Landlord increasing rent and now wants to evict me

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    Landlord increasing rent and now wants to evict me

    I have been in my property for 10 months, of which, the last 4 have been on a month by month contract.
    I recieved a letter from my landlord saying that the rent was going to be increased. If I didn't agree with the increase, then he would give me 2 months notice to leave.

    Before I had a chance to reply, (as there are some outstanding repair issues that have not been resolved by the landlord, even though they have been shown on each of the 3 monthly inspection visits), a week later, I got another letter from the Landlord saying that he was giving me 2 months notice to leave.

    I have subsequently found out that he intends on moving new tenants in, not himself of his spouse, shortly after i move out.

    I would have not had any problem paying the rent increase if I had been given the option, and the repairs had been carried out as promised.

    I have now had to find alternative accomodation and was wondering if i had any comback against the landlord for breach of contract and could claim at least my moving costs back against him?

    #2
    I don't think that you have any comeback at all provided the section 21 notice was correctly worded and gave you at least two months notice ending in a rent day (the day in the month on which the next month's rent becomes due). We read so much on this board about "professional tenants" who frustrate their landlords by getting several months of rent free accommodation as the law (aided and abbetted by sympathetic judges) can be manipulated into allowing this. I suppose it is to be expected that a tenant will whinge for retribution when his landlord asks him to vacate his home and gives the correct notice to do so as required by law.
    Changing over tenants requires a certain amount of administrative effort and cost to a landlord including loss of rent during the void period. As you are happy to continue your tenancy at the proposed increased rent, shouldn't you ask yourself what you have done/attitude you have adopted to cause your landlord to incurr the additional costs of giving you notice and replacing you with another tenant?

    P.P.
    Any information given in this post is based on my personal experience as a landlord, what I have learned from this and other boards and elsewhere. It is not to be relied on. Definitive advice is only available from a Solicitor or other appropriately qualified person.

    Comment


      #3
      Or you could look on the bright side and take the view that at least it won't be you who has to continue (futilely, it seems) to ask for repairs to be done by a LL who isn't willing to have them done. I would consider myself well out of it - there is an oversupply of rental properties in most places at the moment and I'm sure you will find somewhere else - possibly at a lower rent than your current Ll was proposing to charge you.

      It would be worth staying civil about it, however, since you may need a reference from your current LL.

      Good luck in your hunt!
      'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

      Comment


        #4
        Thanks for your comments.

        I wasn't acting as a so called "professional tenant", I just wanted to know if the LL had acted in accordance with the AST which had stipulated that possession might be recovered under Ground 1 , Schedule 2, HA 1988. He isn't going to live in the property, or it is required by the mortgagee for possession.

        Comment


          #5
          Originally posted by P.Pilcher View Post
          shouldn't you ask yourself what you have done/attitude you have adopted to cause your landlord to incurr the additional costs of giving you notice and replacing you with another tenant?

          P.P.
          Hi Daveyboy

          I shouldn't worry about comments like these. Its not a sign of a bad attitude to ask for repairs to be done or to be slightly frustrated when there is no action. Nor is it unreasonable to ask for advice on a legal point about notice.

          I agree with the mind the gap, rents are generally falling in many areas at present, so you may well end up better off elsewhere. I suspect the landlord has other reasons for wanting you out - perhaps he has found someone who is prepared to pay the higher figure and wants to grab them quickly?

          Good luck

          Preston

          Comment


            #6
            Originally posted by Daveyboy View Post
            Thanks for your comments.

            I wasn't acting as a so called "professional tenant", I just wanted to know if the LL had acted in accordance with the AST which had stipulated that possession might be recovered under Ground 1 , Schedule 2, HA 1988. He isn't going to live in the property, or it is required by the mortgagee for possession.
            If that is the only ground he has cited, then he may well have got it wrong. However a section 21 doesn't have to give a particular reason - it's a LL's right to ask you to leave with two months' notice.
            'Pause you who read this, and think for a moment of the long chain of iron or gold, of thorns or flowers, that would never have bound you, but for the formation fo the first link on one memorable day'. Charles Dickens, Great Expectations

            Comment


              #7
              Originally posted by Daveyboy View Post
              I just wanted to know if the LL had acted in accordance with the AST which had stipulated that possession might be recovered under Ground 1 , Schedule 2, HA 1988. He isn't going to live in the property, or it is required by the mortgagee for possession.
              L does not have to meet either of those criteria; as a previous owner-occupier, and having forewarned T (= you) under g1, he can use g1 at any time once the AST's fixed term has expired.
              JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
              1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
              2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
              3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
              4. *- Contact info: click on my name (blue-highlight link).

              Comment


                #8
                Originally posted by jeffrey View Post
                L does not have to meet either of those criteria; as a previous owner-occupier, and having forewarned T (= you) under g1, he can use g1 at any time once the AST's fixed term has expired.
                jeffrey,

                Is there any reason LL would use G1 rather than a plain old s21?

                Daveyboy,

                You haven't said whether LL has served you with proper notice or just sent "a letter". As I understand it, notice must have specific wording etc.
                Now signature free.

                Comment


                  #9
                  Originally posted by lorenzo View Post
                  Is there any reason LL would use G1 rather than a plain old s21?
                  Not only is s.8 [ground 1] a guaranteed procedure, if the Notice is correct, but it's much quicker than the Notice period for s.21 which is always at least two months and usually more.


                  AND s.8 applies also where s.21 does not- to:
                  a. ASTs even if L forgot to protect a protectable deposit; and
                  b. SATs.
                  JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                  1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                  2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                  3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                  4. *- Contact info: click on my name (blue-highlight link).

                  Comment


                    #10
                    Originally posted by P.Pilcher View Post
                    I don't think that you have any comeback at all provided the section 21 notice was correctly worded and gave you at least two months notice ending in a rent day (the day in the month on which the next month's rent becomes due).
                    Wrong! Word a S21 notice like that and it will be thrown out of court as defective. It must end on the last day of a period - ie the day before a rent payment day
                    Disclaimer: What I say is either right or wrong. It may be advisable to check what I say with a solicitor. If he says I am right then I am right, unless he is wrong in which case I am wrong; but if he says I am wrong then I am wrong, unless he is wrong in which case I am right

                    Comment


                      #11
                      Originally posted by lawstudent View Post
                      Wrong! Word a S21 notice like that and it will be thrown out of court as defective. It must end on the last day of a period - ie the day before a rent payment day
                      Yes. Here's s.21(4) with my underlining added.

                      21(4).
                      Without prejudice to any such right as is referred to in subsection (1) above, a court shall make an order for possession of a dwelling-house let on an assured shorthold tenancy which is a periodic tenancy if the court is satisfied:
                      (a) that the landlord or, in the case of joint landlords, at least one of them has given to the tenant a notice stating that, after a date specified in the notice, being the last day of a period of the tenancy and not earlier than two months after the date the notice was given, possession of the dwelling-house is required by virtue of this section; and
                      (b) that the date specified in the notice under paragraph (a) above is not earlier than the earliest day on which, apart from section 5(1) above, the tenancy could be brought to an end by a notice to quit given by the landlord on the same date as the notice under paragraph (a) above.
                      JEFFREY SHAW, solicitor [and Topic Expert], Nether Edge Law*
                      1. Public advice is believed accurate, but I accept no legal responsibility except to direct-paying private clients.
                      2. Telephone advice: see http://www.landlordzone.co.uk/forums/showthread.php?t=34638.
                      3. For paid advice about conveyancing/leaseholds/L&T, contact me* and become a private client.
                      4. *- Contact info: click on my name (blue-highlight link).

                      Comment

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