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Legal matters

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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:
DismantledKing · 21/06/2023 18:20

You can all calm down now with the bar room lawyer stuff; the OP has got advice from Shelter and is acting on it.

mrsmoppp · 21/06/2023 18:20

If your contract has an end date you don't have to move out till then. I've recently been through this and fought it to the end - contact your local council for help. They will advise you on what to do - good luck i can totally relate to how you must be feeling

femfemlicious · 21/06/2023 18:22

If you agree to move make her pay through the nose. Why can't she re t somewhere else in the meantime ?

CockyTeeHunz4Eva · 21/06/2023 18:23

Fucking hell OP - your LL is the reason people hate LLs!!

I came on here, as an LL, to say there is absolutely nothing she can do unless:

  • you’re behind with your rent payments (‘in arrears’)
  • you’ve used the property for illegal purposes, like selling drugs
  • you’ve damaged the property

As I am sure Shelter told you.

If it's going to get shitty because emotions are high (her end) I would suggest you offer to let her 'buy you out'. If I needed my tenants to leave during a fixed term I would absolutely be expecting to compensate them.

If you are going to have tenants you need to understand the fucking law. Unreal behaviour from her.

sweetdreamstenasee · 21/06/2023 18:24

This is horrible for you both.

Locks changed as soon as you can to protect you and your things.

Keep a record of all interactions with landlady, including dates and times, also keep a record with any contact and advice from shelter, citizens advice ect.

GeriatricMumma · 21/06/2023 18:24

The honest answer is that no one can advise you without seeing the contract.

That being said, I wouldn't want to stay now as she may become a pain if anything needs doing in the property.

I'd take advise, but also state you won't be doing a tenancy clean and expect deposit back in full.

Tinkerbyebye · 21/06/2023 18:25

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.

@Peppermint81

only if the fixed term has ended or you are on a rolling contract

op is in the middle of a fixed term so no she can’t

35965a · 21/06/2023 18:25

GuinnessBird · 21/06/2023 18:19

I think based on what I can hear from DH''s phone we will be changing the locks.

From what I can gather the contract we have all signed is not the contract that the landlady thought we were signing.

She thought there was a break clause and a repossession clause in it, there isn't and I think I'm hearing a breakdown occur over the phone.

She's just screamed you need to get out of my fucking house and DH calmly said it might be your fucking house but we have a contract to fucking live here until February.

Bloody hell.

Id be calling the police in your shoes as she is harassing you. Turning up at your door, phoning repeatedly and screaming down the phone is harassment.

I have no sympathy for landlords who are clueless. If you’re running a business you make sure you know the relevant laws and regulations beforehand. Tough shit on her that she did not.

Cucucucu · 21/06/2023 18:26

FloweryName · 21/06/2023 16:19

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.

With all due respect landlords can and do offer money for tenants to leave early all the time . To avoid going through the courts . The landlord doesn’t need to offer anything but the tenant doesn’t have to vacate at her own cost until February so it’s a perfectly valid and legal way to solve a issue being fair to both parts

meatbaseddessert · 21/06/2023 18:26

Loquebanter · 21/06/2023 18:07

PP are right to say you do not have to move until Feb 2024 and that she needs to give you two months' notice before Feb 2024 if she wants you to leave.

FGS, don't change the locks, though!!

OP can change the locks if they like as long as it's not specifically prohibited in the tenancy, no damage is done and they do not prevent the LL from entering for lawful purpose. And they either reinstate old locks when they leave or provide a set of keys.

However I don't see the point of changing the locks anyway given there seems to be no implication of unlawful access by the LL.

roarrfeckingroar · 21/06/2023 18:26

Is there a 6 month break clause? If so, yes. But she must give 2 months notice,

WaitingfortheTardis · 21/06/2023 18:27

We were able to serve notice when we needed to move back into our home. We had rented it out when we had to move abroad and then had to return earlier than expected. We still had to give notice but because it was our only home and we'd lived in it we were allowed to do this legally (we checked before doing so). Our tenant was actually happy enough about it as he'd decided he wanted somewhere smaller. This was about 5 years ago though so things may have changed.

Womencanlift · 21/06/2023 18:27

I have been a tenant and was always told that changing locks is a breach of tenancy. Can completely understand why you would want to do this OP but at the same time you don’t want to get her any ammunition to get you out on a technicality

Irritatedmum · 21/06/2023 18:28

Did you get the house through a letting agent? Can they help with the landlord?

Imissingrid · 21/06/2023 18:29

OP, LL is obviously upset, no excuse to pass it on to you though.
Id suggest you follow advice of Shelter and also tell the LL all communications must be in writing. Try not to swear at her, either of you tempting though it must be, and keep a record of unannounced visits etc…

cherrywhite · 21/06/2023 18:29

Has she met her other legal obligations? Protected your deposit, got a current EPC, gas safety certificate, electrical report etc

Pearlsaminga · 21/06/2023 18:30

She's just screamed you need to get out of my fucking house
OMG!!!
She's not in control of herself at all is she, which makes it easy for you to take control of the situation, be as calm as you can, stop answering phone calls & make sure all comms are in written form.
I dont blame your husband for effing at her but it would be better to stay firmly on the moral high ground!

Cucucucu · 21/06/2023 18:30

Op do nit change the locks or if you do make sure the old are out back once you hand in the house . You can add to the existing locks instead of changing as an extra lock or security . Maybe cctv

roarrfeckingroar · 21/06/2023 18:30

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.

The laws have been changed towards tenants heavily over past few years. It's nigh on impossible to get rid of a non paying or problem tenant:

meatbaseddessert · 21/06/2023 18:31

I rescind my last paragraph given your most recent update OP. Shock

CockyTeeHunz4Eva · 21/06/2023 18:31

Cucucucu · 21/06/2023 18:26

With all due respect landlords can and do offer money for tenants to leave early all the time . To avoid going through the courts . The landlord doesn’t need to offer anything but the tenant doesn’t have to vacate at her own cost until February so it’s a perfectly valid and legal way to solve a issue being fair to both parts

100% agree.

Cucucucu · 21/06/2023 18:31

Plus contact the police if she comes around as she has nil right to interfere in your daily life

Pearlsaminga · 21/06/2023 18:32

is she likely to turn up 'mob handed'?

PencilsInSpace · 21/06/2023 18:33

PrincessofWellies · 21/06/2023 18:19

There is no chance a judge will grant a possession order on non mandatory grounds on the basis the landlord wants to move in when they last resided in the property 5 years ago. It's the difference between practicing the law and googling it.

Ground 1 is a mandatory ground.
Also it doesn't matter if the LL has never lived at the property - see Ground 1(b).

None of that matters in OP's case though because the LL failed to do prior notification.

Yes to changing the locks.

Featherhands · 21/06/2023 18:33

Just wanted to say i'm sorry you're going through this. Horrible situation and awful for you and your family.