Landord Evicting me

derobe

Hi, I have been in a rented property for about 13 months. The first 12 were on a fixed contract and now this has rolled over to a periodic.

My landlord has sent me a notice in writing "NOTICE REQUIRING POSSESSION OF A PROPERTY IN ENGLAND LET ON AN ASSURED SHORTHOLD TENANCY" saying he wants the property back, no doubt to try and increase the rent.

I have until mid-October to vacate. What are my rights here? Can I stay? In fairness I'm not against leaving however I've just left my job and in the start up stages of a new business/sole trade so getting a new rental could be tricky... if it's going to be difficult for me to find somewhere new I'd rather stay.

anselld

Check the validity here in the first instance ....

   https://markprichard.co.uk/content/documents/180408-Section-21-checker-tool.pdf

If it is valid you will ultimately have to leave.  You can choose to await Court proceedings and Bailiffs after notice has expired which will buy you more time but will probably add to your costs.

Why do you think he just wants to increase the rent?  He could do that without evicting you.  There must be other reasons.  Has this come from an Agent or direct from Landlord?  ( Agents have a habit of evicting tenants soley for their own benefit in fees for finding a new one).

deannagone

See https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process but as advised you will ultimately have to leave if eviction process is followed.  Have you tried contacting the LL?

derobe

I've paid the rent ever so slightly late (talking days) since my 12 months ended (I had a standing order previously).

I've actually made two payments since then. So I've been here 14 months.

It's been signed by the landlords agent however the landlord is the one who's served the notice, as I mentioned the landlord is the owner of the estate agency.

Not sure why he didn't just ask to put the rent up then. I've been an ideal tenant in terms of I'm a single working professional who causes no grief to any of the neighbours. 

Thanks for your advice - I know this is a whole different area but can anyone recommend guides to gaining a new tenancy in my situation (just left job received P45 a few days ago) Started up a new business but don't want to take cash out of it to pay myself with yet ideally. I'm lost here, not sure if it's worth trying to find a private landlord without an agent to negotiate something.

derobe

deannagone said:

See https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process but as advised you will ultimately have to leave if eviction process is followed.  Have you tried contacting the LL?

I've been having a bit of a go at him because of the lack of fridge freezer recently and I've also never had any bins here and he has continually said he'd ordered them with the council but it's just a fob off (been going on for a year). So things have got a bit frosty can only think it's because of that.

marcia_

 Why couldn't you order your own bins as the resident? 

ProDave

Perhaps he wants to sell the property, in which case he needs it vacant?

macman

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.
If he has served you with an S21, then the reason is irrelevant, it's a no fault notice to end the tenancy. Unlikely to be for a rent increase-if he wanted that, he would have asked for one.
Paying your rent late probably hasn't helped your position, why didn't you maintain the standing order?
Finally, is the tenancy regularised? Deposit protected, GSC, EICR, How to Rent booklet etc? If any of these are a fail then the S21 is invalid and will be thrown out by the court.
So, the good news is that you have until maybe May '23 to find other accommodation.

macman

derobe said:

deannagone said:

See https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction/section_21_eviction_process but as advised you will ultimately have to leave if eviction process is followed.  Have you tried contacting the LL?

I've been having a bit of a go at him because of the lack of fridge freezer recently and I've also never had any bins here and he has continually said he'd ordered them with the council but it's just a fob off (been going on for a year). So things have got a bit frosty can only think it's because of that.

If it's an S21 (you haven't stated), then the reason is irrelevant. But late rent is a far more likely reason, even by days. He has to pay his mortgage on time, even if your rent is late.

[Deleted User]

Paid rent late and then you are listing your complaints?!

Like others have said check to see if the notice is compliant with the rules and pay your rent on time.

derobe

macman said:

Firstly, an LL cannot evict you, only you or a court can end the tenancy. You do not have to leave at end of the 8 week notice period, you can legally remain, pay your rent, and wait for him to obtain a possession order, which would take a further 6m+. Then a further month to evict you.
If he has served you with an S21, then the reason is irrelevant, it's a no fault notice to end the tenancy. Unlikely to be for a rent increase-if he wanted that, he would have asked for one.
Paying your rent late probably hasn't helped your position, why didn't you maintain the standing order?
Finally, is the tenancy regularised? Deposit protected, GSC, EICR, How to Rent booklet etc? If any of these are a fail then the S21 is invalid and will be thrown out by the court.
So, the good news is that you have until maybe May '23 to find other accommodation.

Well the standing order ended automatically as I must have had it set for 12 months. So on month one they contacted me to say I hadn’t paid, but if I move on to a periodic tenancy, is there still the same date legally? Since it’s rolling monthly I thought that meant it could be paid at any point during the month to be honest. 

Looks like late payment is the reason then anyway. 

in terms of the other points I’m not sure but I will check on these. I gave a deposit but unsure as to if it’s protected. Don’t think I received any of those other bits, they just gave me the keys! 

Good news in terms of him not being able to evict me anyway.. I’d rather not go to court either. It might be worth speaking to him and seeing if I set a standing order for the date he wants - he will he drop the whole thing. If not, the way I’m feeling I’ll fight him and he can go through what seems like hassle to evict it me. 

What are the potential downsides for me if it goes to court??

thanks.