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Landlord wants to evict me and move back in!

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Comments

  • DaftyDuck
    DaftyDuck Posts: 4,609 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Back home later today, will check this out and report back :beer:

    Why do i think we can already guess the answer .... :)
  • This must have made for an uncomfortable situation for the OP, not saying he "should" do this, but personally (as I don't like drama) I would be looking for a new place regardless and then when found, tell the LL that I need my full deposit back prior to the move in order to pay for the new place. maybe a compromise of 4 weeks grace on the rent to avoid OP additional up front costs, then both parties get want they want.


    Despite all the legal stuff & who is entitled to what, OP knows the tenancy is up in Aug 17 so will have to go eventually. Surely it's better to put aside all the wrongdoing and face the inevitable? A move is going to happen, they are stressful enough as it is, so move things along, secure a deposit return and a good reference.


    Just my opinion.
  • DeborahSt wrote: »
    This must have made for an uncomfortable situation for the OP, not saying he "should" do this, but personally (as I don't like drama) I would be looking for a new place regardless and then when found, tell the LL that I need my full deposit back prior to the move in order to pay for the new place. maybe a compromise of 4 weeks grace on the rent to avoid OP additional up front costs, then both parties get want they want.


    Despite all the legal stuff & who is entitled to what, OP knows the tenancy is up in Aug 17 so will have to go eventually. Surely it's better to put aside all the wrongdoing and face the inevitable? A move is going to happen, they are stressful enough as it is, so move things along, secure a deposit return and a good reference.


    Just my opinion.
    So why bother at all with a contract then?!


    By your logic, all tenants will have to move eventually, so if a LL requires the property back earlier, they should just be allowed to have it.


    The LL gave the OP exclusive occupation until August 2017. If they want it back, they will have to do something that appeases the other side - it is that simple. I am a LL by the way!
  • DeborahSt wrote: »
    Despite all the legal stuff & who is entitled to what, OP knows the tenancy is up in Aug 17 so will have to go eventually. Surely it's better to put aside all the wrongdoing and face the inevitable? A move is going to happen, they are stressful enough as it is, so move things along, secure a deposit return and a good reference.


    Just my opinion.



    The tenancy is not legal- the LL has not protected the deposit and the tenant could wait until after August and see what the landlord does.
    If the LL were to serve a S21 notice this would be invalid as the deposit is not protected. The LL would have to restart the whole process - it could be in to this time next year if the OP decides to put his foot down

    Not forgetting the fact the LL does not have an address to send correspondence in the UK, this (as discussed) may make the tenancy agreement void and send the LL into meltdown
  • m0bov
    m0bov Posts: 2,712 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the tenant sues it could be x4 of the deposit, so maybe use that as a guide when arranging a settlement?
  • So why bother at all with a contract then?!


    By your logic, all tenants will have to move eventually, so if a LL requires the property back earlier, they should just be allowed to have it.


    The LL gave the OP exclusive occupation until August 2017. If they want it back, they will have to do something that appeases the other side - it is that simple. I am a LL by the way!


    It wasn't my logic, as I said - just my opinion.


    I wholeheartedly agree with what you are saying, but the time, effort and angst this is all causing - who needs it? Ok, so the OP stays until the end of the term, the LL procrastinates on deposit return & fudges a reference... who benefits?
    I have been on the pointy end as a tenant, so do feel OP frustration. I do, it totally incensed me. However, isn't there a time to let it just go & move on with your life? Clearly, I'm jaded by my own experiences, but all I can say, is that when the tenancy ends the outcome will be the same. The OP will have to be in a new property after his tenancy ends, so he has 5 months ish to do that & if he starts looking now, he's got time to be picky.


    Yes, I believe the landlord has gone about this in the wrong way, he's not entitled to possession at this stage and has muffed up royally. However, shouldn't the OP be now concentrating on quality of life, rather than this all consuming issue that ultimately ends in a shiny new property in September? (if not before)


    If the tenancy agreement allows for the OP to stay put until end of tenancy & he wants to stay put, then there isn't an issue. he just says "I'll move out at the expiration date of ..." and waits to see what they throw back. Like I said, I just don't like drama. It's exhausting.
  • FBaby
    FBaby Posts: 18,374 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    It sounds like OP is getting some serious self-satisfaction from having a clueless landlord. The more the better!

    That's going to be a serious lesson to that LL, I bet that will be the end of his ever considering renting!
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    DeborahSt wrote: »
    I wholeheartedly agree with what you are saying, but the time, effort and angst this is all causing - who needs it? Ok, so the OP stays until the end of the term, the LL procrastinates on deposit return & fudges a reference... who benefits?
    Seeing as the landlord in this case has royally fudged up everything from deposit protection to gas safety checks to tax, he's in no position to procrastinate on deposit return or refuse a reference.
    OP can potentially benefit greatly from his landlords incompetence.
  • Shall we go the extra mile, and see if the LL has complied with smoke/carbon monoxide detectors in the property?


    My former landlord was in a flat spin to have all these installed by the deadline.


    Gas safety certificates are the first thing I look for in a rented property, (that and decent water pressure) not sure why you'd leave it until 6 months later to find out. But that's just my opinion. I don't like drama.
  • dacouch
    dacouch Posts: 21,636 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DaftyDuck wrote: »
    My guess is they c0cked up the inventory or checkout or deposit or contraception last time, rather than did it out of the goodness of their 'arts.

    To be fair I think it was the Landlord's daughter who messed up the family planning part
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