landlord eviction

[Ruebarb]

gf is moving in with db into his rented accommodation - db has ds so no problems with dcs living in property. gf has severely disabled dd and db asked for permission to upgrade electrics and some other improvements to accommodate equipment for disabled dd and this was granted in writing. Work has been done at their expense and gf due to move in this week. Got telephone call from ll last week saying he has decided to sell property and eviction notice is in the post. Do they have any legal recourse for costs of improvements- ll has got improvements to property at dbs expense and now is evicting them - seems very unfair and they feel very used.

[twizzleship]

is he renting privately? Landlord has to give him minimum of 2 months notice to vacate the property (referred to as 'ending the tenancy generally), landlord (to my knowledge but i may be wrong) cannot 'evict' a tenant unless they are not complying by the terms they agreed to as regards rent etc. Yes, you do need legal advice ASAP. I would think that the landlord would be liable to pay him for the improvements as he gave consent and now he is preventing him from making use of those improvements. also because he may now be profiting from the changes made at your expense.

you do realise that your brother and his gf don't have to leave the property if LL is playing silly buggers with you? They can stay there and force him to go to court-which would cost him a lot more -and would give your brother time to find elsewhere to move to and time to get legal advice and take the issue of his expenses to court.

[Ruebarb]

twizzleship - many thanks for advice - yes it is a private rental on an AST agreement. They are being given the statutory 2 months notice but feel they have been 'used' - improvements agreed and now completed suddenly the LL wants to sell property. Will advise them to take legal advice - they are currently looking for another property because that will need adapting before they move in.

[twizzleship]

their deposit should be held with the Deposit Scheme,they can contact them directly and get advice from them too, as they will be able to dispute giving back the deposit - LL might try to keep it. they can also point your brother to other agencies that deal with private landlords. i got a lot of help from them when trying to trace the address my landlord and was disputing deposit over repairs she hadn't done, good luck!

[tiredoutgran]

try asking on Landlordzone, lots of very experienced people on there.

[HoopyViper]

Don't start me off again, I've only just calmed down from ranting on another thread!

I really hope your db and family get some stability soon, and that you get some of the costs back. Entirely morally wrong of the ll of course, but no idea of the legal position. Any decent person would apologise profusely and offer the money back.

Another example of why landlords should have to match a tenants deposit, which they only get back in agreement.

[specialsubject]

when does the tenancy expire? If it has just started then it will be at least six months long. Selling the place is not grounds for eviction.

I entirely agree that this is morally wrong of the landlord, but did your brother not get anything in writing about a long tenancy before spending money on a property that he does not own? This is the normal 'deal'. As an example we did it with our tenants who swapped some painting and floor sanding for no rent increase (at the time of a rising market) and a longer tenancy. Win-win.

the way out of this one is for the property to be sold to another landlord.

[SuedeEffectPochette]

Landlords can't evict very easily on an AST if they have not protected the deposit properly OR if they have not provided all the prescribed information. It is quite hard for them to get this right. This does not prevent an eventual eviction once they get all this right, but it will significantly delay it. Go and see if Shelter can help. Plus, if any of the information is wrong (or not provided) the statutory penalty is 1-3 times the deposit, which may go some way towards reimbursing the alterations.