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?

You’re completely in the right OP. She’ll need to find something else until the end of your tenancy.
i’f suggest you ask her to speak to shelter herself abs they can explain it to her.

My understanding was that ground 1 was mandatory but if the LL had not given prior notice at the start of the tenancy then they had no grounds.

I know about Fernandes v Pavardin but the question there was whether verbal notice was valid in the absence of written notice. The LL won because the tenant agreed that verbal notice had been given at the start of the tenancy.

I don't know of any other relevant precedents that would turn mandatory ground 1 into a 'de facto discretionary ground' when the LL has definitely not given the required prior notice either verbally or in writing. I would be interested in anything you have.

Also, how would it make a difference if the LL had lived there or not? Ground 1 (b) is just as valid (or not valid) as Ground 1 (a). The LL in F. v P. was not even seeking possession for herself, she wanted to let the property to her son and she won.

I'm sure as you say that it's all about practising the law so you will be able to show where such important precedents come from.

Thanks, everso

We have changed the locks.

Shelter told me that even if our tenancy agreement prohibits it, unless we cause damage in changing the locks then the only recourse that the landlady has is to have us change them back at the end of our tenancy which we'll do anyway.

Don't change the locks. Add a bolt on the inside of the door. Record and conversations. Be very polite and if she swears at you this along with knocking on your door and asking you to leave and ringing 3 times is actually harassment. If it continues ring the police and lodge a complaint.

That won't stop the woman entering when they are out!

@GuinnessBird this is excellent advice - contact your council asap. Shelter has a good guide for dealing with harassment.

https://england.shelter.org.uk/housing_advice/eviction/harassment_by_a_private_landlord

Change the locks, keep calm heads, document everything, stand up for yourselves and keep yourselves safe. She's landing herself deeper and deeper in the shit.

No she can't. There's a contract in place until next February

Glad your dh has done a quick lock change - agree with those saying its fine and just put the old ones on when you move. Love the idea of swapping back and front door locks.

Glad you have changed the locks, we refrained from doing this at first but our landlord kept letting himself in when we where out. Police weren't interested. So we swapped the locks from front to back so technically he still had keys to enter. We changed them back when we moved. I really do feel for you - it really is a stressful time

I am glad there is an agency involved, she can go and shout at them

Wow, the amount of people not RTFT and who have pretty much zero knowledge is staggering.
She can't end the tenancy given what you've posted - it's as simple as that. Even past February she'll need to go through the eviction process if you drag your heels - she can't just turf you out on the date the tenancy ends (it'll automatically turn into a monthly rolling contract on the date it expires).

Stay put, stay safe and remember it's YOUR home (I am a LL).

Exactly. Who the hell reads the OP, doesn't even flick through the 160 previous responses and seriously thinks that posting a response to a complex legal problem that is based on 'what they heard/assumed' is either helpful, relevant or appropriate?

Make sure you take screenshots of the call log

You sound lovely. Wish there were more LLs like you.

Im a landlady of a few properties. Id say negotiate with her. If this was me and I needed a property back urgently, Id be prepared to soften your blow by putting my hand in my pocket for a few thousand.

She’ll get you out anyway, but negotiating may be a win win for you.

You’re safe h til end of your contract when she will have to give proper notice. Finding another rentals right now is a nightmare, I would not try to move to help her out.

I’m so glad you rang shelter and didn’t take some of the advice here. Crikey.

How will she get them out anyway? Love to hear this from the landlord of a few properties. Because there are literally no legal grounds to evict.

Obviously not until the contract ends, and via a court order if necessary but she will eventually win. Such a situation is very stressful for tenants - its not like on the TV.

I once gave one of my tenants a YEARS rent to leave so I could sell and they snapped my hand off.

I would notify the police so they are aware, I doubt she's going to back or given her behaviour and I'd anticipate WW3 over the locks being changed.

Yes she can give you 8 weeks notice. If you refuse then she can take you to court - the process will take 6 months.
sounds as though she’s having a tough time and needs her home back. It’s not yours, it’s hers. Is it worth the hassle? You’re going to have to move anyway and it could well fall just before Xmas if you resist.

We got ours out via courts under section 21. It took just under 6 months. Contact was for another 5 months.

Sect 21. Took 6 months.

Firstly the period of notice is 2 months not 8 weeks and secondly the landlady cannot issue the notice until 2 months before the tenancy expires. The landlady has to carry out the process in a legal fashion, not arrive at the property shouting at the tenants. She is obliged to behave appropriately and in a manner conducive to being a professional landlord.

Why reply when you have no clue of rental law?