Landlady wants the house back

[GuinnessBird]

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?

So it's a business when she wants the money but her home when she needs it? Screw anyone who might be paying for the service she agreed to provide

But it does cost that much to move house. It’s a couple of thousand pounds and still very stressful or a bit less and an absolute nightmare. Why should a tenant have a huge bill like that when they’ve signed a contract? And that’s if they can find another rental property.

Especially when there are no problems with arrears or damage to the property.

I'm a landlord and you absolutely can change the locks as a tenant. What you must do is ensure that when you move out the original lock and keys are fitted and handed back.

Tenants are afforded peaceful enjoyment of their property for the duration of their tenancy. If no one is going to try to get unauthorised entry why does it matter if the tenants have changed the locks?

Changing locks may normally be a breach of a tenancy agreement but would not be grounds for eviction if the tenant had a justified reason for doing so. Landlord screaming at them get out of my fucking house would absolutely be a justified reason. Nothing could be further from quiet enjoyment and they are clearly unhinged.

Personally I would change the locks immediately and also log it with the police.

The Landlord absolutely cannot uproot the OP mid tenancy especially when there’s no break clause in the contract. I’d love to know how that’s incorrect advice.

@ItsBritneyBitchhhh A landlord absolutely does have the right to end a fixed term contract mid term without a break clause in certain circumstances with as little as 2 weeks notice eg they need to live in their home or the house is being reposessed by the mortgage company. I quoted the relevant section of the Housing Act 1988 in one of my previous posts. However, they need to notify the tenant of this before the tenancy begins. Standard ASTs usually have a section stating these statutory grounds for posession for this reason. Luckily for OP, it seems the landlord has messed and didn't include that in the AST.

@GuinnessBird Did you rent through a letting agent? Maybe you should email the landlord (as I doubt she is calm enough to listen) and explain that she cannot reposess the house to live in under Section 2, Ground 1 of the Housing Act 1988 because she did not include that clause in the AST or notify you in writing before the tenancy began that she may need to reposess the house in these circumstances. Suggest she complains to whoever wrote the AST and/or did not advise her to include that clause - the letting agent or solicitor. She may be able to pursue them for any losses. That might at least take the heat off of you if she focuses her ire elsewhere 😂

Ground one is only a mandatory ground if notice was served prior to the commencement of the tenancy advising the property may be required for the landlord or spouse. It becomes a de facto discretionary ground if notice has not been served prior to the commencement of the tenancy, it will then become dependent upon equitable principles and whether it's appropriate taking into account all factors. I can assure you there is not a cat in hells chance of the landlord getting a possession order if she hasn't lived in it for five years and had a procession of tenants and has not conducted herself in an appropriate manner, which on the evidence, she hasn't. Hope that's clear enough for you.

what a cow.

the only advantage is at least you have prior notice so can start looking a bit earlier (although only when suits you, rather than now!) rather than her only giving you one month's notice if she'd waited until January to tell you she wouldn't be renewing the lease.

I would be making absolutely sure that when you do leave you give her no reason to hold your deposit either (I know it should be in a protected scheme etc.), including literally doing a video record of the entire property showing no damage when you leave, etc. as she sounds unreasonable (and disorganised) enough to try and pull a fast one.

If you don't have a ring door bell maybe consider getting one/a cheap camera, as even if you change the locks (check you are able to do this under your contract), a recording of her trying to get in without giving you the required advance warning would be good evidence if needed.

I’d negotiate a deal. Assuming you think that you’d be able to find somewhere else, that is.

Legal issues aside, you might feel on edge until February otherwise.

Horrible woman. Going through a split doesn’t give you a free pass to poor behaviour.

We have a Google doorbell.

DH has nipped to Wickes to get a new lock for the front door, of course we'll keep the current one so that it can be swapped back when we leave.

Landlady didn't strike me as being like this but to be honest we've not needed to have that much interaction.

I don't agree that DH shouldn't have used a swear word or two, it wasn't aimed directly at her and at that point she was belligerent, DH ended the call by saying please leave us alone, if you want to scream at someone I suggest the lettings agency.

