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Landlord wants to evict me and move back in!

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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...
  • 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:
  • Pixie5740 wrote: »
    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:
  • G_M
    G_M Posts: 51,977 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    edited 18 January 2017 at 9:19PM
    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)
  • fairy_lights
    fairy_lights Posts: 9,220 Forumite
    Ahh, they're going down the emotional blackmail route. So professional.
  • 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.
  • MrNiceGuy_007
    MrNiceGuy_007 Posts: 116 Forumite
    Eighth Anniversary 100 Posts Combo Breaker
    edited 18 January 2017 at 9:24PM
    G_M wrote: »
    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:
  • Rosemary7391
    Rosemary7391 Posts: 2,879 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 18 January 2017 at 9:28PM
    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 6.4
  • Guest101
    Guest101 Posts: 15,764 Forumite
    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

    James
  • m0bov
    m0bov Posts: 2,702 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I hope you return the mail as not known!
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