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Landlord wants to evict me and move back in!

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  • Guest101
    Guest101 Posts: 15,764 Forumite
    jamesb1983 wrote: »
    Thanks again.

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

    What for??


    Reply saying


    "Dear X,


    thanks for your email, when are you looking to move back in?


    Many thanks"
  • Pixie5740
    Pixie5740 Posts: 14,515 Forumite
    10,000 Posts Eighth Anniversary Name Dropper Photogenic
    jamesb1983 wrote: »
    Thanks again.

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

    Why would you need a solicitor? All your landlord has done is sent you an email not formally issued (in the post) you with either a Section 21 or Section 8 notice.

    Did you read the Ending/Renewing an AST link I provided you with earlier?
  • Guest101 wrote: »
    What for??


    Reply saying


    "Dear X,


    thanks for your email, when are you looking to move back in?


    Many thanks"

    Thought I might need a solicitor to cross the t's and dot the i's

    They are looking to move back in end of March.

    Below 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.
    :eek:
  • Rambosmum
    Rambosmum Posts: 2,447 Forumite
    Part of the Furniture 1,000 Posts
    jamesb1983 wrote: »
    Thought I might need a solicitor to cross the t's and dot the i's

    They are looking to move back in end of March.

    Below 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.

    Well that isn't proper notice. He needs to do it properly for it to stand up.
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jamesb1983 wrote: »
    Thought I might need a solicitor to cross the t's and dot the i's

    They are looking to move back in end of March.

    Below 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.

    Dear LL,

    Thank you for your email. I'm sorry to hear that things haven't worked out for you.

    Please could you supply me with your buy out offer for the contract.

    Many thanks

    James
  • MrNiceGuy_007
    MrNiceGuy_007 Posts: 116 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    edited 20 January 2017 at 12:03PM
    Here is a link to the sanitized tenancy contract
    https://drive.google.com/open?id=0B9AA3gDqhbQ0T0psSFRjSi1jc0E
    :eek:
  • 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.

    Aha, this had passed me by, thanks for pointing it out.

    OP - Ignore my previous posts, Landlord cannot evict before fixed term unless you do something bad (rent arrears, damage etc).

    Though this bit puzzles me:
    We therefore wish to serve notice on the tenancy, as per the our rights in the contract.

    May indicate there's a break clause they're attemping to use.

    May also mean they think you're on the same tenancy that your friend was originally granted (the fixed term being long over), which you almost certainly aren't (unless you are currently paying rent to your friend who in turn pays them).
  • Guest101
    Guest101 Posts: 15,764 Forumite
    jamesb1983 wrote: »
    Here is a link to the sanitized tenancy contract
    https://drive.google.com/open?id=0B9AA3gDqhbQ0TXl6ZTNkbjZHVkE

    Will read in full in a minute, but immediately saw the no guest beyond a week clause and no other person and thought- cheeky landlord, don't even accept payment just stay put.
  • Phone Shelter, you don't need a solicitor at this point.

    The only way they can get you out is by court order and getting bailiffs in. That can only happen after the end of the fixed term period.

    The LL doesn't know what he's doing, the clause re grounds 1 is very vague and I suspecty will be viewed as an unfair term. Not much point in giving you a fixed term if a LL can turn round at any point and say 'oi! I want the house back'. Nothing will happen to the pregnant lady that can't happen in their own rental property (they can't prove undue suffering).
  • Guest101 wrote: »
    Dear LL,

    Thank you for your email. I'm sorry to hear that things haven't worked out for you.

    Please could you supply me with your buy out offer for the contract.

    Many thanks

    James


    lol this amused me, thanks :rotfl:
    :eek:
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