Landlord acting unreasonably
Discussion
Hi, I've just received this text from my girlfriend whose Landlords decided to evict her and the other occupant of the flat she rents, she was originally on a 6 months fixed term contract two years ago and has just paid at the end of each month since.
Just wondering the best way to proceed?
[quote]
Dear tenants, I would like to give you all notice to vacate the flat by the 18th of June The reason for this is that the flat is going to be thoroughly refurbished from this date.
[quote]
The other day Estate Agents came round while no one was in to take photo's so it looks like the flat is being put on the market. I was under the impression that for eviction you have to be given two months notice?
Tbh the landlord is a joke, the deposit isn't protected and they turn up unannounced all the time.
Just wondering the best way to proceed?
[quote]
Dear tenants, I would like to give you all notice to vacate the flat by the 18th of June The reason for this is that the flat is going to be thoroughly refurbished from this date.
[quote]
The other day Estate Agents came round while no one was in to take photo's so it looks like the flat is being put on the market. I was under the impression that for eviction you have to be given two months notice?
Tbh the landlord is a joke, the deposit isn't protected and they turn up unannounced all the time.
What does the tenancy agreement say about notice?
Furthermore, the EA appears to have committed Trespass by accessing her house whilst under an AST. I would in her shoes also take a very good look around the property to ensure no items are missing, especially things like jewellery...
Furthermore, the EA appears to have committed Trespass by accessing her house whilst under an AST. I would in her shoes also take a very good look around the property to ensure no items are missing, especially things like jewellery...
Unfortunately she'll be on a rolling 1 month contract after her 6 month AST ran out (unless she signed a new agreement), so either party only needs to give one month's notice to end the tenancy.
I would imagine he's not 'evicting' her as such, but ending her tenancy (maybe he worded it strangely). From the text you provide, is it simply asking the tenants not to be around on the day the apartments are getting refurbished, rather than telling them their tenancy ends? You can read it both ways, but it doesn't explicitly say "Your tenancy is coming to an end on..." - it would be worth speaking to the landlord to find out exactly what is happening. He might be horrified at the prospect of having to find new tenants due to them getting the wrong end of the stick from his message.
Did she give permission for the access whilst she was out? If not, then that's really bad and can have serious repercussions for the landlord.
I'm not sure a text really counts as 'in writing', but there you go.
I would imagine he's not 'evicting' her as such, but ending her tenancy (maybe he worded it strangely). From the text you provide, is it simply asking the tenants not to be around on the day the apartments are getting refurbished, rather than telling them their tenancy ends? You can read it both ways, but it doesn't explicitly say "Your tenancy is coming to an end on..." - it would be worth speaking to the landlord to find out exactly what is happening. He might be horrified at the prospect of having to find new tenants due to them getting the wrong end of the stick from his message.
Did she give permission for the access whilst she was out? If not, then that's really bad and can have serious repercussions for the landlord.
I'm not sure a text really counts as 'in writing', but there you go.
Edited by shandyboy on Tuesday 5th May 12:11
shandyboy said:
Unfortunately she'll be on a rolling 1 month contract after her 6 month AST ran out (unless she signed a new agreement), so either party only needs to give one month's notice to end the tenancy
Statutory periodic tenancy requires two months notice from the landlord, and they must coincide with rent periods. So, if she pays rent on the 18th, the two months start from 18th May, and the earliest he can do anything towards eviction is 18th July. He has to get the paperwork right, too.And the agents had no right of access without notice - quiet enjoyment.
Does she rent a room, though, or jointly rent the entire property? Is the landlord resident?
shandyboy said:
I would imagine he's not 'evicting' her as such, but ending her tenancy (maybe he worded it strangely). From the text you provide, is it simply asking the tenants not to be around on the day the apartments are getting refurbished, rather than telling them their tenancy ends? You can read it both ways, but it doesn't explicitly say "Your tenancy is coming to an end on..." - it would be worth speaking to the landlord to find out exactly what is happening. He might be horrified at the prospect of having to find new tenants due to them getting the wrong end of the stick from his message.
I dunno, one would presume it would say "vacate the flat ON date X" rather than "by". "By" to me implies that they have to be out for good before that date. "Vacate" also lends credence to that interpretation as well, since it'd be a pretty formal word to use when you just want people temporarily out of the property for a period of time.shandyboy said:
Unfortunately she'll be on a rolling 1 month contract after her 6 month AST ran out (unless she signed a new agreement), so either party only needs to give one month's notice to end the tenancy.
