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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:
ItsBritneyBitchhhh · 21/06/2023 16:30

You’re getting absolutely awful advice on here and you’ve even posted in Legal! Defo give Shelter a call when you can but she can’t just uproot you mid contract. Do not leave!

Original poster
GuinnessBird · 21/06/2023 16:34

SueVineer · 21/06/2023 16:24

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

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I'm on the phone to Shelter right now, what are you referring to so I can ask them?

OP posts:
SueVineer · 21/06/2023 16:35

GuinnessBird · 21/06/2023 16:15

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

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I think she can give you a section 8 notice to leave on the grounds the property was her home and she wants to move back in in the fixed period without any contractual provisions. Check with shelter though.

as it is she has not yet given you formal notice to quit

Original poster
GuinnessBird · 21/06/2023 16:38

SueVineer · 21/06/2023 16:35

I think she can give you a section 8 notice to leave on the grounds the property was her home and she wants to move back in in the fixed period without any contractual provisions. Check with shelter though.

as it is she has not yet given you formal notice to quit

Show quote history

The landlady cannot give me a Section 8, it isn't referenced in the contract and I've not been told any other way.

OP posts:
SerfnTerf · 21/06/2023 16:39

SueVineer · 21/06/2023 16:35

I think she can give you a section 8 notice to leave on the grounds the property was her home and she wants to move back in in the fixed period without any contractual provisions. Check with shelter though.

as it is she has not yet given you formal notice to quit

Show quote history

Was it her home? I haven't seen the OP say so.

TonysGaff · 21/06/2023 16:40

@GuinnessBird I would assume that SueVineer is referring to the same law that I am. Your landlord previously lived in the property as her main home and needs to move in because of the breakdown of her relationship. You need to tell Shelter that. You also need to tell them that the contract does not say that she may seek mandatory possession under Ground 1 of Housing Act 1988 (if you are sure it doesn't). I would make sure you have your contract to hand while you are talking to them.

Original poster
GuinnessBird · 21/06/2023 16:41

SerfnTerf · 21/06/2023 16:39

Was it her home? I haven't seen the OP say so.

Show quote history

It is but she's not lived here for about five years.

OP posts:
Collaborate · 21/06/2023 16:41

SueVineer · 21/06/2023 16:35

I think she can give you a section 8 notice to leave on the grounds the property was her home and she wants to move back in in the fixed period without any contractual provisions. Check with shelter though.

as it is she has not yet given you formal notice to quit

Show quote history

No she cannot. This is a further example fo the god awful advice being given by some. FFS.

A s8 notice is for fault based evictions - eg non payment of rent or anti-social behaviour.

A s21 notice is for no fault evictions. At least 2 months notice muyst be given and a court order cannot be applied for until after the expiration of the fixed period of the tenancy.

There is no special ground of the landlord wanting to return home to live. That is often the reason why landlords want to evict tenants buut they always have to rely on either a fault based ground (s8 notice) or wait until the expiry of the term (s21 notice).

That is where OP acan do a deal with the landlord - who is trying to seriously inconvenience them.

Has no one read the Shelter website? It's all there.

Original poster
GuinnessBird · 21/06/2023 16:49

Collaborate · 21/06/2023 16:41

No she cannot. This is a further example fo the god awful advice being given by some. FFS.

A s8 notice is for fault based evictions - eg non payment of rent or anti-social behaviour.

A s21 notice is for no fault evictions. At least 2 months notice muyst be given and a court order cannot be applied for until after the expiration of the fixed period of the tenancy.

There is no special ground of the landlord wanting to return home to live. That is often the reason why landlords want to evict tenants buut they always have to rely on either a fault based ground (s8 notice) or wait until the expiry of the term (s21 notice).

That is where OP acan do a deal with the landlord - who is trying to seriously inconvenience them.

Has no one read the Shelter website? It's all there.

Show quote history

Thank you, that's very helpful.

My husband has mentioned changing the locks, just incase the landlady does try to gain entry.

She wasn't happy that I didn't immediately roll over and start packing so I'm not putting anything past her.

OP posts:
Collaborate · 21/06/2023 16:54

Still check in with Shelter. As the landlord didn't give you notice before the tenancy started that she might need to return there to occupy it then she cannot apply for possession on that ground. She will have to wait until February.

YoucancallmeKAREN · 21/06/2023 16:58

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.

