Landlord evict tenants during fixed terms

[Gloriasub]

Hi all.

The landlord is not using section 8 or 21 to evict me and my pets.

He gave us two options - a) move out with the pets, b) just move out the pets.

He was saying he would waive the costs(early termination cost)

However, the break clause starts in Feb 2025.
Does it mean he is evicting us beforehand? Does it mean we are not obliged to the rent til then as it was an eviction?

Thanks.

Did he give permission for you to have pets there? If he didn't, he could claim you have broken the terms of the tenancy. This could possibly allow him to evict before the break clause.

There's a permission to have pets
There's a clause saying that he can revoke the permission of having pets upon reasonable grounds.

Do I need to pay the rent until the break clause even if I agree to leave with the pets?

You need to check the terms of your contract but I would think, if he has asked you to leave and you've agreed, no further payments would be due.
Check with Shelter or Citizens Advice though to be sure.

What is the reasonable grounds he is using to revoke permitting your pets?

Have they caused damage?

He can't just ask you to leave. He needs to serve notice. He can't use Section 21 but he could use a Section 8 using ground 12 if you have breached any terms listed in your agreement but it doesn't sound like you have.

I'd like to know this too.

Why has he revoked permission to have pets? He must have told you this and it is at the crux of all of this by the sounds of it?

My landlord won’t allow pets, but has allowed me permission to have my friends visit for a week with their dog in August because I look after the flat very well (much better than previous tenants apparently) and I have promised that the dog will be refined to non-carpeted areas and is not a barker. Plus I sought permission from my two neighbours with a shared wall/ceiling/floor too.

@Ariel45 @SickWithWorry123 @firewooden

We had been asking him to fix something, but he kept ignoring us. He finds us annoying (having too much to ask for or something)

As we have other flats in the house as well, there's a new tenant (another landlord) moved in and found the communal area stinks. (They consider it as pet smell.) so they have requested the carpets to be cleaned by professional cleaner in the communal area. My landlord has asked me to chip in, but I didn't as I believe it's the responsibility between the share freeholders in communal area and my tenancy is for "within the property"

He then reminded me he could use the clause in the tenancy about revocation of permission.

The thing is there's no reasonable grounds / solid proof for "cleaning / damages caused by the pets within the property"

Anyways, he gave us two options- either we leave with the pets or the pets leave and then we can stay in there.(maybe it's a mutual agreement? Therefore he's not using any sections?)

Not sure if I still need to pay the rent though as our break clause starts in Feb 2025.

We all "communicate " via the letting agent as he doesn't really wanna to deal with us.

He is kinda like serving notice by giving us two months to leave with the pets / the pets to leave.

But it's not a section or anything

Not sure when the law is being created or if its alright legal but it there is/will be a law that says you cannot stop a tenant from owning pets.

It is also illegal to evict without a good reason like not paying rent or selling house. Pets is not a good reason.

Look up the laws.

A landlord cannot end a Tenancy Agreement, only the Tenant or the courts can.

How on earth does the LL know it was your pet that caused the smell in the communal area?

@Ariel45 exactly.
According to him, we are the only flat that has pets

That law is not yet passed (I heard)
Besides, there's a clause in the tenancy saying that the landlord can revoke permission of pets upon reasonable grounds.

Some say that he has no reasonable grounds, but some said that he is saying so therefore I have no say but to evict the pets

That confuses me

Yea I thought so. Unless the landlord is serving section8 with grounds, he then can evict the tenant

Right now he is giving us two options, I think it is served as mutual agreement?!?

There is a step by step process in the circumstances you have described.

Firstly he must serve you written notice that he has revoked permission to keep pets and state what grounds he has for this, and how it is a breach of your tenancy agreement.

In the first instance he should ask you to resolve the pet issue, not go straight to they have to go.

Which you can then respond to, in writing to disagree with.

If he does not accept your written statement setting out why you have not breached your agreement, which he also has to do in writing, you can either get rid of your pets, or refuse to on the basis you do not believe you have breached any terms of your tenancy, again you must state this in writing.

Then, and only then, can he serve you with a notice to terminate your tenancy on the grounds of a serious breach, that you would not resolve whatever issue with your pets that he has set out in writing.

He would have to take you to court , and the court would have to agree that you have seriously breached your tenancy.

So all this informal nonsense you have described is just that, nonsense.

I not you have asked about paying rent. If you live there you pay rent, break clauses and notices to terminate have no bearing on that.

Finally based on what you say he is trying to get shot of you for whatever reason.

Indeed

I sent him an email, including the council and letting agent, asking for evidence and on what grounds they are using to revoke the permission. I stated my preference is to live with my pets until the break clause. If he doesn't agree with this, he should follow the procession procedure etc.

Then I asked the agent if he is serving us a section 8 or what. The agent got back to us saying the landlord is giving us two options with two months notice.

All of these indeed is nonsense to me. He definitely wants us out as we have been "complaining" about the things that he needs to repair and etc.

But I am going to call the agent again to clarify all these

To be honest, we don't mind leaving , but we just want to make sure there's no early termination cost / compensation for the "loss" that the landlord suffers during this period of time.

What kinda document should I ask them to sign? Deed of surrender?? (But does it apply for the landlord surrenders the tenancy?!?)

Thanks

As regards early termination, the landlord is seeking an early termination, not you, so he cannot make you liable.

From what you say he wants you out, and you are not bothered by this?

How will that affect any future tenancies?

You could try and negotiate a deal, of some sort.

However if i were in your shoes i would just tell the agent to follow the proper legal processes as described before, and be looking for alternatives in the meantime.

As the process is going to take him quite some time and money, if done properly.

You should still pay your rent.

What I concern is he is going to charge my rent until the break clause while I am no longer in the flat.

I would rather staying in a new place with a nicer landlord... with him, this is not going anywhere.... I have been asking the council to let him repair, but nothing is working....

I know he doesn't want us to be in there....
He would rather us out so that we won't bug him for the repairs...

Plus, I can't be sure if my neighbors have snitched me.. (as you know, not all of the neighbors like pets etc)

If you just leave, then yes you could be liable for rent, until the break clause, so you either negotiate a written deal to leave (that is to your advantage)

Or you sit him out, and insist he follows due process.

So tell him if he wants you to leave then you require a written agreement that pays you x, that you get your deposit back, and that he writes a positive reference.

I'm going to ask the letting agent to reconfirm there's no further penalties or compensation after the date we move out (except the cleaning and damages caused by the pets within the proper) given that the landlord has proposed tenants moving out with the pets in formal written notice.

Does this sound good?? Should I rephrase it??
Does it sound rude?

Write (a text is fine ) that you are willing to leave on xx date subject to….

No charges whatsoever, full release of your deposit, within 14 days, and a positive reference, that you require a copy of, prior to leaving.

And require written confirmation of above, in ful.

Good advice.

Little update: I was trying to ask them to clarify it and formalise this in writing

When I asked if I am liable on the rent until break clause, they said yes.

I then said sorry I can't move out then as I need that money to rent another place.

Basically, the landlord is trying to kick me out during fixed term and to have kept my rent!!!