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.

Yes, I think this is a good idea. But yes, you do legally have it until Feb next year. Unless there is a break clause.

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

Make any early move out predicated upon this. Put everything in writing from now on including confirming in writing any verbal conversations so far, get advice from Shelter or a lawyer, and make sure that what you are offering to do is clearly only if you can and not a guarantee to her that you will move early.

We rented a flat a few years back, started as a 6 month contract then she took it to rolling contract. She put a letter in our postbox once saying she needed to give us notice as her son had nowhere to live...then a few days later said actually he's sorted now so you can stay. After that we lived on edge thinking she could do this again at any time....and she did, at the worst possible time. DH dad was dying at the time and we had to find somewhere else to live and clear out the flat. After that we never rented again. We were lucky enough to move in with family to save for a deposit.

In your situation I know you could legally stay till Feb, but do you need the stress of this landlady? I'd be looking for somewhere to move now, obviously take time to find somewhere suitable for you but ultimately your days there a numbered if she wants you out.

If the tenancy agreement contains a ‘break clause’ specifying that you can or the landlord can end the tenancy early then I believe she is well within her rights.

OP has said there is no break clause.

I was a landlady. Whilst I appreciate this is stressful please please don’t change the locks. You’ll be in serious breach of your contract if you do and stand to be in a lot of trouble legally. Let me send you a link hang on..

In a pinch, if you have similar locks swap front and back doors over. Good luck OP.

Bollocks.

The landlord has turned up at the property unannounced, told their tenants they want them out without any legal basis to do so, has called them continuously and screamed obscenities at them.

This is harassment and intimidating behaviour, and the tenant has every right to change the locks for their own safety and peace of mind.

@Peacepudding i agree her behaviour is awful and not right. I do. But she’ll have the upper hand if they make changes to her property without permission.

The OP does not have to leave until the end of the fixed tenancy unless there’s some sort of break clause which she’s said there isn’t. The options are still tight until February or find somewhere else and offer to leave. But making changes only plays into her hands. Whilst it’s their home it’s still her house. Changing the locks gives her extra grounds to try get rid of them

The landlord will only know they've changed the locks if she attempts to gain access with her key, without permission. In which case the landlord would be in far more trouble than the tenant.

This landlord clearly doesn't understand tenancy law and is unpleasant to boot. I wouldn't put it past somebody like that to let themselves in and start turfing belongings out. The OP has to protect herself against that and hopefully the locks have been changed by now.

So long as you keep paying rent and keep to the terms of your tenancy contract, you are secure until the end date on it.

However, since you now know it won;t be renewed, having plenty of notice is to your advantage. You have seven months to look for another place, and if you find one you're in a very flexible position . You can offer the new LL any entry date that suits them; and it will suit your current landlady to let you break your contract early. With luck you should avoid that awkward situation of either, renting two places at once, or having a gap betwen tenancies where you have to stay with friends/ hotel etc.

I'd talk to your present LL right away to see if she'd welcome an earlier termination. If you were very lucky, she might even offer you a cash incentive to leave before December/New Year (which is a dire time to be househunting).

Not at all! As long as they replace the locks as were and enable emergency access they can change the locks.

I work in lettings op.

If you're in a fixed term, you have a right to stay for the duration. And your landlord cannot ask you to leave before the last day of your fixed term, and she has to serve you with at least two months of written notice in the form of a section 21 notice.

If there's a break clause in the contract (normally right near the end, in a clause entitled 'termination' or something similar, your landlord can use the break clause to end the tenancy early. Generally though if there's a break clause the tenant has to be told about it before the contract is issued.

Do NOT be pressured to move out before February.

Check your contract OP changing the locks is considered a major change and if not allowed a breech of tenancy

A) no it's not
b) how would the landlady know she has done it?

No they can't, only if the tenant is on a periodic lease. If a fixed term lease LL must give 2 month's notice so give you notice in December to leave in February. That gives you plenty of time to look around for somewhere else to live. Sorry you are losing your home.