Landlord wants to evict me and move back in!

MrNiceGuy_007

Hello,

I received an email from my landlord stating that they would like to move back into the property.

My tenancy is Assured Shorthold Tenancy of 12 months. The dates are specified on the contract.

We have been in property since beginning of August 2016 and fully up to date with rent. No wrong doings from my side.

What are my rights can we stay until the end?

Thanks

# Link to the tenancy contract
Tenancy Agreement

# Below initial email from landlord.
We hope everything has been going ok with the property up to now.
Regrettably we will have to return back to the UK soon as circumstances have changed. Our son who lives here with us and his wife are expecting a baby at the beginning of April and therefore we have all decided to move back and occupy the property. We therefore wish to serve notice on the tenancy, as per the our rights in the contract.
If it is 90 days that would be 18th April but however we would ideally like the property returned to us by the last week in March I.e. Week commencing 25th March. Obviously if you wished to vacate before that date I.e on 4th March, that would be ok too by us.
That way on our return on 23 rd March we can do the inspection and return the deposit.
So sorry this is bad news but events have changed beyond our control, which I hope you understand.
Please let me know what would work the best for you.


# Notice from LL
Form 3 Notice

Guest101

jamesb1983 wrote: »

Hello,

I received an email from my landlord stating that they would like to move back into the property.

My tenancy is Assured Shorthold Tenancy of 12 months. The dates are specified on the contract. I can provide snippets if required.

We have been in property since beginning of August 2016 and fully upto date with rent. No wrong doings from my side.

I believe Section 21 form cannot be used, leaving Section 8?

What are my rights can we stay until the end?

Thanks

You cant be evicted until august 2017 at the earliest unless there is a break clause.


You can ask him to compensate you for moving early. this would typically involve fees and costs + a sum to pay you out

HouseBuyer77

They can't use Section 21 inside the fixed term.

This website: http://www.propertyinvestmentproject.co.uk/blog/section-8-evicting-tenants/#grounds lists the grounds for Section 8.

I note Ground 1 is "Landlord(s) requires the property back in order to live in it. This ground can only be used if before the tenancy the Landlord had lived in the property as his / her main home."

However it also says

"The court has to look at all the circumstances, including hardship to the tenant or Landlord before deciding whether to make an order."

So it may be this ground only works if the landlord can demonstrate they're suffering significant financial hardship and taking the house back as their main residence is the only solution to whatever financial problems they are having.

Hopefully someone else with more knowledge of ground 1 will be along. Note it only works if the landlord used to use the house as their main residence (i.e. if purpose bought for BTL it doesn't apply)

Other grounds basically revolve around you being a bad tenant (not paying rent, causing major damange, causing major noise/nuisance in the neighbourhood etc).

HouseBuyer77

More ground 1 info here: http://www.landlordlawblog.co.uk/2016/01/27/grounds-for-eviction-ground-1-returning-owner-occupier/

Seems landlord has to give notice that they may seek possession under Ground 1 of Section 8 of the housing act before the tenancy begins.

Check your contract does it say anything abour ground 1 of section 8 of the housing act? Or anything about the landlord taking possession early in order for them to move back in?

MrNiceGuy_007

Thanks for the quick replies, I have a snipping below from the contract.

Termination of Tenancv
50. The Landlord may terminate the tenancy by service on the Tenant of a notice pursuant to any
ground provided under the Act. The Landlord may serve such notice either:
a. to terminate the tenancy at its end date (e.g. a Section 2l notice to quit),
b. to terminate the tenancy where the Tenant has broken or not performed any of his
obligations under this Agreement (e.g. a Section 8 notice of seeking possession), or
c. to terminate the tenancy for any other ground provided in the Act (e.g. landlord is seeking
to live on the property again).

Pixie5740

If there isn't a break clause in your agreement then you cannot (legally) be made to leave before the end of your fixed term unless you breach the contract by not paying the rent for example.

See Ending/Renewing as AST for further information.

However, there is nothing stopping you from negotiating an early surrender with your landlord.

HouseBuyer77

c. to terminate the tenancy for any other ground provided in the Act (e.g. landlord is seeking
to live on the property again).

That may count as notice for ground 1 of section 8.

However ground 1 only works if the landlord used to live there. Do you know if they did? Given you said 'move back' I'd assume they did.

MrNiceGuy_007

We took over the tenancy from a friend as they were moving out.
My friend lived there from 2012 - 25 July 2016, then the landlord came back for couple of weeks until the 4th Aug 2016, then we moved in.

Im guessing the landlord lived in the property prior to my friends in 2012

Guest101

Section 8 of the Housing Act 1988 specifies under Schedule 2, Ground 1, a means of recovering possession of a residential rental property let on an Assured Tenancy (AT) or an Assured Shorthold Tenancy (AST) but this only applies after the fixed-term has ended during the statutory periodic terms. See Housing Act 1988 Schedule 2, Ground 1 and s7(6)(a).
The ground 1 notice is largely redundant for the AST and more appropriate for a Assured Tenancy (AT), not the Assured Shorthold Tenancy, as the section 21 notice does the same thing.

GDB2222

Guest101 wrote: »

Section 8 of the Housing Act 1988 specifies under Schedule 2, Ground 1, a means of recovering possession of a residential rental property let on an Assured Tenancy (AT) or an Assured Shorthold Tenancy (AST) but this only applies after the fixed-term has ended during the statutory periodic terms. See Housing Act 1988 Schedule 2, Ground 1 and s7(6)(a).
The ground 1 notice is largely redundant for the AST and more appropriate for a Assured Tenancy (AT), not the Assured Shorthold Tenancy, as the section 21 notice does the same thing.

I'm sure that's right. There's an advice line run by Shelter, and they have loads of information on their website.

MrNiceGuy_007

Thanks again.

So what do you think the next move is, should I contact a solicitor? One just quoted me £200 p/h!