I would imagine he's not 'evicting' her as such, but ending her tenancy (maybe he worded it incorrectly).
I'm not sure a text really counts as 'in writing', but there you go.
A text counts.I would imagine he's not 'evicting' her as such, but ending her tenancy (maybe he worded it incorrectly).
I'm not sure a text really counts as 'in writing', but there you go.
A text is made up of writing. It is also timestamped. It's the new signed for delivery in this day an age.
Just have a read through the AST the terms for ending the tenancy will be clearly stated, make sure the agent/landlord has current mobile/email contacts for her.
Just stick to what was agreed when you both signed the AST, she's not being "evicted" the landlord is just wanting to refurb it probably to repair damage done by tenants over the years. If you ask nicely and you've been a decent tenant he might let you rent it post refurb, saves looking for a new tenant.
Just stick to what was agreed when you both signed the AST, she's not being "evicted" the landlord is just wanting to refurb it probably to repair damage done by tenants over the years. If you ask nicely and you've been a decent tenant he might let you rent it post refurb, saves looking for a new tenant.
TooMany2cvs said:
It's absolutely nothing of the kind. SMS is still fallible, both in whether a messages is received at all, and in when it's received.
Yes.It's also in this case inadequate.
Fast forward to explaining the details of the case to a judge when trying to evict:
"I served the Section 21 notice by text message to a mobile phone."
Notwithstanding that, If the notice was given any later than the 18th April, presuming rent is paid monthly, the notice is invalid anyway.
Jasandjules said:
What does the tenancy agreement say about notice?
Furthermore, the EA appears to have committed Trespass by accessing her house whilst under an AST. I would in her shoes also take a very good look around the property to ensure no items are missing, especially things like jewellery...
Where does it say the EA went into the property? Also, it's not clear from the post that the LL sent a text, just that the OP's other half sent the OP a text.Furthermore, the EA appears to have committed Trespass by accessing her house whilst under an AST. I would in her shoes also take a very good look around the property to ensure no items are missing, especially things like jewellery...
These thing may well be the case, the OP can confirm, but we do jump to conclusions on here, don't we?
Edited by anonymous-user on Tuesday 5th May 13:18
TooMany2cvs said:
SMS is still fallible, both in whether a messages is received at all, and in when it's received.
I'd be surprised if an SMS counted as 'in writing' too, but those fallibilities on their own oughtn't to be the reason it doesn't count - after all, the post is fallible in those ways too.REALIST123 said:
Where does it say the EA went into the property? Also, it's not clear from the post that the LL sent a text, just that the OP's other half sent the OP a text.
These thing may well be the case, the OP can confirm, but we do jump to conclusions on here, don't we?
The part where it said the EA went in whilst no-one was home and took photos.These thing may well be the case, the OP can confirm, but we do jump to conclusions on here, don't we?
Edited by REALIST123 on Tuesday 5th May 13:18
untakenname said:
just received this text from my girlfriend whose Landlords decided to evict her and the other occupant of the flat she rents, she was originally on a 6 months fixed term contract two years ago and has just paid at the end of each month since.
Just wondering the best way to proceed?
[quote]
Dear tenants, I would like to give you all notice to vacate the flat by the 18th of June The reason for this is that the flat is going to be thoroughly refurbished from this date.
[quote]
The other day Estate Agents came round while no one was in to take photo's so it looks like the flat is being put on the market. I was under the impression that for eviction you have to be given two months notice?
Tbh the landlord is a joke, the deposit isn't protected and they turn up unannounced all the time.
You mean the tenant's deposit was not put into a registered protection scheme?Just wondering the best way to proceed?
[quote]
Dear tenants, I would like to give you all notice to vacate the flat by the 18th of June The reason for this is that the flat is going to be thoroughly refurbished from this date.
[quote]
The other day Estate Agents came round while no one was in to take photo's so it looks like the flat is being put on the market. I was under the impression that for eviction you have to be given two months notice?
Tbh the landlord is a joke, the deposit isn't protected and they turn up unannounced all the time.
