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Landlord wants more money

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Comments

  • Jm90
    Jm90 Posts: 117 Forumite
    Yes i know, sorry just wanted to make sure.
    I've read the tenancy agreement thoughourly
    Assured shorthold tenancy for 365days.

    Says landlord can only serve notice should we do anything against the rules.

    Or if he plans to use it as his only or main home.

    So i guess, if he should return from abroad he would be able to make us leave before the end of the tenancy.

    Hopefully it wont come to that.

    Anyway thanks for all the advice, and support i really appreciate it.
  • greendoor665
    greendoor665 Posts: 126 Forumite
    First Anniversary First Post
    Jm90 wrote: »
    So i guess, if he should return from abroad he would be able to make us leave before the end of the tenancy.

    No, they cannot make you leave before the fixed term is up on these grounds. This would be a section 8 ground 1 notice but this only applies to an "assured tenancy“. As you have an "assured shorthold tenancy" this doesn't apply. It doesn't matter that they wrote it in the contract, the legislation supersedes it.
  • G_M
    G_M Posts: 51,977 Forumite
    Name Dropper First Anniversary First Post Combo Breaker
    Jm90 wrote: »
    ......

    Or if he plans to use it as his only or main home.

    So i guess, if he should return from abroad he would be able to make us leave before the end of the tenancy.

    ....
    In that eventuality, assuming he used to live there in the past, he could serve you a S8 ground 1 Notice, apply to court, and gain possession.


    See the S8 grounds here:
    Schedule 2 (17 S8 Grounds a LL can use)
  • Jm90
    Jm90 Posts: 117 Forumite
    Yes, he did live in the house in the past.
    Can't see any break clause in the tenancy either.

    Thank you
  • macman
    macman Posts: 53,098 Forumite
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    Will not any legal action to evict the tenant fail anyway, because the LL has failed to supply an EPC at the start of the tenancy?
    No free lunch, and no free laptop ;)
  • Jm90
    Jm90 Posts: 117 Forumite
    I really hope it doesn't come to that... Its not even as if I'm late or won't pay its just i cant afford to pay 2months with 3days notice.
    Argh
    I emailed them back the other day and had no reply, part of me just thinks to pay it but that literally leaves us with nothing to pay other bills.
    :(
  • gingercordial
    gingercordial Posts: 1,681 Forumite
    Name Dropper First Post First Anniversary
    Jm90 wrote: »
    I really hope it doesn't come to that... Its not even as if I'm late or won't pay its just i cant afford to pay 2months with 3days notice.
    Argh
    I emailed them back the other day and had no reply, part of me just thinks to pay it but that literally leaves us with nothing to pay other bills.
    :(

    You don't need to pay it. Your tenancy agreement says you pay monthly, so that is all you need to do. Just because you have paid early in the past doesn't mean you have to do so again. Ignore them!

    "Part of me just thinks to pay it" - No! There is no need at all.
  • lisyloo
    lisyloo Posts: 29,610 Forumite
    Name Dropper First Anniversary First Post
    he could serve you a S8 ground 1 Notice, apply to court, and gain possession.


    Note that EVEN if your landlord had a valid case (which he doesn't) it would take many months to actually get you out.
    To get a court date round my way takes 4 months.
    But he has to serve papers on you correctly in the first place and he/his agent seem incapable of doing that properly.
  • Jm90
    Jm90 Posts: 117 Forumite
    Im going to pay the one months rent.

    Just hope nothing happens now.

    Thanks all.

    Feel like i should email the agents to explain why I'm doing this, but I've not actually done any wrong
  • kazwookie
    kazwookie Posts: 13,840 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Pay one month rent, via a paper trail and / or get a receipt for the rent. end off.
    Breast Cancer Now 2022 100 miles October 100 / 100miles
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    2024 7/28 lbs to go.
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