Landlord wants to evict me and move back in!

Out,_Vile_Jelly

I liked to mention that I get free legal advice from my employer (a top rated university), which used to put the wind up letting agents and their vaguely-legal sounding bluster.

Even though you are well within your rights to stay put until the end of your fixed term, I can understand it's unsettling being in this position. I would advise collating all property-related paperwork, keep copies somewhere separate, and copies of all communication going forward. Keep communication succinct and polite (run it past here first if you like). You're the professional; they are the bumbling amateurs who don't even know how to serve notice correctly.

HouseBuyer77

Provided that it's exercised correctly, of course, which it probably hasn't been here

It can only be exercised outside the fixed term. I regret bringing it up. I always associate section 8 with ways to evict before the fixed term has ended and forgot it also has grounds for eviction that only work after the fixed term. These exist for things like assured tenancies and don't make much sense for AST.

Guest101

HouseBuyer77 wrote: »

It can only be exercised outside the fixed term. I regret bringing it up. I always associate section 8 with ways to evict before the fixed term has ended and forgot it also has grounds for eviction that only work after the fixed term. These exist for things like assured tenancies and don't make much sense for AST.

Its worth bringing up, even if to discount it as a possibility.


at present it has it's uses as s.21 can be defended In a number of ways, whereas s.1 g.1 is a mandatory possession order

GDB2222

jamesb1983 wrote: »

Before I remembered about this great site! I contacted three solicitors this morning, one of them have just come back to me.

"I think you need to come in and see me.
From the tenancy agreement they appear to give you notice under Clause 50.3
There are issues with whether that constitutes Notice of the relevant Ground of Part 1 of Schedule 2 of the Housing Act 1988.
If it does then there is an issue with whether the Notice was given prior to you entering into the tenancy.
And thirdly the Housing Act prevents the court from granting a possession order on that ground during the fixed term of the tenancy.
You may be able to persuade the landlord to “buy you out” of the tenancy – it really depends on how much they want the house back.
Please contact me if you wish to make an appointment."

That's actually very helpful, considering that it's free advice. If your landlord does not back down, it may be a good idea to get this solicitor to write to the LL on your behalf. Better to hit this on the head now than let it drag on, and it's unlikely to be very costly.

ST1991

Although all above is good advice - remember to be polite through these initial stages. Especially as you may find yourself needing a reference from the LL for your next property!

Guest101

ST1991 wrote: »

Although all above is good advice - remember to be polite through these initial stages. Especially as you may find yourself needing a reference from the LL for your next property!

Good point make sure a perfect reference is part of the deal

MrNiceGuy_007

Ding Ding... Round 2..

Here is a link to the sanitized tenancy contract
https://drive.google.com/open?id=0B9AA3gDqhbQ0T0psSFRjSi1jc0E

Email from landlord:

"As previously stated I am so sorry about this but it is a family situation and as such, must come first. Can I draw your attention to Clause 50 Section c, where the landlord may terminate the tenancy if they are seeking to move back in the property. Having checked this out we are fully entitled, without paying compensation, to terminate the contract if we wish to live in our home, it was never part of our original plan to return so soon but with a new baby arriving very soon it is imperative that we have the property returned to us."

GDB2222

jamesb1983 wrote: »

Ding Ding... Round 2..

Email from landlord:

"As previously stated I am so sorry about this but it is a family situation and as such, must come first. Can I draw your attention to Clause 50 Section c, where the landlord may terminate the tenancy if they are seeking to move back in the property. Having checked this out we are fully entitled, without paying compensation, to terminate the contract if we wish to live in our home, it was never part of our original plan to return so soon but with a new baby arriving very soon it is imperative that we have the property returned to us."

You have a choice here:

1. You can argue this out yourself and get very stressed. Put simply, the LL won't believe you about the contract.
2. You can follow my advice above. "If your landlord does not back down, it may be a good idea to get this solicitor to write to the LL on your behalf. Better to hit this on the head now than let it drag on, and it's unlikely to be very costly."

Check the cost of a solicitor's letter - probably under £100.

FBaby

This Landlord is getting on my nerves. Who cares about his personal circumstances. Why should you make your life and that of your family stressful because of his circumstances that have nothing to do with you.

Honestly, LL like this really annoy me with their sense of entitlement over their property. I don't normally agree with Guest, but even the most amateur of landlords know that fixed term means fixed term.

Frankly, I would stop engaging with him beyond saying that unfortunately for him, he is wrong and that you intend on staying until the end of the fixed term as per the contract and that you are sorry if that's an inconvenience to him, but that won't be more of an inconvenience for him than it would be for you to moving at this time.

MrNiceGuy_007

GDB2222 wrote: »

You have a choice here:

1. You can argue this out yourself and get very stressed. Put simply, the LL won't believe you about the contract.
2. You can follow my advice above. "If your landlord does not back down, it may be a good idea to get this solicitor to write to the LL on your behalf. Better to hit this on the head now than let it drag on, and it's unlikely to be very costly."

Check the cost of a solicitor's letter - probably under £100.

I will thanks. What will be in the letter, I cannot be evicted? Also will I get the £100 back from the landlord?