L served Notice soon after T spent on improvements

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    L served Notice soon after T spent on improvements

    We have just been given notice by our landlord, totally unexpected with no specific reason.
    We have been tenants here for 15 months now, we have spent a lot of money on the property making some changes, all with the LL consent.
    In March we asked if we could decorate the lounge and he came and agreed with the wall paper to be used, it cost us £450 plus materials to have it done.

    We've had cavity wall and loft insualtion done with draught proofing, the list is endless, we are absolutedly horrified that this has happened.
    I'm sure he is within his rights, it is his property, he owns many properties in the village and the family are very wealthy so we don't think this is financial.

    We have been told by the agents he has said it is for personal reasons, is there anything at all we can do. It is so upsetting, we now have to fund the cost of moving, find the deposit for the next place etc etc

    Please advise someone

    #2
    I am sorry, but presuming your landlord is seeking possession under section 21 of the 1988 Housing Act then he doesn't have to give a reason and there are no real grounds to prevent it happening.

    If your deposit isn't protected, or the landlord has filled the notice out incorrectly, then you might get a stay of execution - but it would be for a couple of months or so, not long term.

    So we can give you some specific advice, can you confirm...

    On what date did the tenancy begin?
    How long was the fixed term for?
    Has it been renewed since?
    What date did you recieve the s21 notice
    Was it a notice under s21(1)(b) or s21(4)(a)?
    What is the expiry/leaving date shown on the notice (exact words).

    Comment


      #3
      [QUOTE=Snorkerz;224867]

      So we can give you some specific advice, can you confirm...

      On what date did the tenancy begin? 21/2/09
      How long was the fixed term for? 12 months
      Has it been renewed since? yes
      What date did you recieve the s21 notice 30/6/10
      Was it a notice under s21(1)(b) or s21(4)(a)?
      What is the expiry/leaving date shown on the notice (exact words).
      after 20/9/2010

      Thanks

      Comment


        #4
        Everything seems legit - except - when was the tenancy renewed? And for how long?

        Did you pay a deposit? Did the landlord protect it in one of the 3 government approved schemes?

        Comment


          #5
          Originally posted by red_jude View Post
          all with the LL consent.
          decorate the lounge it cost us £450 plus materials to have it done.

          We've had cavity wall and loft insualtion done with draught proofing, the list is endless,
          Unless you had an agreement in writing from the landlord that he would return the cost of your outlay, then you have modified / enhanced the landlords property at your none refundable expence.

          I can rent ( hire ) a car for 6 months, and ask them if I can change the colour and put extra sound proofing in it. They may say, Sure, go ahead, but i would not get the £ 1000 back I spent on it at the end of the fixed term contract.

          It's the same with a contract to rent a property.

          He can even insist you return it to the condition when you moved in. E.G. Remove loft insulation and cavity wal insulation ( I know you cant remove the insulation in the walls )

          So unless you had an agreement for the landlord to pay for the alteratins / enhancements, you will lose that cost.

          Comment


            #6
            It ended on the 21st Feb 2010, we received a letter from the agent asking us to sign the enclosed declaration and return it to her. I think it was for a periodic tenancy so thats a rolling month isnt it?

            Yes we did pay a deposit and yes it is held.

            Comment


              #7
              Ram there was no indication in my post that that is what we are expecting. Pointing out that only 3 months ago he was happy to have the work done by us but didn't mention at that time he would be ending the tenancy seems a bit odd, or a bit devious.

              He has gained a lot of improvements to his property which no doubt will add value, we've also put down new expensive flooring in the bathroom and kitchen which he agreed to last month, he didnt say no don't do that cos you'll be out soon.
              We were under the impression from conversations with him that this would be our home for some years, hence the changes and costs, to benefit us.
              This is why I am a little bit peed off, I am just over pension age but still working ang my hubby hasn't worked for 3 years due to disability, we can't afford unexpected added costs, I'm worried sick about the next deposit, the paying of the final bills, the whole packing, moving business which neither of us has the energy for, never the less we have to get on with it.

              How can anyone do this for no reason, I find its inhumane.
              I feel deflated, depressed and very sad. The LL is coming to see his house on monday to see if theres anything he needs returning to the original condition. The lounge was all magnolia - yes crap cream. We know have lovely floral paper and plain paper so if this needs to be returned to cream we can paint over the flowers.
              We can take up the loft insulation and take the draught proofing off the doors, did up all the plants we;ve paid for but that makes us just as bad.

