Witholding my rent AIBU

@littledragon99 - again - what were your living arrangements prior to moving into this property in March?

That’s illegal.

Then she has failed in her duty as a LL and the fine/compensation legislation is still applicable. Did she ever provide you with the prescribed information? Or the details of where you could find it at least? I’m guessing probably not since she will know she was late in doing it and has left herself open to a court claim. Firstly if it wasn’t protected in line with the legislation then no section 21 can be valid until she returns the deposit in full. If she serves one do not tell her! Wait until the court date to bring it to the judges attention. Your ast states she has to give you two months notice. There are very specific rules on when the section 21 can be served, when the notice must begin and end etc. also you mentioned you’re two weeks in arrears but your ast says you have to give a months notice? If you pay rent weekly your ast should say you have to give a weeks notice? So it seems as though this LL has made the usual error of using a cut and paste ast for a unique situation and as such, has likely made many other mistakes. This is all in your favour. Use each of those mistakes to get the section 21 thrown out. She will have to serve again with another 2 months notice each time. As long as you pay your rent on time and never fall into more than 8 weeks arrears she can’t use a section 8 for eviction and she can’t serve both at the same time she has to make a decision. If she serves a section 8 and has it thrown out then serves a section 21 she has to accept that the rent owed is lost. That’s because a section 21 is a no fault eviction. Anyway, doing this can extend your ast long enough for you to save some money and find somewhere more affordable to live, should you choose. However, theoretically, with no prescribed information having been issued (which is why I said in an earlier reply, not to tell her!!) until after she returns the deposit in full, the prescribed information can’t be issued after the deposit is removed from the scheme and returned and so a section 21 can’t ever be valid. I’m not sure this has been tested in court yet but that’s certainly the way the legislation reads. Had I not decided to move, I certainly would have been testing this in court at the same time that I won my £11,000 compensation! So pay your rent on time but pay less for the loss of the room. Do not allow the shortfall to go above 8 weeks rent in total. You have up until the moment you walk in to court for a section 8 eviction to reduce it below 8 weeks and it will get thrown out. Keep the deposit information to yourself, do not be tempted to use it and tell her as you will be giving her time to cover her arse. There is no defence in court and she will be liable for compensation there is no option for the judge to do anything else, he HAS to award a minimum of 1x the deposit plus deposit returned and up to 3x plus deposit returned. That is my advice based on my own personal experience and I’m happy to help walk you through it including relevant legislation, timings etc if you want to pm me

Eviction takes AGES. if you don't need a landlord reference on the future you could withhold rent and wait up the 6-12 months while she evicted you. My nextdoor neighbours seem to do it with every new tenant, it's a way of life for some people

But otherwise I'd look to move out, don't bother trying to negotiate with her or claiming your legal rights, you'll just be robbed off for months, seen as a difficult tenant until eventually handed a no fault eviction anyway.

It's part of being a landlord. I would say don't become a landlord if you don't want to obey landlord/ tenant law.
Would we really want to go back to a time when landlords could just chuck a tenant on the street?

so basically the landlady is stuck with a non paying tenant and it will cost the landlady to get rid - through no fault of her own

oh well I suppose that teaches the landlady never to accept someone without all the credit checks etc as it had backfired on her kindness / stupidity

and the op will take advantage and not pay any rent at all until the day the bailiffs arrive...

@OlderGlaswegianLivingInDevon but that's not the point. The landlord has to behave in a professional manner. The tenant should get to grips with any debts they might have and prioritise paying rent.
My aim is to give sensible advice here, as I keep saying they need to contact Shelter or the CAB.

To be honest you sound very selfish.

All of your posts are me me me.

Your problems are not your landlords. Pay her as agreed and stop being so self centred.

however surely the Op would not wish the tenancy to continue as

1. she cannot afford the rent
2. she is withholding rent because there is no use of the living room - despite the living room not being mentioned in the tenancy 3.

No, the landlord can't just move back in. As I have said that could be harassment or an illegal eviction. There have been cases where the landlord has been found guilty of this in the courts and have been fined or even imprisoned.

The tenancy could carry on forever on the original agreement if both parties are happy to do so. Otherwise the landlord needs to terminate the tenancy legally, so notice etc.

so it would be better for the landlady to move back in - by / on 9th Sept or even 2 weeks before ?
and the Op becomes a lodger and the landlady gives 2 weeks notice...

Even if the 9th arrived with no renewal of tenancy, the LL would still have to go through the court process to get the tenant to move out.

OP you need to contact Shelter now. Your landlord can evict, your deposit is protected now, so they absolutely can, and if you are consistently late paying then will.

but does the landlady even have to do anything ?
as it's a 6 month tenancy, ending on Sept 9th ( or maybe Sept 10th ) so one would think that she will be waiting outside the front door for the op to be moving out.

I'll state again. The landlord needs to end the tenancy in the appropriate way. That means issuing a notice, obtaining a possession order and if necessary instructing bailiffs. Not taking the appropriate legal route might constitute an illegal eviction.

Can a LL just move back in when there are ASTs in place? I don't think that would be legal would it?

I'm sorry but I don't think that the landlord can do that legally, it might well constitute harassment to try it. The tenant is entitled to quiet enjoyment of the property and that includes being able to remain until the end of the tenancy however that is brought to an end. The landlord owns the property but it is the tenants home. Again I would suggest that the tenant contacts Shelter or the CAB.

What about if a tenant is late paying every month, under pays the rent repeatedly and is now 2 months in arrears?

If the LL moves back in, OP becomes a lodger living there under licence not tenancy and the LL would be entitled to give 2 weeks' notice. It doesn't even need to be written notice, the LL could say verbal notice was given and then OP would be trespassing and the police would remove her immediately.

And yes, OP, your LL could change the locks.

You are really not a good person OP. Quite the opposite, in fact. You're using ADHD as an excuse to be a shit tenant/human being.

If you are in fact in your late 40s maybe give up your DJ dreams, focus on being able to pay rent first and foremost. You don't seem the slightest bit ashamed or embarrassed at your terrible, immature behaviour despite all the good advice given to you here.

Maybe do a bit of reflecting on your life, because stating you are a "good person" shows a remarkable lack of self-awareness!

The tenant would not be taking the legal action. It's a function of the local authority.

As the Op does not have the money to pay her rent ? i would guess she will not have the money to take any legal action if the landlady does change the locks.

However I will say again. The tenant needs to pay the rent as and when due. Please take advice from the CAB or Shelter.

Changing the locks could very well constitute an illegal eviction and the courts take a very dim view of that. No landlord should go down that route. They can be punished very severely for not taking the correct action. Being a landlord is actually a job and should be viewed as such and dealt with professionally.
It was something I dealt with when I was working, so I do have some knowledge of that.