Witholding my rent AIBU

[littledragon99]

I'm a woman in my late 40s, living in a 3-bed Victorian terrace in West London, where I pay £1,200 a month with all bills included. I signed an AST in May.
I work in recruitment and DJ on the side. Despite being skilled in my job, financial difficulties have arisen following my mother’s death, and I've struggled with timely rent payments. I’m currently in therapy to manage my depression.
Recently, my landlady has begun Airbnb-ing the living room, removing the communal space I was paying for. Given this change, I believe the £1,200 rent is no longer justified.
Additionally, she inappropriately contacted my boss, (my boss was my reference) about paying rent directly and has threatened eviction. I’ve consulted Citizens Advice and suspect my deposit wasn’t placed in a Tenancy Deposit Scheme (TDS), which may breach legal requirements.
Due to these issues, I’ve withheld my rent since August 1st and am prepared to take further action if needed.

What if the LL just moved back in & changed the locks?

@littledragon99

STOP

stop with the ' what if's '

what advice did you take from this thread - have you contacted Shelter ?!

have you paid the rent you are ' withholding ' ?!

have you made an appointment somewhere for help with managing debts

have you set up a standing order to pay your rent

where will you be living on Sept 10th ?
as surely you don't think the landlady will renew your tenancy

have you done anything, or are you just hoping the landlady does not turn up in person to talk to you

Is your plan to just live there rent free until you're evicted?

Your tenancy is about to end, she doesn't need to renew it. Doesn't need to evict you. You just won't have a tenancy agreement and the therefore do not have the right to live in her house.

Have you bothered to speak to Shelter yet? They can probably tell you if she can simply remove your belongings and change the locks the day after your tenancy ends.

How do you know your landlord is not already getting advice / taking action...

what plans are you making for 10th Sept, are you spending your time finding somewhere new ?

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.

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

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.

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

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!

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.

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

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.

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

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.

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.

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.

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.

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...

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.

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.

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.

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.

@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.