There is every point fighting it. She signed the contract as well. She will have to wait to February or pay the tenants compensation i.e 8 months rent.

toddlermom1 · 21/06/2023 17:04

Im a landlord for several properties and she cannot end your agreement early for this purpose! Stand your ground its not right to expect you to leave early

SueVineer · 21/06/2023 17:05

Collaborate · 21/06/2023 16:54

Still check in with Shelter. As the landlord didn't give you notice before the tenancy started that she might need to return there to occupy it then she cannot apply for possession on that ground. She will have to wait until February.

Contradicts what you said above. Can the landlord evict on ground 1 (she wants to move back into a property that was her home) or not?

ThisHeatIsKillingMeOff · 21/06/2023 17:07

You have till February.
Unless you did something stupid like not pay the rent she hasn't got a leg to stand on. Stand your ground.
Also she shouldn't of knocked on the door like that, legally supposed to give you 24 hours notice.

PencilsInSpace · 21/06/2023 17:07

There is no special ground of the landlord wanting to return home to live.

Yes there is. Section 8, Ground 1:

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/assured_tenancy_mandatory_grounds_for_possession#title-1

There are 17 different grounds for possession that can be used for a section 8 notice. Some but not all are for use when the tenant is at fault.

SueVineer · 21/06/2023 17:11

PencilsInSpace · 21/06/2023 17:07

There is no special ground of the landlord wanting to return home to live.

Yes there is. Section 8, Ground 1:

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/assured_tenancy_mandatory_grounds_for_possession#title-1

There are 17 different grounds for possession that can be used for a section 8 notice. Some but not all are for use when the tenant is at fault.

Another example of god awful advice….

PencilsInSpace · 21/06/2023 17:12

What have I got wrong @SueVineer ?

Susuwatariandkodama · 21/06/2023 17:13

She can’t ask you to leave during your fixed term unless their is a break clause in your tenancy agreement so definitely have a read through it and get on to shelter, if there’s no break clause then I don’t believe she can ask you to leave until your fixed term ends.

Peacepudding · 21/06/2023 17:16

PencilsInSpace · 21/06/2023 17:07

There is no special ground of the landlord wanting to return home to live.

Yes there is. Section 8, Ground 1:

https://england.shelter.org.uk/professional_resources/legal/possession_and_eviction/grounds_for_possession/assured_tenancy_mandatory_grounds_for_possession#title-1

There are 17 different grounds for possession that can be used for a section 8 notice. Some but not all are for use when the tenant is at fault.

Ground 1 would have required the landlord to have given the OP written notice before the tenancy began that they might want to take back possession. They didn't do that so they cannot serve notice

S0upertrooper · 21/06/2023 17:16

How many change of tenancies have there been since your LL lived in the house? I think if there's more than 1 (consecutive), it's considered a business and not her home.

I'm not 100% so I'd ask shelter.

PencilsInSpace · 21/06/2023 17:19

Peacepudding · 21/06/2023 17:16

Ground 1 would have required the landlord to have given the OP written notice before the tenancy began that they might want to take back possession. They didn't do that so they cannot serve notice

Show quote history

Yes I'm aware of that.

Nevertheless Collaborate was incorrect when she said section 8 was only for evictions where the tenant is at fault and that there is no special ground for the LL wanting the property back to live in.

PencilsInSpace · 21/06/2023 17:21

This is a useful article OP:

https://www.landlordzone.co.uk/information/ground-1-notice/

SueVineer · 21/06/2023 17:21

PencilsInSpace · 21/06/2023 17:12

What have I got wrong @SueVineer ?

It was a joke (not all that funny sorry) - @Collaborate said I had given “god awful advice” when I said this was a ground for eviction.

it does seem to me that two months notice can be given on the basis she wants to move in during the fixed term. Prior notice (that this could be sought) is supposed to be given but courts can waive if just and equitable.

it seems like a tricky area though and not straightforward - as I said op is best to contact shelter and get personal advice.

GU24Mum · 21/06/2023 17:21

If you're in the initial fixed term (which you've said you are), she'll have to wait.

What you may or may not want to think about is whether it would suit you better to have a look now rather than later. Suspect it will be harder to find a new place in Feb than now. If you find something you'd like, you could speak to the LL and say that you may be willing to leave early - and you could negotiate terms. Or just sit tight and see things out.

SueVineer · 21/06/2023 17:22

Peacepudding · 21/06/2023 17:16

Ground 1 would have required the landlord to have given the OP written notice before the tenancy began that they might want to take back possession. They didn't do that so they cannot serve notice

Show quote history

Courts can waive this where just and equitable though and it can be given orally (so she could claim she had given such notice)