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Original poster

Landlady wants the house back

253 replies

GuinnessBird · 21/06/2023 15:40

Our landlady knocked on our door this morning, she's split up with her partner and wants her house back but we signed a contract in February this year for a twelve month lease.

We've never missed a rent payment and the house is immaculate so there’s no reason she can give other than that she wants the house back.

Where do we stand? Can she ask us to leave before February next year?

OP posts:
SerfnTerf · 21/06/2023 15:44

No she can't!

Contact Shelter for more specific advice but bottom line is the house is yours for the duration of your contract.

Stratocumulus · 21/06/2023 15:48

I’m a landlady .
As above, she cant break your contract before February 2024. (Anymore than you can without continuing to pay rent up to next Feb.)
She will also need to give you 2 months before your contract ends too.
Contact Shelter for advice.

Stratocumulus · 21/06/2023 15:49

2 months notice!

Peppermint81 · 21/06/2023 15:54

She can give you 2 months notice.

No point fighting it, it's her house. Not worth the stress for either party.

I would start looking for another place to rent pronto, she will be flexible and will let you move out as soon as next place it ready I'm sure.

ThursdayFreedom · 21/06/2023 15:55

I'm sorry, it's horrible to be losing your home & having to find another rental.

Given you're going to have to leave in Feb anyway, I'd rather do it now (summer) tgan Feb is the dark cold weather.personally I'd say to her that I was sorry about the reason she wants her house back & that we'd start looking with a view to moving as soon as possible, but as the contract is until February you won't be moving into anything that doesn't suit you just as well.

at least you know you'll get a glowing reference!!

Stringervest · 21/06/2023 15:55

Disagree with the above, it's her house but it's your home. Contact Shelter for advice. Sorry this has happened OP. The tenancy laws in this country need to be more protective for tenants.

Newusernameaug · 21/06/2023 15:55

I thought a landlord can issue a 2 month notice at any point?

Peacepudding · 21/06/2023 15:58

Newusernameaug · 21/06/2023 15:55

I thought a landlord can issue a 2 month notice at any point?

Not in the middle of a fixed term tenancy they can't!!!

CovertImage · 21/06/2023 16:01

Given you're going to have to leave in Feb anyway, I'd rather do it now

What, 8 months early. Is this a joke?

Geo42 · 21/06/2023 16:02

If you have a formal agreement I would think you are safe for it's duration. But as others have advised Shelter should be consulted asap

EscapeRoomToTheSun · 21/06/2023 16:03

Peppermint81 · 21/06/2023 15:54

She can give you 2 months notice.

No point fighting it, it's her house. Not worth the stress for either party.

I would start looking for another place to rent pronto, she will be flexible and will let you move out as soon as next place it ready I'm sure.

No she can't. That is untrue. They have signed a contract!

Check your contract for a break clause tho. Advice from shelter or your local renters union.

Collaborate · 21/06/2023 16:05

2 months notice? The state of some people who come on to Legal and post such nonsense is staggering.

TonysGaff · 21/06/2023 16:06

I think she can apply to the courts for possession of the property befoe the end of the fixed term under The Housing Act 1988 if the property was previously her main home and she needs to live there. There should be a clause in your contract about it that gives the "statutory grounds for possession" (if not, I don't think she can):

Mandatory grounds 1 to 8 for possession

Grounds 1 to 5 are prior notice grounds which means they can usually only be used if the landlord notified the tenant in writing, before the tenancy started, that he intended one day to ask for the property back on one of these grounds.

Ground 1
Landlord[s) requires the property back in order to live in it.

This ground can only be used if before the tenancy the Landlord had lived in the property as his / her main home and before or at the time the tenancy begins the Landlord gave the tenant notice that they might eventually want possession for this reason.

35965a · 21/06/2023 16:06

Contact Shelter. She needs to issue a valid s.21 which she can do for the end of the fixed term but not before. Loads of people here will be commenting ‘but it’s her house, just move out.’ Absolutely DO NOT

Original poster
GuinnessBird · 21/06/2023 16:08

I'll contact Shelter shortly.

Unless we absolutely have no choice, we will not be moving out eight months early, it might be her house but we live here and we have a contract for the next eight months.

OP posts:
SueVineer · 21/06/2023 16:10

Op - where is the property as the answer is different in different parts of the uk.

DoraDunebug · 21/06/2023 16:10

Since you’d be liable for the rent til February if you were wanting to break the contract early, I’d offer to leave if she’ll cover the rent on your new place up til February.

Original poster
GuinnessBird · 21/06/2023 16:10

SueVineer · 21/06/2023 16:10

Op - where is the property as the answer is different in different parts of the uk.

We are in England.

OP posts:
Cucucucu · 21/06/2023 16:13

Tell her you will only leave in February unless you want to consider leaving before then she should compensate you for the loss of moneys ( consider what that would be from moving van to new curtains , loss of work days , reference with agencies , time to view homes etc I would say at least a few thousands ) and ask her if she is willing to pay for it plus your deposit back early so you can use it on a new rental . You owe her nothing

TonysGaff · 21/06/2023 16:13

Can you check your contract, @GuinnessBird, and post what it says about grounds for possession?

PPs are giving you very bad advice. In this case, the landlord would issue a Section 8 notice, not a Section 21 notice.

If this was the landlord's former main home and your contract notifies you that the landlord may seek possession if she needs to live at the property, she has grounds to evict you before the end of the fixed term.

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

If you get a section 8 notice

Know when your landlord can give you a section 8 notice, check your section 8 notice is valid and find out what to do if it's not valid.

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice

Original poster
GuinnessBird · 21/06/2023 16:15

TonysGaff · 21/06/2023 16:13

Can you check your contract, @GuinnessBird, and post what it says about grounds for possession?

PPs are giving you very bad advice. In this case, the landlord would issue a Section 8 notice, not a Section 21 notice.

If this was the landlord's former main home and your contract notifies you that the landlord may seek possession if she needs to live at the property, she has grounds to evict you before the end of the fixed term.

https://www.citizensadvice.org.uk/housing/renting-privately/during-your-tenancy/check-your-section-8-notice/

That is not mentioned in the contract and neither is a break clause, I checked that immediately after the landlady left.

OP posts:
FloweryName · 21/06/2023 16:19

Cucucucu · 21/06/2023 16:13

Tell her you will only leave in February unless you want to consider leaving before then she should compensate you for the loss of moneys ( consider what that would be from moving van to new curtains , loss of work days , reference with agencies , time to view homes etc I would say at least a few thousands ) and ask her if she is willing to pay for it plus your deposit back early so you can use it on a new rental . You owe her nothing

Don’t be ridiculous, a landlord doesn’t owe anyone thousand for the time it takes to find their new home or move into it.

The fact that you’d want to fleece a landlord for thousands for no valid reason shows what sort of tenant you’d be likely to make. Exactly the sort that landlords try to avoid!

I agree that OP doesn’t have to bend over backwards to make this as easy as possible for the landlord, but I can’t see why you’d want to kick someone when they’re obviously down either.

SueVineer · 21/06/2023 16:24

Collaborate · 21/06/2023 16:05

2 months notice? The state of some people who come on to Legal and post such nonsense is staggering.

Are you saying op can’t be evicted with 2 months notice? Looks to me as if she can.

TonysGaff · 21/06/2023 16:30

It doesn't have to be in the contract, @GuinnessBird, but I believe in that case the landlord will have to prove that you were notified that this could happen before you moved in - ie they told you orally or it was in the ad or they wrote to you.

I'm not a lawyer though, just a landlord and former housing advice volunteer (who had access to lawyers to check with).