Can landlords give notice if their daughter plans to move in? Gutted to have to move from nice flat.

[JandLandG]

Quick query here, really, please if anyone has expert/specialist knowledge or experience.

Have been in this great flat for about 18 months.

Dealing directly with the landlords (elderly couple) and we'd both said we'd wanted to have a long-term arrangement.

Last time we'd mentioned this was a few months ago - now they've just given me my notice out of the blue.

Apparently their daughter's coming back to the UK and wants to live in it.

If true, I assume this is a legitimate reason to give me notice? Can anyone with experience or legal/specialist knowledge clarify, pls?

The last time we spoke - a few weeks ago - was about the new Renters' Rights; they gave me the paperwork, but it all seemed irrelevant to me.

Is there anything in there that can save me?

I'm assuming they're genuine and that their daughter is really coming back...although...

There has been a slight issue with parking that a couple of the neighbours don't like. (Parking in my allocated spot, but the neighbours didn't think it was right. I get on with all the other neighbours really well.)

I know they've moaned to the landlords.

Could this be anything to do with it ?

If so, I don't think it's a legitimate reason to turf me out. They've given me 4 months notice.

Landlords are very trustworthy tbh, very straight and honest - although, obviously they're in it for the money, not to make sure things re nice for me.

Any thoughts/experience?

I'd be very grateful.

https://england.shelter.org.uk/housing_advice/eviction/notice_landlord_or_family_want_to_move_in

Under the new Renters Rights Act from May 1st, your landlord can serve Section 8 notice on you if they want their close family member to move into the flat, giving you 4 months notice to vacate. If they have not served the notice you could ask them for it, that may give you a bit more time. Note that a landlord can not do this in the first year of the tenancy but that does not apply here. The landlord can not re- let the flat on the open market for a year after this.

Best of luck finding something nice - sorry this has happened.

yes they can give you notice for this reason and you have said they are honest so why would they lie?

@Lostthetastefordahlias If they have not served the notice you could ask them for it, that may give you a bit more time

If OP hasn’t received it then isn’t it better to say nothing? If the four months starts when the correct paperwork is received then it’s not in OPs interests to ensure they have done the paperwork? Or have I misunderstood?

Hi @NoCommentingFromNowOn I should have said I am not an expert in this area I just have had cause to use that shelter page and thought it was useful. I suppose IF no notice had been served OP could just wait until her landlords ask her why she hasn’t moved/ or wait until they try to evict her through a court hearing and then say “I’ve not moved because you haven’t followed the correct legal procedure to ask me to move” and which point they would presumably have to serve the notice and she would have another 4 months starting from then (although I suppose a judge may have discretion in what they order). It would be too high conflict an approach for me! Perhaps OP should probably seek advice from Shelter on the best approach here.

Ok, thanks everyone - very much appreciated.

Just as I thought, tbh - if it's true about their daughter, then fair enough, I suppose.

If, however, it isn't true...how do I subtly remind them that they can't just rent out the place again after I've left? Good into about them not being able to let on the open market for a year after I've left

Hmmm

I only want to be here for 18 more months tbh, but this has pissed me off.

Plus, it's come at a bad time - I'm ultra busy/away/on hols til sept...I haven't really got time to look and sort somewhere else, although I am fortunate enough to be able to sort something in terms of money etc.

Just annoying...especially as we'd both been praising each other for how happy we were with the situation...

Anyway, my main worry would be that one of the old neighbours has been moaning to them about nothing again (the landlords do seem very keen not to piss them of - maybe as you would expect)...but, I don't think so...

How would you determine it isn’t true in order to ‘subtly remind’ them?

It’s a perfectly valid reason to give you to notice to quit. You could raise it with the Private Rented Sector team at your local council, they will log it and if the daughter doesn’t move in then they can take legal action / issue a fine to the landlords.
While it’s frustrating and an inconvenience to you I would just get on with looking for a new place.

I take it you're a landlord; fair enough.

Well, in my response to them giving notice, I just might hint that I know about the regulations regarding the next tenant i.e if it's not their daughter and/or the flat is rented out on the open market within the next year the Private Rented Sector team at the council will log it they can take legal action / issue a fine to the landlords.

Obviously not spelling it out, but...just making sure they are aware.

That’s a huge leap to a very basic question. No I'm
not a landlord, I rent my house. And I’ve been served a section 21 before so I understand the upset. But if you cant determine whether they are being honest or not there’s no point trying to make little remarks about it, it won’t change anything.

We lived in a number of houses over years, we’ve been put out because of a couple divorcing, a son moving home from Australia, the landlord being evicted-in one of those cases they sold on, it doesn’t really matter op, just start getting looking, 4 months is a good amount of notice and if you start hoping you can change their mind or have it put off you’ll just end up with a last minute panic over where to live

It literally happened to me in February, only it was a granddaughter and I was given six months notice. Yes it's inconvenient and a bit frustrating, but fast forward to now when I am happily ensconced in a new place and actually met the granddaughter on Monday for a coffee to catch up as she's new to the city and wanted to ask some questions. Looks like we're going to be friends which is nice. I think you have to trust people who have never given you reason not to.

Their reasoning is irrelevant…just focus on securing your next space.

Its a legitimate reason, no idea what you hope to gain by basically accusing them of lying
IF you see it readvertised then you could contact them/their Agent to remind them its illegal but for now just focus on finding somewhere else
Oh, and I am not a Landlord either

If they shared the Renters' Rights information with you in a timely fashion - which they did - and have given you the proper amount of notice - which they have - I think you can be fairly sure they know the restrictions about not re-letting and you don't need to subtly remind them.

I get it is annoying and inconvenient but seems like they are following the law.

you're right...just been told 48 jours ago and really gutted by this....hey ho.