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Original poster

Is my landlord above board?

16 replies

annrkey28 · 06/03/2016 21:20

My new landlord has just bought the house where I am a sitting tenant and would like a little advice. I have the impression he wants me out and doesn't want to go through the eviction process

I am a carer for my sick daughter so technically DSS and he offered me to move into one of his other properties he just bought (which is nowhere near as good as the house I'm in), do up this house then let me move back into this house in a few months time. I asked him why I can't just stay here while he does the work and he gave a vague answer about no being able to continue the tenancy from my former landlord through some legal reasons.

Now if he can't have me as his tenant now, then how can I be his tenant in his other property or when I return in a few months time?

Does anybody on here have any idea what legal impediment stops him continuing the tenancy I already have?. Is he trying to deceive me?

OP posts:

ABetaDad1 · 06/03/2016 21:23

Is this a private tenancy contract?

If the new LL wants to get you out he/she just needs to give notice (2 months) in the normal way surely?

Original poster

annrkey28 · 06/03/2016 21:25

I am privately renting. I don't think he would be willing to wait the 2 months. He is probably thinking I might take him through the courts which may mean more time and money for him.

OP posts:

ABetaDad1 · 06/03/2016 21:31

He just needs to give you a S21 notice and if you don't leave yes he has to go through the eviction process.

I don't see why the LL though cant just give notice if he wants you out. Why would he do something dodgy.

I agree, don't move out to poorer quality housing but he can just give you notice and then you can wait for eviction if you have not got the means to rent another property and then wait for the local council to rehouse you.

StEdmundsPippins · 06/03/2016 21:32

Ask him to put everything in writing - all the details - and make sure he signs and dates it. you need a paper trail and written evidence just incase your suspicions are correct.

As PP says, if he wishes to end your tenancy then he simply needs to give you two months notice - again in writing.

OliviaBenson · 06/03/2016 21:34

What is the work that needs doing? I think you are right to be wary about this. You could speak to Shelter or the CAB for advice.

Original poster

annrkey28 · 06/03/2016 21:38

Thanks for replies. To get a tenant from issuing a notice to quit to actual eviction could in a worse case scenario take perhaps 6 months, cost thousands of pounds and cause stress. If a landlord could get someone out in a few weeks with subterfuge he won't only have vacated this house but have me paying him rent for a lesser property. Two birds with one stone....

OP posts:

Original poster

annrkey28 · 06/03/2016 21:40

^^ he didn't say what work needs done and in my opinion nothing needs done. The house is in great shape....

OP posts:

ABetaDad1 · 06/03/2016 21:42

The LL is perfectly entitled to do up his house and sell it. The process of evicting you only starts after the S21 notice has been properly served and relevant 2 month period elapsed.

Just say you don't want to move and don't want the house doing up with you in it. You don't need anything in writing or indeed have any kind of discussion - there is a process that the LL has to follow. End of.

Original poster

annrkey28 · 06/03/2016 21:45

^thanks. He has only just bought the house and wants to be a buy to let landlord. I just can't fathom why he wouldn't be able to continue my tenancy as he says. Is it an insurance issue maybe?

OP posts:

whatsinanamereally · 06/03/2016 21:54

Insurance or mortgage issue likely. A lot of mortgage lenders and insurers won't allow dss tenants.

FishWithABicycle · 06/03/2016 21:55

More likely that once the work is done he's planning to turn around and say the rent on this place is now double what it used to be as it's done up all nice.

Don't agree.

Original poster

annrkey28 · 06/03/2016 21:56

^if it is a mortgage issue, then why can he let me back into this house as a tenant in a few months time when he is supposedly finished renovations?

OP posts:

ABetaDad1 · 06/03/2016 22:06

You don't need to worry yourself about the why and wherefore of the LL. Its not your problem.

If he has a BTL mortgage and not allowed DSS tenants that his problem. He can ask you to leave and evict you in a lawful way. I am pretty certain that if you agree to leave you will never be allowed back in the house again so if that is what he wants he can do it the legal way.

21stCenturyBreakdown · 07/03/2016 06:27

I asked him why I can't just stay here while he does the work and he gave a vague answer about no being able to continue the tenancy from my former landlord through some legal reasons.

I've seen your other thread - presumably he can't continue the tenancy from your former landlord because your former landlord has served you notice? (I appreciate that you're still looking into the legalities of that - but if it does turn out to be valid, you'd presumably need a fresh tenancy agreement from your new landlord in order to stay his tenant - whether that's for your current house or not).

bimandbam · 07/03/2016 06:44

If your previous ll gave you notice I don't think that s21 will be enforceable as only the property owner can apply to the court for possession.

Did you pay a deposit for this property? Has this been transferred to your new ll? Not 100% sure but I think the process is that it needs to be returned to you then given to your new ll when you sign the new ast.

I would in your situation contact shelter fir advice. If non of the work is essential I am pretty sure you can refuse access for the ll to do this work. Getting it tarted up to sell or relet to someone else is not your problem and you shouldn't have to be inconvenienced by workmen and the ll traipsing around.

I would ask the ll for a schedule of works to see what he wants to do, then decline in writing to have it done. Unless it's essential he can't insist.

And definitely don't leave the property if you don't want unless you absolutely have to.

This might be a bit of a blow to your ll but if he had big plans for the property he should have bought one with vacant possession. It is your home and it is up to him to make sure he does the relevant paperwork.

If you did pay a deposit and it hasn't been transferred to you, you could just forget to.mention this until the first court hearing if he does serve a s21. Make sure you have evidence of the deposit you paid. If it is not correctly registered and he serves notice it is invalid so he would have to start all over again. If he uses accelerated possession there is a form you respond to. Just raise the deposit issue on that.

Original poster

annrkey28 · 07/03/2016 09:14

^ Thanks for reply. This new LL is technically my 3rd LL in this property. The last LL (my 2nd) didnt take a deposit as all the carpets, furniture, white goods and shed are all mine, that and the house were in great shape. I have no deposit coming my way so dont have to worry about that.

OP posts:

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