Landlord Eviction Help?

dr3n

Hi, we are hoping that somebody may be able to offer us some help or advice on our current situation..

To try and keep it short.. Last year we rented a property on a twenty four calendar month agreement through a letting agents. 11 months into this contract we were approached by the landlord who asked us if we wished to buy the property as he could no longer afford to rent it out and and needed to sell as quickly as possible.

Consequently one week later we were served with a section 21 and informed that we had to leave.

Now, just seven weeks after having left the property the landlord has put the house back up for rent (for the same amount that we were paying) and is contesting our deposit on the grounds that he needs to keep a significant part of it in order to redecorate the property for his new tenants.

To say that we feel like we have been kicked in the teeth would be a massive understatement, especially after all of the financial (having to unexpectedly find money for a deposit, credit checks, lorry hire etc) and emotional stress (having to find a new house and move) that we have gone through.

Reading through our tenancy agreement there is a clause included to cover the termination of the contract by the landlord under "special circumstances".. So we are wondering if the above would apply in this instance - and/or if there is anything that we can now do? Do we have a leg to stand on so to speak? Or is there simply nothing that can be done and we just have to accept what has happened?

If anyone can help or offer any advice it would be really appreciated..

Thanks...

theartfullodger

Why did you leave? Any s21 will only be valid at the end of the fixed term (unless being used to execute a break clause).

Even if it were valid, it does not end tenancy nor require you to leave: It merely permits landlord to start legal proceedings (months more..)

Bit late now as you've departed: Sorry.

Dispute the deposit through the scheme it's protected in: (It is protected)?

Next time if you need advice 'phone Shelter, 0808 800 4444 - the housing experts

G_M

1) The landlord asked you to leave early. You agreed, and left. You did not need to but you did. Too late to do anything about this now. Next time, ask for advice before taking action.

2) the deposit. Was it protected in a scheme? Has the landlord given you
a) a breakdown of the costs he wants to withold (eg you damaged the carpet: £X, you broke the cooker £X)?

Read this:


* Deposits: payment, protection and return

leslieknope

he can't keep the deposit to redecorate, unless it's to cover significant damage caused by you. if it's just to update aged decor, he hasn't a leg to stand on. shocking he would even try!

saajan_12

If the agreement allowed notice to be served at that time, you would have had to leave soon. If it wasn't allowed, then you left voluntarily. Either way, it's moot now, though next time make sure you read the lease carefully and post sections here if you don't understand before taking action! There is no recourse on the eviction at this point.

Re deposit, request a breakdown of the deductions and check which relate to actual damages during your tenancy. The LL can't deduct for fair wear and tear or 'redecorating' only to rectify and make good any damages. Then decide how much of the deductions you agree to (if any) and request the balance. If this is not forthcoming within 7-10days, file a claim with the deposit scheme.

Guest101

dr3n wrote: »

Hi, we are hoping that somebody may be able to offer us some help or advice on our current situation..

To try and keep it short.. Last year we rented a property on a twenty four calendar month agreement through a letting agents. 11 months into this contract we were approached by the landlord who asked us if we wished to buy the property as he could no longer afford to rent it out and and needed to sell as quickly as possible.

Consequently one week later we were served with a section 21 and informed that we had to leave. - was there a break clause in your agreement?


Now, just seven weeks after having left the property the landlord has put the house back up for rent (for the same amount that we were paying) and is contesting our deposit on the grounds that he needs to keep a significant part of it in order to redecorate the property for his new tenants. - That's unfortunate

To say that we feel like we have been kicked in the teeth would be a massive understatement, especially after all of the financial (having to unexpectedly find money for a deposit, credit checks, lorry hire etc) and emotional stress (having to find a new house and move) that we have gone through. - You should've come here for advice before leaving

Reading through our tenancy agreement there is a clause included to cover the termination of the contract by the landlord under "special circumstances".. So we are wondering if the above would apply in this instance - and/or if there is anything that we can now do? Do we have a leg to stand on so to speak? Or is there simply nothing that can be done and we just have to accept what has happened? - No, you've left. Your tenancy is finished, you have no recourse

If anyone can help or offer any advice it would be really appreciated..

Thanks...

Legally you don't have any claim (except for the deposit)