Landlord Wants Us to Move out so he can rent to a family member

simonmt1981

Hello

I had a very upsetting phone call from my letting agency this morning informing me that my girlfriend and I have to move out of our flat as the landlord wants it back. Upon asking further I was told the landlord wants to rent it to a family member.

Now the Tenancy agreement was due to expire on the 17th of December but we were in the process of renewing it for another 6 months. They have said we can have until the 16th of January if we wish.

This has put us in a very difficult situation financially. Almost exactly the same thing happened to me this time last year (although it was a different landlord and letting agency) as a result of having to move twice in the last year and a half with letting fees deposits etc.

We have no savings for a new deposit or the letting fees we will now have to pay to move again. My girlfriend has only recently found employment after she relocated to move in with me a few months ago and we were just starting to get back on our feet after a very difficult summer.

I have asked for the Landlord's contact details but they are refusing to give them to me as they say as they are managing the property they are the Landlord.

Is there anything we can do? we really like living there and at the moment we have nowhere to go and I have no way of getting the kind of funds its going to cost us to move.

Also if its relevant I have paid the rent over a week early every month since I moved in and have kept the property clean and in good condition.

Pixie5740

Is this in England or Wales?

Assuming it is then you have an AST which means your landlord can issue a Section 21 notice which does not require a ground (reason) for eviction.

A S21 is invalid if:

a) served before/at the same time as the tenancy starts
b) served before deposit has been registered & the deposit's ‘Prescribed Information’ given to the tenant
c) incorrect dates/notice period
d) expiry date is within 1st 6 months of original tenancy
e) Since your tenancy started after 1st Oct 2015:
- served in 1st 4 months
- new tenancy Prescribed Information has not been supplied (EPC, gas report, "how to rent), or
- council has served a repairing enforcement notice on the landlord, following a complaint by a tenant.

If none of those apply to you then you have no defense against a correctly issued Section 21. You will be moving sooner or later.

See Ending/Renewing an AST for further information.

Pixie5740

If you want the landlord's contact details then WRITE to the letting agency requesting them. By law they will have to supply his contact within 21 days.

simonmt1981

Does an email account as a request in writing or do I have to write a physical letter?

G_M

simonmt1981 wrote: »

Hello

I had a very upsetting phone call from my letting agency this morning informing me that my girlfriend and I have to move out of our flat as the landlord wants it back. Upon asking further I was told the landlord wants to rent it to a family member.
you cannot be evicted via a phone call. Thus so far the landlord has no legal right to evict you.

Now the Tenancy agreement was due to expire on the 17th of December but we were in the process of renewing it for another 6 months. They have said we can have until the 16th of January if we wish.
when your fixed term ends on 17 Dec, you can
* renew for 6 months if the LL agrees
* renew till 16 Jan if you both agree
* remain there on a periodic (monthly) tenancy - you cannot be evicted unless the LL follows the correct procedure

.....

We have no savings for a new deposit or the letting fees we will now have to pay to move again. My girlfriend has only recently found employment after she relocated to move in with me a few months ago and we were just starting to get back on our feet after a very difficult summer.
you could ask for financial assistance from the LL in return for leaving without a fuss

I have asked for the Landlord's contact details but they are refusing to give them to me as they say as they are managing the property they are the Landlord.
see Landlord & Tenant Act 1985 section 1.

Is there anything we can do? we really like living there and at the moment we have nowhere to go and I have no way of getting the kind of funds its going to cost us to move.

Also if its relevant I have paid the rent over a week early every month since I moved in and have kept the property clean and in good condition.

No that's not relevant.

There are 2 ways the LL could evict:

1) A Section 21 Notice giving you 2 months (so it would expire 8th January if served tomorrow). Even then you do not have to leave.

2) a Section 8 Notice ground 1 IF a) the LL or his spouse wish to move in AND b) they gave you notice before the tenancy started that this might happen.

G_M

simonmt1981 wrote: »

Does an email account as a request in writing or do I have to write a physical letter?

If the agent accepts the email, fine. They might not. So to be sure, write a letter.

Quote the Act.

G_M

Quizzical_Squirrel wrote: »

You will have to leave eventually.

It sounds like your landlord is just giving you a polite heads up before your written section 21 notice arrives in the post in time for the 17th.

it is already too late for a S21 to take effect on 17th December.

8th Jan is the earliest a S21 could expire (if served tomorow).

simonmt1981

they actually told us there would be a rent increase which we accepted without any complaint on Saturday so I doubt that's the issue

simonmt1981

thanks for the replies, I figured I wouldn't really have a leg to stand on. just really happy living there and having happened to me twice in the last year I really didn't want to move again as things were just starting to settle down.

tlc678910

Hi, tell the landlord if you can't afford to move at the moment and that you will need your deposit back asap to secure a new tenancy. If you are not able to pay a deposit you won't be able to leave when the landlord requires and would need to be evicted.
Tlc

HouseBuyer77

You could say to your LL that you are unable to move due to your financial circumstances.

That doesn't mean they can't issue you an S21 and that they can't force you to leave. Though also say that when you go the council to ask for assistance they will probably advise that you have to stay in your current property until evicted (that is a court order telling you to get out, not expiry of S21) this could take a while. A council may class you as intentionally homeless if you leave without being evicted by a court which is why they would tell you to wait for the court order.

I'd suggest ringing shelter and the council to discuss your options. The LL may be willing to bung you a few hundred quid to get their property back earlier if they realise otherwise they'll need to go to court to get you out.