As long the deposit is not protected, the landlord's hands are tied, and the notice is invalid.
flemke said:
You mean the tenant's deposit was not put into a registered protection scheme?
As long the deposit is not protected, the landlord's hands are tied, and the notice is invalid.
Does the original tenancy contract not preceed and legal requirement for deposits to be held in a scheme?As long the deposit is not protected, the landlord's hands are tied, and the notice is invalid.
These schemes have only been a legal requirement in the couple of years in Scotland. I'm unsure of the regulations in England and Wales.
Edited by AndrewEH1 on Tuesday 5th May 15:15
The process is that the landlord has to give 2 months clear notice as above using a Section 21 notice. If the tenant does not vacate then the landlord has to apply to the court. This is a desk exercise for the judge and he must give possession to the landlord if the notice is correct.
However if the deposit is not protected in one of the official schemes then the landlord's notice has no effect and his application to court will be rejected.
There are certain situations where the deposit doesn't have to be protected. Try CAB or the Shelter website
However if the deposit is not protected in one of the official schemes then the landlord's notice has no effect and his application to court will be rejected.
There are certain situations where the deposit doesn't have to be protected. Try CAB or the Shelter website
flemke said:
You mean the tenant's deposit was not put into a registered protection scheme?
As long the deposit is not protected, the landlord's hands are tied, and the notice is invalid.
That's not correct. My tenants' deposit is not in a protection scheme, as their AST agreement pre-dates the introduction of the TDSAs long the deposit is not protected, the landlord's hands are tied, and the notice is invalid.
Following the Deregulation Act 2015 obtaining Royal Assent on 26 March 2015 clarification has been given about deposits.
If you received a deposit prior to 6 April 2007 AND the tenancy became a Statutory Period ON OR AFTER 6 April 2007 the deposit must be protected and the prescribed information given within 90 days starting from 26 March 2015. If this is done, it will be treated as though it has always been done. Therefore, if you have any deposits that you did not protect following Superstrike – this is your LAST chance.
Where a deposit has been taken for an assured shorthold tenancy and it was correctly protected and the prescribed information given within the correct timescales and the tenancy either goes statutory periodic or a renewal is given by the same landlord to the same tenant(s) for the same property as the original tenancy, then the prescribed information will be treated as having been given at each periodic or renewal. In short this means if you did everything correct at the beginning (including giving the prescribed information) you do not have to reprint the prescribed information at each renewal. This provision is backdated to 2007 and so if you did not renew your paperwork following Superstrike you are now covered.
Prescribed information: Please read fully on your deposit protection scheme what is included in the Prescribed Information.
Section 21’s and changes you need to know about
The new Legislation confirms the Court of Appeal decision on Charalambous & Anor v Maureen Rosairie NG & Anor. Namely ANY deposit taken (including deposits taken before 6 April 2007 where the tenancy became a statutory periodic before the 6 April 2007) must be protected and the prescribed information given before a Section 21 can be issued. If you do not protect the deposit you must RETURN the deposit to the tenant.
If you received a deposit prior to 6 April 2007 AND the tenancy became a Statutory Period ON OR AFTER 6 April 2007 the deposit must be protected and the prescribed information given within 90 days starting from 26 March 2015. If this is done, it will be treated as though it has always been done. Therefore, if you have any deposits that you did not protect following Superstrike – this is your LAST chance.
Where a deposit has been taken for an assured shorthold tenancy and it was correctly protected and the prescribed information given within the correct timescales and the tenancy either goes statutory periodic or a renewal is given by the same landlord to the same tenant(s) for the same property as the original tenancy, then the prescribed information will be treated as having been given at each periodic or renewal. In short this means if you did everything correct at the beginning (including giving the prescribed information) you do not have to reprint the prescribed information at each renewal. This provision is backdated to 2007 and so if you did not renew your paperwork following Superstrike you are now covered.
Prescribed information: Please read fully on your deposit protection scheme what is included in the Prescribed Information.
Section 21’s and changes you need to know about
The new Legislation confirms the Court of Appeal decision on Charalambous & Anor v Maureen Rosairie NG & Anor. Namely ANY deposit taken (including deposits taken before 6 April 2007 where the tenancy became a statutory periodic before the 6 April 2007) must be protected and the prescribed information given before a Section 21 can be issued. If you do not protect the deposit you must RETURN the deposit to the tenant.
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