Landlord wants to evict me and move back in!

HouseBuyer77

Well from what the solicitor OP contacted said we're fairly certain landlord doesn't have a leg to stand on here. As such this just becomes a war of words until the landlord attempts to start evicition proceedures (at which point they'll hit a brick wall, assuming we and the solicitor OP contacted are corect).

I'd send back a response along the lines of 'Are planning to evict under Ground 1 of Section 8 of the housing act, which clause 50 section C indirectly references? If so you will note that this ground can only be used after the end of the fixed term [add a quote or two from the relevant bits of the act, links and stuff quoted here will help]. I do not believe you have any grounds for eviction before the end of the fixed term. What section and ground of the housing act do you plan to invoke?'

Guest101

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."

Dear LL,

I look forward to hearing from your legal representatives

Kind regards

James

HouseBuyer77

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

The point of the solicitors letter is to persuade them they're wrong. However if they are wrong (and we seem fairly certain they are) you don't need one to prevent them from doing anything. So probably a waste of money (you won't be able to claim back from the landlord).

Give shelter a call, see if the confirm with what they're saying. Then you have someone semi-'official' to cite when you say they can't kick you out early.

Guest101

FBaby wrote: »

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.

Totally agree ( and glad we agree )

Pixie5740

Why respond at all? I would do nothing and see if the landlord formally issued any notice before responding any further.

FBaby

Guest101 wrote: »

Totally agree ( and glad we agree )

Only on this occasion

Miss_Samantha

In fairness, it is not unreasonable to interpret the clause quoted by OP as a break clause.

Guest101

FBaby wrote: »

Only on this occasion

It's just the start, welcome to the dark side!

In the meantime OP, consider changing the locks, amateurs like this might think that squatting laws apply and try to illegally evict

Guest101

Miss_Samantha wrote: »

In fairness, it is not unreasonable to interpret the clause quoted by OP as a break clause.

Even you know that your stretching it. The law doesn't provide for a statutory break clause and each element of s.50 of the TA reference 'the act'

Pixie5740

Out of interest where is the address for the serving of notices in your TA? England or Wales?

Where/who do you pay the rent to?