Landlord

[newtoengland2014]

We moved into our house a couple of months ago signing a fixed year lease. After 3 weeks our landlord who had moved to another part of the country, decided they didn't like it (mainly their child didn't like it) and asked if we could move out. As we had just moved from overseas, been in serviced apartments for three months and the kids started at a new school, we said no, and they seem to understand this. But since then, every month our landlord either comes round or text us asking us to leave. We were hoping to settle into the area and see how we liked it before buying a house. We are now running around trying to find something we like. We have rented overseas for the past five years so really don't want to rent again. We did find one house we like but unfortunately that has fallen through this week. Now are landlord as said she wants us out in 3 months as she has booked in for surgery and she wants to been in her home by then (she is in rented property nearby) I understand this but this will mean a might mean us rushing to buy or renting again which will mean two more moves for us. Does this seem fair? Our lease is not up until August.

Did you post about this before ? It depends on the exact wording f the lease bit for an assured shorthold tenancy the minimum term is 6 months usually with 2 months' notice issued on a specific date when you pay rent. If the contract is for 12 months she cannot issue notice until you have been there 10 months unless you mutually agree an earlier date. You could contact Shelter for advice on your legal standing and how you can approach her , or the agent if there is one, to stop any harassment in the meantime.

She cannot do this, however much she might want to. If it's a 12 month tenancy as you say, then she'll have wait. Is your deposit correctly protected?

Do you know whether they bought or rented where they moved to? I suspect they have a 6 month AST and will need to give notice to their LL at the end of January in order to move out at the end of February (their minimum obligation re: the rent).

They should find a 6 month rental and leave you in situ. It's one thing to want to be co-operative, on your part, but they are taking the piss. Even if you find somewhere to buy this week, there is no guarantee you'll complete quickly. And you are legally bound to pay rent for the 12 months.

In your position I would put in writing to the LL your understanding of the legal position, tell them you appreciate the difficult situation they find themselves in and point out you took a 12 tenancy precisely to give yourselves sufficient time to establish yourselves, ensure the area was one you liked and to find somewhere to put down more permanent roots if everything was working out. Should you find a new home and complete before the end of the 12 months you will happily agree to terminate the tenancy early, but they cannot attempt harass you out of your home in this way to suit themselves.

Actually the landlord can break the lease. Under the Housing Act 1988 they can give you notice to quit if they want to move back in to the property.

You need to work with the landlord and find a new place to live.

www.gov.uk/private-renting-tenancy-agreements/your-landlord-wants-to-end-your-tenancy

Have checked the lease and it says landlord is not able to break the lease until the lease ends. We have a corporate contract as it is actually with my husband work. She even told me, that legally she couldn't ask me leave. Would love to leave, but just want to do what is best for my family. Have explained all this to her in writing and to her face, but she is still asking! I understand but don't think I would have the nerve to pressure someone out of their home.

the law applies to her whether she likes it or not.

get your husband's company to write her a solicitors letter telling her to back off. You are entitled to peaceful enjoyment of the place for the duration of the lease. If she continues to harrass you, warn of further action.

do expect to be leaving in August though.

ah, right, just seen MinceSpy's post - that may indeed be the case.

you need legal advice ASAP. Also might be worth pointing out that if she is in a 6 month rental she may still be paying for that, even if she doesn't live in it.

She can ask.... but you can refuse.

She must of known the risk she was taking, giving it only 3 weeks in the new area is ridiculous and she is now being very unreasonable and its harrassment now, a letter from a solicitor sounds a very good idea.

Did she protect the deposit? If not the ball is very much in your court and you can threaten to go to court (and be automatically awarded 3 times the deposit) if she doesnt leave you alone.

Dont let her dictate where you live next and risk choosing the wrong place for your family.

Mince spy is indeed right.
She can also have it back for a minister/priest etc

It's a not very well known rule.

The absolute earliest the landlord can have possession of their house is 6 months after the date of the agreement, until then they must leave you in peace to have 'quiet enjoyment of the property'. They already seem in breach of this, but conversations are hard to prove. Keep all letters and or texts sent.
They HAVE to service a notice to quit not more than 4 months after you move in and HAVE to give you at least 2 full rental month's notice, so in reality if they don't serve the notice absolutely correctly they may have to give you 3 months notice otherwise if it goes to court the judge will throw it out. eg if your rent is due on the 4th of the month and they serve the notice on the 6th of the fourth month of the tenancy you don't have to leave until the 3rd of the 7th month. You see it's quite complicated to get right and they will need to take legal advice to do this correctly.

Be firm and point out that they are harrassing you.
But I would try and find somewhere before the sixth month is up, as if it does go to court and you find yourself evicted it could adversely affect your ability to rent in the future, if you need to.
They are idiots, as if you got the local council and the police involved they could be arrested!
I hope this helps and gives you a bit of breathing room.

Finally you do not have to leave the property until they have a court order to get you out and balliff to enforce the CO. No matter what they say! (although I don't recommend this for your own reputation/ credit or reference checks of the future).

One more thing. It does not matter what it says in the lease as 'Statutory Law' overrules anything that is contradictory eg the law says the landlord can have the house back to live in but your lease says you can stay there for 12 months. Law wins - but with the caveat that they can't have it back within the first six months.