Revenge Eviction?

[charlieparlie]

My family and I (2 adults 2 children) have been in our rented property for a year now.

we have 3 monthly inspections and on our last in January we informed them that the toilet had a leak. This was not included in the inspection report we were sent which said everything was ok. I emailed the EA regarding the leaking toilet and have heard nothing since.

2 weeks after we reported the leak our rent went up.

after paying the increased rent we were informed by our EA that the Landlord would take his property back if the garden wasn't 'professionally gardened' by a gardener of his choice. I am a keen gardener and the garden is in the same condition in which we found it.

I feel as though the EA/LL is trying to ensure the property is in as good a condition as which we found it before they evict us and re-let.

the leak is the first issue we had in a year. There are several other issues we have had which I have not informed the Landlord of for fear of eviction.

it may be worth noting, the deposit was not protected within the given time.

I think we are going to be victims of a revenge eviction.

any advice would be much appreciated.

thank you.

[JK0]

I feel as though the EA/LL is trying to ensure the property is in as good a condition as which we found it

Perish the thought.

[charlieparlie]

Perish the thought.

Yes, perish the thought that a tenant expects their landlord to call a plumber in. What a ridiculously high expectation from an otherwise perfect tenant.

[KTC]

I don't know exactly what advice you're asking for.

This (+the following section) is the law regarding preventing retaliatory eviction. This is Shelter England's page. Basically you have to complain to the local council about the same issue that you have made a complaint to the landlord about, and the council then have to issue a relevant notice.

it may be worth noting, the deposit was not protected within the given time.

Assuming it hasn't been returned, and you haven't sued them about it already, then the landlord cannot issue a section 21 notice. There's plenty of threads with information on this forum. And plenty of information on etc. Shelter.

[charlieparlie]

Thank you KTC for your constructive advice.

[mariner]

IMO for a 'revenge eviction' you need to have reported LL-liable defects to Council prior to Rx of any repo Notice.
How were you notified of rent increase , s13 or did you just pay it?
If you can provide evidence that LL did not protect Deposit in an Approved Scheme after 30 days of receipt, or at any time thereafter, you have a claim for 1-3x deposit Penalty & LL cannot serve s21 until he returns deposit, in full. He can still sue you for any assessed damage at end of T

[jpkeates]

After paying the increased rent we were informed by our EA that the Landlord would take his property back if the garden wasn't 'professionally gardened' by a gardener of his choice.

I think that your landlord may be unsuitable and you should rent elsewhere.

This is a stupid requirement and to threaten eviction if a tenant doesn't comply is bullying.

[vandamme]

Obviously stressful with a family. I'm a tenant who has received great advice on this site and lurk a lot to be up to speed on LL/T/LA 'stuff'...

Sounds like that no matter how good a Tenant you are, if you are up against a LL (with a TA working on his behalf) who is this unreasonable, as well as not fulfilling their legal obligations (deposit, correct way to raise rent) then I would suggest you start preparing for a move. I know that means getting your hands on a lump sum for moving costs/deposit/agency fee's etc. but it sounds like its the best option - short term pain for long term gain. There ARE good and great LL and LA out there, it took us a couple of moves to settle our family where I wasn't having regular unnecessary battles, and we have been in current property 6 years. Use the time to make any preparations around getting or borrowing the funds for this short term hassle.

If the LL really hasn't protected your deposit then as per the advice above, look elsewhere on this site and others. Basically you are in a great position. As a good tenant like me, HAD the LL and LA been acting reasonable then chances are you would not pursue the penalty - a lot of hassle. However - as they seem to be acting *against* you then you really, really have the upper hand and should be able to manage the situation to a conclusion you are happy with. That could mean pursuing the maximum penalty and using the money awarded to cover moving costs. Or it could be leverage to get the LL to either resolve all your issues and you stay, or grease the wheels of you moving with zero cost.

Good luck with it - be interested to be kept up to speed on what happens as these situations differ and evolve with multiple parties trying to work it to their advantage!

[nukecad]

we were informed by our EA that the Landlord would take his property back if the garden wasn't 'professionally gardened' by a gardener of his choice. I am a keen gardener and the garden is in the same condition in which we found it.

I'm wondering if the LL knows anything about this at all?
(Does the LL know that the EA have increased your rent?)

Has the EA (cousin, brother-in-law, friend) recently started/acquired a 'professional' gardening business?
(And maybe offered their services to the LL).

They can't just change your existing Tenancy Agreement to force 'extra' services on you.
Unless your TA already says something about who maintains the garden then carry on as present.

And no, I don't see anything that could be classed as revenge eviction - you have not even been informed of any potential eviction except for that unreasonable statement by the EA.

As others have said, if your deposit was not protected then they can't issue a S21 notice anyway until after they have returned the deposit in full.

[AndrewDod]

This is a stupid requirement and to threaten eviction if a tenant doesn't comply is bullying.

I don't agree that it is always stupid. We have no idea as to the exact details here but I imagine the agent had good reason for asking T to properly maintain. Depending on the type of property it can cost many thousands of pounds (even tens of thousands) to resurrect a destroyed garden - and if L is concerned that this amount is unlikely to be recovered, why would he not seek to evict. Gardening disasters cannot be resolved by a last minute mow and tidy before tenant leaves, even if it leaves the garden visually OK for a moment in time. Massive weed infiltration will cause problems for years to come, allowing overgrowth can damage the building.

[jpkeates]

I don't agree that it is always stupid.

The landlord is insisting that the tenant pays a contractor of the landlord's choice (which means the tenant has no control over the service or its cost). No sensible person should agree to such an arrangement.

If the landlord wants control of the garden, they should build the cost of maintenance into the rent and reserve that function for themselves in the tenancy agreement.

Trying to impose the requirement retrospectively some time into the lease is unreasonable (particularly as the rent has just been increased).

Threatening to evict the tenant if they don't comply is bullying.

Deciding the tenant is unsuitable is one thing, and if the landlord had served notice in order to protect their property that would be fine by me. Forcing the tenant to accept a service they don't want at a cost they haven't planned for or be made homeless, is not the same thing at all.

And, being realistic, if the property has a garden that a tenant can neglect and cause tens of thousands of pounds, its value as an investment is questionable. Same reason I don't recommend carpeting with antique persian rugs or hanging regency chandeliers.

50p bet that this is the landlord renting their previous home who are horrified that the lawn is millimetres longer than "dad" kept it.

[mk1fan]

Has the toilet been fixed?

Has your tenancy expired?

Did you sin a new tenancy?

I'd echo leaving. Plenty of good homes, rented by reasonable people available. Vote with your feet. Then claim the deposit penalty.

You could push back a bit by saying that as the deposit wasn't properly protected - ie compliant with the legal proedure - then any notice served would be invalid unitl the deposit was returned in full. Then, of course, you're free to make claim to the court for the penalty. Now you could be persuaded that this wouldn't be worth your effort and the LLs time in dealing with it all. Let's say agreed surrender, return of deposit and a nominal 2 times the deposit in lieu.

[MdeB]

the deposit was not protected within the given time.

Has it now been protected?

What was the initial term of the tenancy?