Evicted for the 2nd time in less than a year!

[EvictedAgain]

AIBU to think this is just untenable?

Lsst landlord wanted to sell but did it really sneakily insisting we allowed viewings 4 months into a one year contract. We didn’t of course so were served with a Section 21 after 6 months.

We had to take current property last August (£500 month more than last place as nowhere else available). Now been served another Section 21 as landlord is not happy that we refused to pay for a professional gardener (his mate) which wasn’t in contract, or allow him to take the toilet seat that’s been in the property. This is revenge because he was unhappy about having to fix the shower and faulty dishwasher!

We are a large family and have loads of stuff. I can’t believe we’re having to pack up and move again!

AIBU to think that LL’s shouldn’t have the power to kick people out of their homes at whim and notice should be 6 months not two months?

Just answering the bit about eviction/section 21. Op says in her title being evicted again. If a landlord wants a tenant to leave they have to serve a section 21. This is a request for op to leave and find another place to live.... if op does not leave after the section 21 the landlord can then start the eviction process. He can't start ot with out giving the section 21.

And that is a fact.

"Lsst landlord wanted to sell but did it really sneakily insisting we allowed viewings 4 months into a one year contract. We didn’t of course so were served with a Section 21 after 6 months."

Was there a break clause? Usually landlords can't issue a section 21 notice during a fixed term, not unless there's a break clause.

"We had to take current property last August [...] Now been served another Section 21"

How long is the fixed term and is there a break clause? As above, they can't issue a S21 during the fixed term without a break clause.

Some PPs seem to think that tenants have to leave by the date on the S21 notice. They don't.
https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction

Exactly.
@Justasking49 There's a huge court backlog atm so being issue a Section 21 and being evicted are very different things. OP may well find, if she stays put the warrant for possession may take a while to appear anyway.

In any case. S21 can be used at the end of a fixed term tenancy only. Therefore, OP can also give notice and move. I am not sure why with such a large family she chose to sign a contract for 6 months or with a break clause...

@BounceHighBaby How's the air up there?

Op, it's a terrible situation, I can't really believe the landlords on the thread saying they would also evict you for not paying 200 pounds to cut their hedging or for insisting the landlord can't take the toilet seat.

Yes unless op can find another home. She will need to stay till actual eviction. As the local council will say she made herself homeless if she does not . That could take 6-9 months ish to go through .

With the 6 month thing I know that my local council try and find families private rents. They used to ask the landlord for a years contract. Now they settle for the 6 months.

it isn’t just landlords on the thread who are saying that they understand why the OPs landlord wanted rid of them as they come across as antagonistic and confronational

Agreed with these
Yanbu. The English system is awful.
This. No one should have to rely on a capricious landlord for their home. A roof over your head isn't a luxury.

Honestly, folk who are commenting otherwise do you rent? The landlord's wanting their pals round to do stuff pisses me off (I know plenty of workies who can do stuff for me and their pal is never professional usually does a shit job, I recall one landlord wanting to create another bedroom in something smaller than a box room (didn't have a window, put up a fake wall and kept smoking in the flat for over 3 weeks for a stud wall)

You are not coming across well here OP. None of us have any skin in the game - we are not the landlord, yet your responses are quite aggressive and argumentative. I imagine your responses to the landlord are either equally aggressive or argumentative or moreso. Whether you are standing up for your rights or not, the tone of your responses puts you in problem tennant category. With the risk of section 21 being outlawed, any tennant at risk of being a problem Tennant is currently quickly given section 21. There is huge backlog in the court system and with a change of government imminent landlords are being pro-active.

The toilet seat thing is probably because you have had the shower and dishwasher fixed, the hedge is not to standard (in the landlords eyes) and it is likely that if the toilet seat breaks you will be phoning for that fixed or like for like. It would have been better to say they can take the toilet seat and ask for it struck of the inventory and replaced with a basic one.

Laylandi hedges are notorious for maintenance and can grow and get out of hand quickly. With restrictions on trimming during nesting season, January is a good time to do it. Again, it would have been better to say you had done your best, you had struggled with the height, you are happy to go 50/50 for maintenance x times a year, you will get quotes. Many many tenancy agreements do stipulate gardeners for maintenance, especially those with trees/ hedges or lots of grass purely because Tennant's don't always upkeep the gardens and if they do not the frequency a well maintained garden needs.

Unfortunately you are the party at most risk here. Tennants are 10 a penny and there is a shortage of rental stock. As a large family rental stock is even shorter. With 2 section 21s under your belt in a short space of time you are at risk of been seen as a red flag. It's a matter of picking battles here and been as open to solutions as possible with the current rental market. Been honest and saying, look we trimmed the hedge ourselves as money is tight, is likely to get the landlord to offer to pay half or say they will cover costs 1x per year. Please please try not to go down the bailiff route or withhold rent, you may well end up with a CCJ against your name and a poor reference which restricts your choices further.

This thread is bonkers. If landlords want professional gardening they need to pay for it themselves or put it in the contract. And no, they cannot just waltz off with a fixture that is in the inventory. It is not "demanding" to expect the contract to be upheld. If a homeowner cannot detach their legal obligations from their personal attachment to a property, they really ought not be a landlord.

Yes, I rent. Always have. Always will. Last house I was in for 16 years, been in this one for 7.

I'm even more confused about the timeline now.

On the other thread moaning about the landlord asking the plumber to replace the posh bidet cover with a normal one, the OP says she's been in the house for 7 months. This was at the end of January. So moved in in May/June, not August.

Where is this mysterious other thread I can't find it

Different user name, same story. End of January.

I searched toilet seat and bidet couldn't find anything

I'm not linking it for obvious reasons. But it's there. Mentions the Leylandii as well.

Ah found it. How odd.

I'm not, actually. Have been a tenant in the past though, now a mortgage free homeowner.

When I was a tenant, we took great care of the property and played by the rules.

This ^^^

OP is their own worst enemy. Nightmare, belligerent tenant thinks the LL owes them everything.

I think renting is uncertain and difficult. I think being evicted and having to find somewhere new in the current climate is massively stressful.

With that in mind, I'd try to be an excellent tenant who was as accommodating as possible over issues with my landlord. With a large family, I wouldn't be putting myself in a position where someone thought it preferable to get rid of me, rather than deal with my behaviour any longer.

Me. Birds start nesting late Feb so they need doing well ahead of that. We had ours cut last month.

An S21 is a request to move out. Not a demand.

If you can't find anywhere then you don't have to leave, but if the LL takes it to court then you'll end up having to pay costs too.

Sounds like a poor LL so might be a good idea to find a better one!

Landlord does not have to supply these if the tenancy puts the onus on you to jeep the garden which includes the Leylandi in order.

You have already changed your mind from it being OK to it being OK except the part we couldn't reach.

Is this year your first year in private rentals and have you previously been in social housing ?

Maybe their pal is a professional tree surgeon? I use my pal who is an electrician and my pal who is a plumber to do work for me.

The point is the tenant does not have to pay out for a Gardner. The tenant can do it themselves they do not have to pay out for a Gardner if they don't want to.