              So it looks like theres no protection in the next property either, is that right, every year at our age we need to move on, there must be a way, surely!!

              Comment


                #8
                Originally posted by red_jude View Post
                there must be a way, surely!!
                You don't say if the landlord agreed to reimburse you the money you spent.

                If he did not, then you spent money on property that did not belong to you. I assume you have spoken to the landlord and asked if he will contribute to the loft and cavity walls costs ?

                If the house was so cold it Needed insulating, then that is for the landlord to rectify, not the tenant.
                So, did the landlord agreed to reimburse you the money you spent ?

                Interior decorating is often done by tenants, and at their cost.

                Comment


                  #9
                  red jude, I am so sorry to hear you have been treated like this and I agree that it was unprofessional of the LL to allow you to carry out the improvements at your own expense if he knew that he would be need to regain possession of his property so soon. It may of course be that the decision was forced upon him as it was upon you, although it would have been decent if he could have allowed you a longer notice period. It must be very stressful for you and you have my sympathy. He has not acted illegally (by the sound of it), but that is scant consolation when you have to pack up and move on in these circumstances. It would be worth asking him whether you could have slightly longer to organise something else, and if your husband receives disability benefits, the council may be able to help with the deposit - have you enquired?

                  On the positive side, you sound to have been excellent tenants, you will have a good reference and there is a lot of rental property on the market at present. In your next home, it would be a good idea not to agree to carry out improvements at your own expense - negotiate in more detail with the 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


                    #10
                    Your landlord has probably realised that with all the improvements that you’ve made to his property, he can now charge a higher rent to new tenants.

                    Comment


                      #11
                      Originally posted by Mrs Mug View Post
                      Your landlord has probably realised that with all the improvements that you’ve made to his property, he can now charge a higher rent to new tenants.
                      Well, we don't know that - and I'm not sure that a property redecorated to one tenant's taste would necessarily appeal to the next one - it's a personal thing, isn't it, although OP does sound to have invested a lot of money in it. If that is what he's doing, it's disgraceful.

                      It seems hardly worth turfing one lots of excellent tenants out though, just to set about re-letting to different ones who are unknown quantities. I'm guessing there are family reasons fro LL requiring possession.
                      '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


                        #12
                        Originally posted by mind the gap View Post
                        I'm not sure that a property redecorated to one tenant's taste would necessarily appeal to the next one
                        No, but a house in a village that's just been fitted with loft insulation, cavity wall insulation and draft proofing would be very attractive. Just think how much that has improved the EPC.

                        Comment


                          #13
                          Originally posted by Mrs Mug View Post
                          No, but a house in a village that's just been fitted with loft insulation, cavity wall insulation and draft proofing would be very attractive. Just think how much that has improved the EPC.
                          Point taken! You are right, of course.

                          (Try telling that to Jeffrey, though...)
                          '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


                            #14
                            Originally posted by red_jude View Post
                            So it looks like theres no protection in the next property either, is that right, every year at our age we need to move on, there must be a way, surely!!
                            This is not quite true. A tenancy agreement can be for as long as both parties agree to be tied for. Being a shorthold tenancy, they tend to be for 6 or 12 months, but there is no reason why you can not enter into a tenancy for 10 years or more, providing you are sure you want to be tied to a property/landlord for so long. Of course, you need to find a landlord who also wants to be tied for so long - but that is supply and demand. There are landlords who tie their properties up long-term, usually in subletting deals, but they do exist.

                            Your original 12 month agreement incorporated a promise by you that you'd pay the rent for 12 months, and a promise from him that providing you did, you wouldn't be removed in that 12 months. Both parties did what it said on the tin.

                            Have you spoken to the landlord to see if re-negotiation is possible? I would choose a known (good) tenant over the uncertainty of a new tenant is almost all situations.

                            Comment


                              #15
                              Originally posted by mind the gap View Post
                              Point taken! You are right, of course.

                              (Try telling that to Jeffrey, though...)
                              If you do, make it 'draught-proofing'.
                              And how does one fit a whole village...with loft insulation, cavity wall insulation and draught proofing?
                              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.
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