Rant about Landlord - being evicted

moneysavinmonkey

hi thanks for further comments overnight guys. just to answer your questions...

Our fixed period tenancy notice started 28 august 2006 and ended 27 February 2007 - it then moved to a statutory/contractural (not sure which but don't think it matters) periodic tenancy.

So assuming that i get written notice shortly, by law the earliest we could be asked to leave would be the 27 november 2007.

But landlady wants us to leave by 31 October as she needs the accomodation urgently for her elderly mother. so far verbal notice only - given on 14 September 2007

Earliest we could realisticlly leave is around 9 November.

We have definately not been served with an earlier section 21. I make a point of never signing anything without reading it and am quite used to legal documents/contracts/forms with my job so don't think she could have slipped it past me!

am going to look at a few properties + sign up with some agents today. so hopefully will get a better idea of what is availble and if i am able to accomodate my landlords request or at least compromise and leave a little earlier without having to move around the time of my exams!

UKJubilee_2

Everyone has given very sound advice about your rights and yes you do have 2 months (immediate family member used to let and had a problem tennant we had to take to court to evict). From your original post you have found somewhere you liked for the 9th Nov. Everyone here seems to have forgotten that both you and the landlord are people and from the sound of it the landlord has ended up in a tight spot and you said till now they had been great.

My suggestion is that you advise the landlord that she has to give you the 2 months legally (in writing) but that you have found somewhere you can go on the 9th Nov and are willing to compromise and leave then (obviously not paying rent after this date). Ensure she knows you are aware she has a problem, and suggest perhaps her mother could stay with her for those 9 days as you are both going to have to compromise to solve the issue.


This would be the amicable approach, if this goes well you could try getting a discount on rent from 1st nov to 9th as you have compromised and helped her out by leaving earlier then you had to by law

coal9011

In any event, if you don't leave the property at the date your landlord requires then your LL will have to obtain a court order (order for possession) and after that a bailiffs warrant to evict you ........... this all takes time (and money)

Gone are the days when a landlord can just kick a tenant out when they wish! (even with a AST tenancy agreement)

Annabee

Why on earth can't the landlady just have her mother living with her for a few weeks?

olly300

Annabee wrote: »

Why on earth can't the landlady just have her mother living with her for a few weeks?

It sounds like this landlady like lots of LLs doesn't know the law, doesn't see BTL as a business and went into it as an "investment."

If she did then she would give her tenants proper legal notice and sort out accommodation for her mother in the meantime. She would also be very nice to her tenants to get them to move out earlier.

A_Nice_Englishman

I can't find the paperwork now, but when I let out the house I had been living in I vaguely remember a clause in the tenancy agreement that allowed me to regain posession in one month if I or a family member needed it to live in.

The agreement was a standard one drawn up by my letting agent. Am I mistaken or was I unwittingly breaking the law?

moneysavinmonkey

Hi,
I hope thats not right.. my landlord did once live in this property as her first home, but it has been tenanted out for some time + had tenants in before us.

Been to see a one properties today but not really suitable. Very little available at the moment. Been around all the letting agents and registered our details though. in Couple viewings on things on monday but I don't really think they will be what we need.... Incidentially all the letting agents said that with the kind of tenancy agreement that we have that the minimum notice periods are one month from the tenants and two months from the landlord.

have yet to speak to my landlord.. might put it off until monday.

olly300

A_Nice_Englishman wrote: »

I can't find the paperwork now, but when I let out the house I had been living in I vaguely remember a clause in the tenancy agreement that allowed me to regain posession in one month if I or a family member needed it to live in.

The agreement was a standard one drawn up by my letting agent. Am I mistaken or was I unwittingly breaking the law?

The only time you can legally gain pocession in a shorter time scale is if you or your family live in the house or the building with the tenant.

Otherwise the tenant will be on a AST unless you can prove otherwise* and you have to give 2 months notice.

*This would mean going to court and as the court process takes so long it's better to give the tenant 2 months notice. In addition if you evict a tenant unfairly depending on how you do the eviction you could face criminal charges.

CB1979_2

simple as the landlady is bluffing you.

bet she doesn't need it for her mum, just wants you out.
she doesn't know the law
nor does her "lawyer"

now if the mother trick is real she'd have her move in with her for 3 weeks rather than break the law, i'm assuming.

as has been said politely point out the relevant legislation, tell her the timeframe and see if you can be the nice people letting her off!

ps I wouldn't actually tell her all this until 28th September though, so theoretically you get until the 27th December
you may find she'd be very accomodating to help you leave earlier than needed, but to YOUR timeframe not hers though.

moneysavinmonkey

As I said i would tell landlady how viewing went, i'm going to send her this text.. does everyone think it is ok??...

Hi ~~~~. Property I went to see on Saturday wasn't really suitable but I have lined up a few more viewings for next week. All the letting agents told me that the legistlation says AST tenants get 2 months notice - so if you could check with you solicitor? In any case we realise you are in a difficult situation with your mum so will do our best - but it is also an awkward time for me as I will be in london for my exams. Will call later this week.


... hmm maybe that's a bit longwinded!