Unlawful behaviour by landlady?

Carabelle78

So, I was recently renting a house. I was there two years. I looked after the place, and reported when I saw things wrong. Sometimes the landlady would, sometimes she wouldn’t. Soon into the tenancy my wife died from cancer, leaving me alone with our 4 year old and two dogs. Admittedly, this led to some difficulties financially (not to mention the rest), which meant on probably a dozen occasions the rent was late. But it was always paid. I felt like something changed when my wife died, like my landlady didn’t want me there. I’d report things and she’d make out I’d neglected something. For the entire two years duration of my tenancy the boiler was never serviced. She blamed covid,  but she never sorted even after everything went back to normal. I know I should’ve pushed this, but I’ve obviously had my hands full, and I also felt bad because I’d often pay the rent late. 

In October last year, out of the blue she sent me an email saying she wanted the house back for personal reasons, and gave me till the end of jan to be out. I asked if it was anything I’d done or not done, and she never replied. Despite all the obstacles, I obliged and moved heaven and earth to be out before Christmas. When she came to check out (and there was nonsense with that) she was very nice (to my face) and said she was selling because she couldn’t afford the mortgage anymore. Today I’ve seen she’s reletting it at the same rent, so ostensibly she’s just personally wanted me out. I feel extremely upset and angry about this. I know it’s all water under the bridge now but I’m just curious if what she’s done is illegal. 

GiantTCR

When she asked you to move out did she give you enough notice as per your rental agreement?

That's the only thing that matters.

TBagpuss

It doesn't sound as though she did anything illegal. Being a wodower isn't a protected characteristic, and there isn't any evidence thatshe wanted you out becasue you are male so no evidence of any sex discrimination.

It's plasuible that she wanted you out becuae you were frequently late paying your rent (albeit for understnadable reasons given your circumstnaces)

It isn't clear whethershe gave you formal notice with a correctly servced notice etc but given that you agreed to leave I am not sure what if anything you could not do about it if she didn't - others may have advice about that. 

If she didn't give you proper notice you weren't under any obligation to mvoe out just becasue she asked you to.

And, while it sounds unlikey, it's also possible that she did originally plan to sell and then changed her mind - her own situatin could have changed, or she might have found a different mortgage deal.

tripled

It doesn't really matter whether she followed the correct process or not, or what the reasons were. She asked you to move out, you did, and so the tenancy is over. It would only have mattered if you still lived there and were defending an attempt to gain possession through the courts, or she had illegally evicted you (using force, changing the locks, etc.).

Carabelle78

We were out of the one year tenancy agreement and just rolling. I guess it’s two months notice, which she did give me. I would never have outstayed my welcome. She wanted it back and that’s her prerogative, but I felt like I was entitled to a bit of honesty. I gave her the point blank opportunity of telling me she was unwilling to take any more rent late but she ignored that. Then she’s relet it at the same rent, so to my eyes it’s purely personal, and I didn’t know if that was legal. I would never have expected special treatment, but it all just feels very underhand - especially since like I say I could have had her done many times over the boiler. 

herebeme

So over two years your rent was late at least half the time? While I sympathise with your situation you signed a legal document saying you would pay rent on a certain day, the person acting illegally here was in fact you. 

on the other hand…if you are in England/Wales

The LL is required to give you:
an annual gas safety certificate
the EPC
fire alarms and carbon monoxide detector 
electrical testing of their appliances
your deposit kept in the DPS 

Did they do this? You could report them if not, should you feel that will give you satisfaction - if there is no GSC, fire alarms or carbon monoxide detector that might even be beneficial to the next tenants. If the LL didn’t use the DPS then there are financial penalties to your advantage. 

Assuming you had either a periodic or a fixed term AST that ended (so was on rolling terms) then 2 months notice is legal. 

Carabelle78

If she was simply unwilling to accept rent late again and that was the reason for her giving notice it would have been appreciated if she had been honest about that, particularly since I had given her the opportunity. Id have still gone quietly, even with the GSC situation. As I say, the way it’s been done has felt underhand. A plumber who looked at the boiler said it was not possible to access safely to certify and that her loft would have to be renovated. I could have shouted about this when I found out. Now I wish I had. But anyway thanks for the replies. I hadn’t wanted to dwell on this and wanted to put it behind me but when I saw the to let sign I just felt sick. 

diystarter7

Hi OP
People do change their minds.
I can appreciate how you feel and hopefully posting about it has helped.
Good luck with everything and please let this go and move on.

Take care

robatwork

Put yourself in the position of a landlord. You have a good tenant who looks after your place and pays their rent in full.

These tenants are the holy grail. Why would you want the hassle and cost of evicting (and lying to achieve that) and then finding a new tenant?

macman

You didn't need to move out at all. Your tenancy was not regularised, and neither did she serve you with a valid S21. 
And it could not have been regularised anyway until she supplied you with a current GSC, the absence of which is a criminal offence.

_Penny_Dreadful

Carabelle78 said:

If she was simply unwilling to accept rent late again and that was the reason for her giving notice it would have been appreciated if she had been honest about that, particularly since I had given her the opportunity. Id have still gone quietly, even with the GSC situation. As I say, the way it’s been done has felt underhand. A plumber who looked at the boiler said it was not possible to access safely to certify and that her loft would have to be renovated. I could have shouted about this when I found out. Now I wish I had. But anyway thanks for the replies. I hadn’t wanted to dwell on this and wanted to put it behind me but when I saw the to let sign I just felt sick. 

Even if your landlord had used a Section 21 notice it is a notice that doesn't require a ground (reason) so whether it's because you persistently paid the rent late or because it was a day with a Y in it, it wouldn't have mattered.  That said your landlord wouldn't have been able to issue a valid Section 21 without a GSC.

Asking you to move out wasn't illegal.  Changing the locks on you would have been an illegal eviction.  Letting the property without a valid GSC is unlawful though.