Landlord wants to evict me and move back in!

itchyfeet123

MrNiceGuy_007 wrote: »

I just received an email from The Tenancy Deposit Scheme this morning that my deposit has been protected. Is valid 6 months into the tenancy?

My guess is the LL has suddenly done his homework. If you haven't already been negotiating about moving dates, he might have discovered that should you choose to dig your heels in, it could be several months after August before he can get rid of you.

MrNiceGuy_007

GDB2222 wrote: »

What if the landlord or agent does not comply?
A landlord or agent should protect the deposit in an authorised scheme and provide the tenant (and any sponsor) with the prescribed information within 30 days of receiving the deposit. If they don’t do so, then the tenant (or the person who paid the deposit) can take the landlord or agent to court. The court can order the landlord or agent to protect the deposit or repay it to the tenant. The court can also order the landlord or agent to pay the tenant compensation of between one and three times the deposit’s value.
A landlord who has not correctly protected a deposit cannot serve a notice to end the tenancy and regain possession of it under section 21 of the Housing Act 1988. The landlord can only serve such a ‘section 21 notice’ after the deposit has been repaid or after any court case about the deposit has ended.
A landlord who has not given the tenant prescribed information within 30 days must not issue a section 21 notice until the prescribed information has been given. If this takes place more than 30 days after the landlord or agent received the deposit, the tenant can still apply to court for compensation of between one and three times the deposit’s value.

Yes that is what I am thinking. Even thought the deposit has now been protected, it really does not matter, its over 30 days. If anything the LL has just double confirmed the deposit was not protected within 30 days.

I will contact TDS on Monday to see what happens, although it does say in the PDF

"TDS cannot award compensation to tenants if a landlord or agent fails to comply with the
law relating to tenancy deposit protection. This can only be dealt with by the courts."

So I guess the next move should be to contact the courts and have this paid back.

Not sure what the LL's end game is here? Maybe LL thinks now that it is protected, LL will have a better chance of not paying the full sum back?

MrNiceGuy_007

itchyfeet123 wrote: »

My guess is the LL has suddenly done his homework. If you haven't already been negotiating about moving dates, he might have discovered that should you choose to dig your heels in, it could be several months after August before he can get rid of you.

Looks like not enough home work has been done, if anything I think this has made it even worse.

One thing I am unclear about is, does the LL need to serve notice in August, then I have two months to leave or can notice be served two months prior to end of fixed term, making the move out date exactly when he the fixed term ends?

GDB2222

MrNiceGuy_007 wrote: »

Looks like not enough home work has been done, if anything I think this has made it even worse.

One thing I am unclear about is, does the LL need to serve notice in August, then I have two months to leave or can notice be served two months prior to end of fixed term, making the move out date exactly when he the fixed term ends?

S21 can be served during the fixed term, to expire at the end.

If you go to court about the deposit not being protected in time, my understanding is that the court can award 1-3 times the deposit, plus the deposit remains in the protection scheme. As you haven't lost anything and the deposit has now been protected, I assume the award would be at the lowest end of the scale.

My main concern is that the law is there to protect vulnerable tenants, not to enrich tenants of fairly benign but inept landlords - which seems to be your position. If the law gets misused, it may get altered, which would be to the detriment of people who really do need protection.

G_M

I would not rush to court.

You have 3 years from the end of the tenancy to make a claim for the penalty (up to 3 x deposit).

At this stage, your priority should be sort out your future, eg:

* will you move out?
* when will you move out?
* on what terms will you move out?

You are in a strong bargaining position and holding back on court action allows you to use that bargaining posion. Once you start court action (which the LL will realise he'll lose) he will have no reason to negotiate.

silvercar

G_M wrote: »

I would not rush to court.

You have 3 years from the end of the tenancy to make a claim for the penalty (up to 3 x deposit).

At this stage, your priority should be sort out your future, eg:

* will you move out?
* when will you move out?
* on what terms will you move out?

