We'd like to remind Forumites to please avoid political debate on the Forum... Read More »
PLEASE READ BEFORE POSTING: Hello Forumites! In order to help keep the Forum a useful, safe and friendly place for our users, discussions around non-MoneySaving matters are not permitted per the Forum rules. While we understand that mentioning house prices may sometimes be relevant to a user's specific MoneySaving situation, we ask that you please avoid veering into broad, general debates about the market, the economy and politics, as these can unfortunately lead to abusive or hateful behaviour. Threads that are found to have derailed into wider discussions may be removed. Users who repeatedly disregard this may have their Forum account banned. Please also avoid posting personally identifiable information, including links to your own online property listing which may reveal your address. Thank you for your understanding.
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
Landlord wants to evict me and move back in!
Options
Comments
-
Information is power
The LL has not legally served you a valid notice.
Wait- as any notice that isn't valid is worthless
Has the landlord paid your deposit into a scheme?
If not then they cannot serve notice.
I would keep quiet and wait.
You do not have to leave until a court says so
You can make the landlord follow due process and this can take some time
Why tell him / her all their mistakes so they can correct them?
If they are as useless as they seem it could take until this time next year, or just after August if you feed them info on all their mistakes
You don't divulge all your hand until the end of the game and it isn't anywhere near that yet.baldly going on...0 -
I think personal circustance should not be part of this.
# LLResponse
It specifically included in the agreement that we could terminate it if we require our own home.
We feel that giving you a few months notice is fair as you did not have to pay agents costs to rent our property and you were not vetted by any agent. We rented it on good faith. We hoped you would be able to understand our situation, without trying to make us pay your future rents, and agree to move out with no animosity.
I was advised by several agents prior to you moving in that we had seriously undercharged in the current market but was happy to go with the status quo as a consequence of your friends fantastic tenure.
I really hope we can resolve this asap. We do require our home back and regardless will be serving notice for the summer. We are very distressed following the loss of another [Family Member] and a grandchild on the way and I feel that you will easily be able to find a property in the next few months. I took a risk with yourselves, without taking any references and yet now am being held to ransome which distresses us deeply.
I hope you can try to empathise with our predicament without going down any legal routes and seek another property that meets your needs.
I await urgent response:eek:0 -
This is like pulling teeth. Does your TA have an address for the serving of notices? If yes which country is the address in? I can't tell from looking at your TA because you blacked parts out.
I think your LL is in the wrong but you're not really helping yourself by going in all guns blazing.
Yes, its a PO box in United Arab Emirates :eek::eek:0 -
The best response seems to be no response.
If/when formal notice is served via a S21 or S8, then either
1) do nothing, wait for a court date, then challange the Notice in court (no need for a solicitor), or
2) write back at that point explaining why the Notice is invalid and see what happens
Or
3) write back now:
a) sympathising with the LL's personal circumstances,
b) explaining your own personal circumstances,
c) explaining why the Notice cannot be enforced, and
d) offer a compromise eg if LL compensates you for your extra costs of surrendering the tenancy early, you will agree a mutually agreeable date to end the tenancy once you've found a new property
There are still the outstanding issues
* you may be chased by HMRC for tax since you've (apparantly) been paying an overseas LL directly, without confirmation from HMRC that gross rent can be paid
But whilst this is a risk, I've never actually come across a tenant who got chased by HMRC in practice.
* On the plus side, you could legally stop paying rent as the LL has failed to provide an address for serving notices in Eng/Wales (Landlord and Tenant Act 1987 S48)0 -
Ahh, they're going down the emotional blackmail route. So professional.0
-
jamesb1983 wrote: »I think personal circustance should not be part of this.
It is entirely up to you. At the moment you are the one with the power. If you stay to the end of your fixed term, even then you can make them evict you and buy some more time that way. There's nothing they can do to you in the meantime. If they really want you out they will have to pay you.
You might decide you'll take pity on their sob story, be nice and move anyway, but you are not obliged to do so. From personal experience we moved recently, without making any fuss or insisting on our rights or asking for any costs, as our landlords wanted to move back in to get their kid into the good school nearby. We were rewarded for that kindness by them attempting to claim our entire deposit for a boiler issue that was not caused by us, including demanding we pay for them to have a brand new boiler (we won in full at arbitration :beer:). No good deed goes unpunished... In your circumstances I wouldn't be going anywhere.0 -
The best response seems to be no response.
There is still the outstanding issue
* you may be chased by HMRC for tax since you've (apparantly) been paying an overseas LL directly, without confirmation from HMRC that gross rent can be paid
But whilst this is a risk, I've never actually come across a tenant who got chased by HMRC in practice.
On the plus side, you could legally stop paying rent as the LL has failed to provide an address for serving notices in Eng/Wales (Landlord and Tenant Act 1987S48)
The bank I make payments to are UK based, actually we get stacks of LLs mail... something fishy going on here.
Also will I be liable for deducting TAX?:eek:0 -
jamesb1983 wrote: »The bank I make payments to are UK based, actually we get stacks of LLs mail..
I'd clarify the position with HMRC ASAP. Last thing you want is to be asked for LLs tax after moving and not be able to get the money from them because you've not got a proper address. Although I guess the court might accept serving to the rental property, that doesn't seem ideal.
ETA: "Rent paid by tenants into a non-resident landlord’s UK bank or
building society account is treated as paid direct to the non-resident
landlord."
From: https://www.gov.uk/government/publications/non-resident-landlord-annual-information-return-nrly
The guidance notes, section 6.40 -
jamesb1983 wrote: »I think personal circustance should not be part of this.
# LLResponse
It specifically included in the agreement that we could terminate it if we require our own home.
We feel that giving you a few months notice is fair as you did not have to pay agents costs to rent our property and you were not vetted by any agent. We rented it on good faith. We hoped you would be able to understand our situation, without trying to make us pay your future rents, and agree to move out with no animosity.
I was advised by several agents prior to you moving in that we had seriously undercharged in the current market but was happy to go with the status quo as a consequence of your friends fantastic tenure.
I really hope we can resolve this asap. We do require our home back and regardless will be serving notice for the summer. We are very distressed following the loss of another [Family Member] and a grandchild on the way and I feel that you will easily be able to find a property in the next few months. I took a risk with yourselves, without taking any references and yet now am being held to ransome which distresses us deeply.
I hope you can try to empathise with our predicament without going down any legal routes and seek another property that meets your needs.
I await urgent response
Either don't respond
Or
Dear LL,
You have received my offer,
Kind regards
James0 -
I hope you return the mail as not known!0
This discussion has been closed.
Confirm your email address to Create Threads and Reply

Categories
- All Categories
- 351K Banking & Borrowing
- 253.1K Reduce Debt & Boost Income
- 453.6K Spending & Discounts
- 244K Work, Benefits & Business
- 598.9K Mortgages, Homes & Bills
- 176.9K Life & Family
- 257.3K Travel & Transport
- 1.5M Hobbies & Leisure
- 16.1K Discuss & Feedback
- 37.6K Read-Only Boards