Landlord wants to evict me and move back in!

GDB2222

That's quite a nasty email from the LL. All the more reason to bring this to a swift conclusion. So, I would email as follows:-

Say that you are happy to sort the tax situation out, but your hands are tied at the moment by the HMRC letter. Attach a copy.

Say that you will deal with his solicitor's letter as and when it arrives.

Also, refer him to the case of Ferguson v British Gas Trading Ltd, and point out that his campaign of harassment is having an effect on you and your wife. Tell him that he must stop the harassment immediately, or you will delete all future emails from him without opening them.

If you are prepared to move out, tell him what your terms are for doing so. Alternatively, tell him that you are not prepared to move out during the fixed term. You need to make a decision.



The S8 notice threat is complete rubbish. They can issue the notice, but it isn't valid during the fixed term. Even if it were, valid, it is two months notice, so that will take you through to mid-April. You would ignore it, so they might commence proceedings shortly after that, and the earliest hearing date they would be likely to get is June. Which is no use to them at all, if the baby is due soon.

Even if you lost the hearing - which is unlikely - the court would make an order giving you a reasonable period to move out, 2-4 weeks. If you ignored that, the LL would have to get court bailiffs (not a private firm) involved. They can have a months-long backlog. You can drag this out until the baby is 6 months old, if you wish, not that it will do you any good.

I wouldn't bother to say this in the email, but YMMV.

GDB2222

I'll just add that neither party needs to get heated over this. It's a business transaction. So, act in a business-like fashion, and hopefully the LL will start to do so, too.

GDB2222

For those interested, the DIL may well be legally entitled to free NHS treatment. The criteria are in this booklet:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496951/Overseas_visitor_hospital_charging_accs.pdf

See chapter 3, starting page 29. She needs to be ordinarily resident. If she intends to take up residence in the UK again, she may satisfy the condition from the moment she steps off the plane.

gettingtheresometime

I had a lot of sympathy for the op initially but as this thread has gone on I've lost that sympathy as it appears he's only interested in sticking in the boot.

Arleen

GDB2222 wrote: »

I'll just add that neither party needs to get heated over this. It's a business transaction. So, act in a business-like fashion, and hopefully the LL will start to do so, too.

Sadly LL made it impossible to deal with it in a business like manner (not saying the OP didn't wind him up slightly, but it's nowhere near an even keel regarding responsibility).

And I will echo what people previously have said, make up terms that work for you, refer them to the LL, include the letter from HMRC and tell him to take the offer or leave it, in which case you will stay until the end of your fixed term. My personal recommendation is to get a wad of cash out of him and run as soon as possible. He seems just plain bonkers nasty.

Oh and change the locks, in case you didn't yet.

fed_up_and_stressed

GDB2222 wrote: »

For those interested, the DIL may well be legally entitled to free NHS treatment. The criteria are in this booklet:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/496951/Overseas_visitor_hospital_charging_accs.pdf

See chapter 3, starting page 29. She needs to be ordinarily resident. If she intends to take up residence in the UK again, she may satisfy the condition from the moment she steps off the plane.

Unlikely though that she would currently meet the criteria of settlement whilst she is living permanently with a spouse abroad and no permanent base to go to in the uk (if the op doesn't move out willingly).

FBaby

(not saying the OP didn't wind him up slightly, but it's nowhere near an even keel regarding responsibility).

Emotions shouldn't get involved in business deals. It's not about who winds up the other most, and therefore deserves more of the downfall.

This matter could have done and sealed by now but OP took his LL attitude as a personal attack and looked at every way to attack back. Now it's war zone with solicitors involved.

I'm with OP's wife, this is getting ridiculous. The outcome was always going to be the same, they would have had to leave the property, it should have gone no further than deciding whether to stay until August with just one sentence reminding the LL why he is legally entitled to stay until then, or accept the deal the LL offered, which was reasonable.

As in most conflicts, there are usually more casualties than winners, even if one ends up with some financial gain, it is rarely worth the emotional scars.

BrassicWoman

I think you ned to dial the drama down; you are going to be moving at some point so I'd get myself sorted to get on with it.

This seems to be turning into a moral vendetta for you, which is almost always a waste of energy, although very entertaining for the audience.

As you can leave essentially whenever you like with no penalty, why not focus on looking for somewhere nicer to move to?

pawlala

I read the first 5 pages of this thread and I was so gripped to find out what the outcome was I had to flick straight to pg18. Imagine my utmost disappointment when I found that it still hasn't been resolved :rotfl:

Guest101

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. - Oh my, ok then, contact the police. This is all civil law. 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. - Ground 1 cannot be served during the fixed term

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

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. - Try rightmove

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

Look it's time to just ignore them, they're making silly little threats with no standing.


You made an offer to leave early. That's it