You are in a strong bargaining position and holding back on court action allows you to use that bargaining posion. Once you start court action (which the LL will realise he'll lose) he will have no reason to negotiate.

Other than a section 21 can't be issued if the tenant takes the LL to court, until after the court has ruled. (At least that is my interpretation of the rules according to the link posted above). So if the tenant started court proceedings, for failing to protect within 30 days, a S21 can't be issued until the matter is settled by the court.

MrNiceGuy_007

This just in!

"We have been in touch with the Non Residents Landlord Tax Scheme at HMRC. We read them the contents of your emails regarding your decision on our tax liabilities. To be frank they were astounded. They confirmed that at no point ever would they disclose any personal tax liability with a third party. They had no record of you contacting them re our property. And we were advised to contact the police as your allegations are very serious. We had, of course, complied with all documentation, and they are posting proof to you. This should be with you in the next couple of days. We trust the rent will be paid shortly.

With regard to repossession of our property, we have contacted our solicitor on this matter also, and you will be hearing from them in the next few days. In addition, you will also soon be receiving a Section 8 Ground 1a) b) notice which you will see is mandatory (with 2 months notice) and was itemised in the original contract. This is supported by our solicitor and The National Landlord Association, who we are members of.

With regard to the 'harassment ' issue, this has also been logged with our solicitor.

We didn't want to go down this route but your aggressive emails and threats plus withholding rent for tax purposes and refusal to accept notice has given us no choice. We have a baby arriving and at this point in time will be arriving to no home.

We now suggest you also seek legal advice. At the end of the day, we need our property back for [Wifes] return to the UK and we will be able to gain possession. If you wish to come to an arrangement before the court hearing please let us know."


The harassment part was brought up by me in previous email, due to the relentless emails I have received asking for the property back.

Strange HMRC would say this considering I have the letter below.

HMRC Letter

The Contract

Person_one

MrNiceGuy_007 wrote: »

This just in!

"We have been in touch with the Non Residents Landlord Tax Scheme at HMRC. We read them the contents of your emails regarding your decision on our tax liabilities. To be frank they were astounded. They confirmed that at no point ever would they disclose any personal tax liability with a third party. They had no record of you contacting them re our property. And we were advised to contact the police as your allegations are very serious. We had, of course, complied with all documentation, and they are posting proof to you. This should be with you in the next couple of days. We trust the rent will be paid shortly.

With regard to repossession of our property, we have contacted our solicitor on this matter also, and you will be hearing from them in the next few days. In addition, you will also soon be receiving a Section 8 Ground 1a) b) notice which you will see is mandatory (with 2 months notice) and was itemised in the original contract. This is supported by our solicitor and The National Landlord Association, who we are members of.

With regard to the 'harassment ' issue, this has also been logged with our solicitor.

We didn't want to go down this route but your aggressive emails and threats plus withholding rent for tax purposes and refusal to accept notice has given us no choice. We have a baby arriving and at this point in time will be arriving to no home.

We now suggest you also seek legal advice. At the end of the day, we need our property back for [Wifes] return to the UK and we will be able to gain possession. If you wish to come to an arrangement before the court hearing please let us know."


The harassment part was brought up by me in previous email, due to the relentless emails I have received asking for the property back.

Strange HMRC would say this considering I have the letter below.

HMRC Letter

The Contract

The bolded tells you all you need to know.

He's a bluffer, out of his depth, panicking.

If he had any confidence at all in what he was claiming, if he really thought you were behaving criminally and that he could get you out in 2 months legally, why on earth would he want to 'come to an arrangement'? :rotfl:

Have you made him another offer yet?

Ignore the bluster, just make your offer, safe in the knowledge that he pretty much has to accept it if he wants his house back anytime soon.

Marvel1

The latest email confirms even further hey need to be in UK for free baby delivery lol

MrNiceGuy_007

...also is the reply above further adding to harassment? I must say my partner is becoming very upset and worried over all this.