Landlord wants to evict me and move back in!

MrNiceGuy_007

FBaby wrote: »

He has discovered that he MIGHT need to do so and even if that is the case, that doesn't mean he HAS TO stop paying all the rent. Considering the LL has confirmed that he is coming back to the UK regardless, is threatening to withhold all rent from now on really going to help matters?

There seems to be a big debate on this thread concerning the withholding rent statement made in my response.

Just a polite reminder.

jamesb1983 wrote: »

No rent has been withheld. Not even due for another two weeks, giving the LL plenty of time to provide the correct address. As it stands we have 'over paid' the LL by one month, 20% should have been paid to HMRC.

LL will get rent and property back in good condition

Tax deduction was confirmed by HMRC and are sending further documentation (and the bill) within next 7 days. I will get straight with HMRC first, then start paying LL again. Not really bothered about the notice address... if not provided and I carry on paying rent, it will be more of a problem for LL towards the end of fixed term. At least that's how I see it.

franklee

Clearly the law places importance on the address for service of notices as it allows rent to be withheld if not supplied which as has already been pointed out is a big deal.

Perhaps we should look at why the address is so important. It's so that the tenant can have somewhere official to send important documents to the landlord e.g. serving of notice to leave, notifying the landlord of disrepair and also should it ever become necessary taking the landlord to court. None of these things can be properly done without the address. email may be a useful and quick form of communication but it doesn't constitute good service.

An example. Say the OP finds the property for his onward move just after the tenancy has gone periodic. The OP will need to serve valid notice to leave and failure to do so mean the OP with be liable for another months rent. The landlord can legitimately say he didn't receive the email notice or that email notice isn't allowed for in the tenancy agreement. Thus the OP needs the address for service of notice to ensure his notice is served correctly.

The OP can clear up issue of if the previous letting agent is the service address by writing to ask them - assuming the OP knows which agent that is! Also if not already done so the OP should read his tenancy agreement and all correspondence to check the address isn't there.

MrNiceGuy_007

I received the below on Monday. Quite surprised about LL saying damages to garden. We are only talking a small section of grass. The property was inspected by myself when my friend lived there and I can confirm the oven & fridge was clean! The garage structure was a wooden rack which has enhanced the storage space.

Not that this has anything to do with our tenancy.

# LL Email 1

I have had time to reflect and I understand your need for security. However, we desperately need our home back and we are in a difficult position living abroad and the arrival of a new baby in April with no home for her. As way of compensation we are prepared to offer one months rent plus £400 removals for the property to be vacated by the end of March. This gives you plenty of time to move out and find somewhere else. We would have always been fine with three months notice from yourselves and if you discuss with your friends we were very flexible landlords. We refunded the whole deposit despite damage to our garden and structures erected in our garage without our permission. And the cooker and fridge being left in a terrible state. We will definitely not be renting it out from August anyway so you will have to move then. We are just trying to do the right thing and would be so grateful if you would consider this.
I await your advices.

# Received this one today as I have not responded.

Further to my most recent email I need a response please by the end of the week as this is becoming rather urgent with the baby arriving soon. Hope you feel we have made a generous offer in the circumstances and are able to accept it, if not, we obviously will have a difficult situation on our return. Hope to hear from you by the end of the week.

marliepanda

Damage is damage, no matter how small. Also the garage structure may well enhance the storage for your needs, but they may not want it. They can ask you to take that with you.


It's uk to you what you want to do regarding their financial offer.

MrNiceGuy_007

marliepanda wrote: »

Damage is damage, no matter how small. Also the garage structure may well enhance the storage for your needs, but they may not want it. They can ask you to take that with you.


It's uk to you what you want to do regarding their financial offer.

Yes but we did not erect the structure or damage the grass, so why does this have anything to do with us? Everything stated in that email was from previous tenants

leslieknope

i don't think the LL is saying it's your fault, they're just trying to say that they refunded the last tenant their whole deposit minus those costs, as proof they're reasonable.

honestly it sounds like a good offer and you have a couple of months to find somewhere new. i would take it, try to be as amicable as possible about this to get a reference. either way you're out by august anyway.

ST1991

I would take the offer (personally i would have just accepted their notice, but that's just me and we're all different) and find somewhere else.
There is no longevity in this rental anyway now, so you are better off accepting their offer and finding somewhere you can stay long term.

GDB2222

You have three choices
1. Take the offer
2. Negotiate for more
3. Sit it out until August.

Personally, I'd go for 1 or 2. If negotiating for better terms, try to give a reason, however spurious, rather than simply asking for more.

vqmismatch

Assuming they will pay one months rent and the £400 removals rather than give you March for free if you move out in February say, I'd be tempted to take it. You could try holding out for more but the flexibility to move at a date in that window that suits you without ending up paying rent on two places would appeal.

You could probably string it out and still be there Christmas 2017 but I'm not sure what you would gain from it.

DaftyDuck

I'm a landlord. I don't think that's a remotely good offer. Take it or leave it if you want, and accept you'll (probably) be out (sometime within a few months of) August, but don't think that's an equitable offer.

I take the mention of the previous tenants' deposit to be a vaguely-veiled threat to your own. Certainly, any agreement from me as a tenant would require full and un-deducted deposit returned before the property was vacated.... I'd want full cost of any move (including reference fees, removal costs, any other so-called agent fee), and I'd expect a few months rent, probably three as a minimum.

Which, by the way, would be my starting offer as a landlord, were I putting you in such a position! It'd be my ****up (well, possibly my son-in-law's;):p) that means you are being booted out of your home. It's also obviously hugely advantageous to the LL to get into the house....

Think about that side of things. If you don't help him out, he's got his own referencing to pay, his own six-month minimum rental to pay, a second house move, all those extra costs. You will be saving him that - and more.

But, do as you choose, for your own reasons. You may choose to duck out, particularly if there's a nicer, cheaper property just round the corner.

Me, I'd be playing poker with the halfwit! Enjoying it, too!