected?

mrginge

cloo wrote: »

If I recall correctly case law has established that a deposit should not be held in lieu of unpaid rent (I might be wrong)

A major claim like this needs to be backed up. I cannot find any info or evidence to support it.

macman

Failure to supply a valid GSC at the start of the tenancy (not several weeks after you occupy) is an extremely serious criminal offence which can result in an unlimited fine or a prison sentence. Perhaps you could point this out to your LL, it might persuade her to co-operate.
As above, was the deposit not protected, and if not on what basis is she witholding it, since you do not appear to have given formal notice?

winnie85

Wow. I have not used this forum before but am thrilled at the amount of guidance already offered.
So to back story here. When the landlord declared her threat to evict me at the end of the 6 months, I just said id rather go now then as im only 5 weeks in and I dread to have to move again after settling 5 months later. I made it as clear as possible that i was deeply shocked and frustrated of this term, but ive never actually recovered the full reason for her action on this other than her own squibbling bizarre attitude. ( the only instance I can think of for a reason is for asking if I can change my rental due date to the 1st of each month instead of mid month to help my bill flow. So I would have paid extra one month to take it up to the 1st and then go from there etc etc…not at all demand of the century, and if anything Id be putting my self on the line there more than she would have been in this case. The only thing that was replied is that she would grant and agree to early termination, and then she waited for me to move out again as soon as i found somewhere. So in that respect im not liable for any contracted rent for the whole period. She emailed me with the acknowledgement of early termination which I assume has legal standing, and ive reminded her a number of times in conversation that the reason is because im being made unwelcome more than im just surrendering. (Which i felt needed to be clear).
Even though i was bullied out ive not given the whole situation much thought untill now it comes to finalising and wanting my deposit but she says shes holding it for proof of bills being paid which I have sent her receipt for, but she says there not the correct ones ( as its screenshots from bank transfers and authorization codes). Now looking back at the whole thing which was strung out over this summer 15, im starting to reflect in absolute rage and feel like just ordering her into country court for demand of my deposit, and also feel like suing her for so much stress and disruption for her deceptive deal. But Im not sure if because i left on my own accord ( though bullied out from feeling unwelcome) I may have lost a case by being so complaint??
Thanks

winnie85

Deposit it held with deposit protection scheme.