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Original poster

She wants me out. What are my rights?

72 replies

Dilraj68 · 18/06/2022 17:41

So that dreaded day has come, my landlady is evicting me. She's giving me 3 months notice and I'll need to be out by 18th September. Estate agent will come to value the house next week and builders will be in to renovate the house ready for its sale.

Gutted is an understatement as we've loved this home so much. Landlady is also a friend which makes it a bit awkward as she's being a bit too cold and clinical. I understand she's got to get things done as she's living in America and doing things her end delays things cos of the time zone.

I always thought the LL is to give 6 months notice and not 3? She's insisting that we had an oral agreement ( moved in 5 years ago ) but I don't recall this. Hopefully it's in my contract and I'll check when I find it.

It's incredibly hard to find housing within 3 months and I'm open to areas out of our comfort zone even if it means me driving DD to school ( I'm hoping there's no disruption to her Year 9)

Any advice you lovely peeps?

OP posts:
RedPlumbob · 18/06/2022 17:46

It was 6 months, it’s less now, but don’t know what.

By law you don’t have to leave on the date on the S21, if you have nowhere else to go by then, you can’t leave.

It took me until 3 days before the Bailiffs came to get the keys for somewhere else, it was unbelievably stressful and now I have debt.

I have never, ever known the rental market to be like it is right now. Good credit, a high earning homeowner Guarantor, a great reference, and my own income isn’t shabby at 39K.

The issue I had was that I dated to get divorced from an abuser and now I’m a single mother. It went against me so often that I started to wish I’d never left him!

RedPlumbob · 18/06/2022 17:47

You also don’t have to allow builders in, I know she’s a friend but that would be unbelievably disruptive for you.

CloseYourEyesAndSee · 18/06/2022 17:49

No, it's not 6 months. It was extended from 2 months during covid but it's gone down to either 3 or 2, google it.
Moving is the only option you have unless you want to destroy a friendship permanently by staying past your notice period. Technically you can stay put until you're ready and she could try to take you to court and evict you but as I say that would destroy your friendship so up to you I guess

LIZS · 18/06/2022 17:49

AST is normally 2 months' notice on ll side, 1 on tenant, so 3 is more generous than most. However you don't have to allow access in the meantime.

Luredbyapomegranate · 18/06/2022 17:50

Check with shelter on your rights.

Original poster
Dilraj68 · 18/06/2022 17:51

Thank you ladies.

OP posts:
ChicCroissant · 18/06/2022 17:51

Landlords have to give two months notice so the three months notice that she's given you is fine.

RedPlumbob · 18/06/2022 17:52

CloseYourEyesAndSee · 18/06/2022 17:49

No, it's not 6 months. It was extended from 2 months during covid but it's gone down to either 3 or 2, google it.
Moving is the only option you have unless you want to destroy a friendship permanently by staying past your notice period. Technically you can stay put until you're ready and she could try to take you to court and evict you but as I say that would destroy your friendship so up to you I guess

I mean, it’s all well and good saying it’s up to the OP, but the rental market is beyond insane right now and lots of people are having no choice but to stay.

The previous three times I’ve been handed a S21 due to owner selling/coming back to the UK, I’ve had somewhere new within 10 days.

This time, it took me almost 7 months and was utterly soul destroying.

Discovereads · 18/06/2022 17:52

It’s now a minimum 2 month notice but they have to send you a proper section 21 eviction notice for the clock to start ticking. Just calling or emailing you a date isn’t a proper eviction notice.

You still have the right to quiet enjoyment which means you can refuse access to the property by Estate agents to take photos, do viewings or have builders in doing renovations. I would refuse this access. It will be too disruptive on you.

Im being evicted as well and have refused access, our home will not be put on the market for sale until after we vacate the property. It’s your right and not that uncommon.

Threetulips · 18/06/2022 17:57

You still have the right to quiet enjoyment which means you can refuse access to the property by Estate agents to take photos, do viewings or have builders in doing renovations. I would refuse this access. It will be too disruptive on you

This! Thought I’d highlight it.

She’ll have to schedule the buliding works once you move out - if the delays cost her, that’s her issue. You may be friends but it’s still your home.

mirrorballer · 18/06/2022 17:59

There's no way I'd be allowing builders in to renovate the house. She'll have to wait until you've found somewhere else and left.
It could work in your favour if you find somewhere and need to move quickly as she's more likely to release you from your notice period but don't be forced out.
I know she's a friend but she's also been profiting from you so this isn't a friend helping someone out, it's business.

Petronus · 18/06/2022 18:03

Tell her to do one about the builders. There is no way I would be paying rent whilst builders traipsed through my house for the landlords benefit.

RedPlumbob · 18/06/2022 18:05

Having builders in your home, when it’s for your own benefit, is unbelievably stressful. My parents did a reno when I was a teenager, it was awful for all of us. There is no chance I’d endure it for someone else’s pocket to benefit.

CloseYourEyesAndSee · 18/06/2022 18:05

RedPlumbob · 18/06/2022 17:52

I mean, it’s all well and good saying it’s up to the OP, but the rental market is beyond insane right now and lots of people are having no choice but to stay.

The previous three times I’ve been handed a S21 due to owner selling/coming back to the UK, I’ve had somewhere new within 10 days.

This time, it took me almost 7 months and was utterly soul destroying.

Show quote history

I know, but she's renting from a friend so what can she do?

SpiderinaWingMirror · 18/06/2022 18:13

3 is generous but you do not have to facilitate the builders, nor people viewing.

toddlingabout · 18/06/2022 18:13

The section 21 may not be valid. Has she put your deposit into a deposit protection scheme? Speak to shelter.

DrDinosaur · 18/06/2022 18:15

"I know, but she's renting from a friend so what can she do?"

Any friend worth having wouldn't want to see her friend homeless, nor would they expect their friend to put up with building renovations in their home that they won't benefit from . OP can do the same as any other tenant. Refuse access, and then stay put until she's found somewhere to go, or she's actually evicted by the court.

Winter2020 · 18/06/2022 18:18

As the landlord is your friend I'm sure you'll want to start looking for a property that is suitable and move as soon as you can (you as the tenant can usually give 1 month notice so if you find somewhere do this - don't pay for three unneccessarily- check your contract)

However if you can't find anywhere and have no where to go a phone call or email from your friend telling you she wants the house back isn't worth the paper it's not written on.

To follow the legal route of getting her house back she would have to serve a valid section 21 (to be valid you would have to have a valid annual gas certificate, have had an EPC and a number of other conditions).
Don't tell her this. Not being served formal notice buys you time if it is needed. E.g if the three months ticks by and you have no where and your landlord clocks they will need to serve formal notice then you will then get a further 2 months from the formal notice until your landlord can go to court and attempt to enforce it.

You don't need to leave at the end of the formal notice (only a tenant or a court can end a tenancy) but it does mean the landlord can go to court to get an eviction date.

I know you won't want to make things difficult for your friend but I also know it is tough to find a rental at the moment. If things don't work out to her schedule don't beat yourself up. It is the risk you take when you choose to become a landlord.

Hope you are lucky in your property search OP.

MochaHoldTheMilkAndCoffee · 18/06/2022 18:23

Even though she is a friend I would be very cautious to allow builders in and start doing work.
Forgetting the complete upheaval and inconvenience (which you are not obligated to put up with) you are responsible for leaving the property in the same condition as the start of the tenancy (subject to fair wear and tear). Do you have a deposit? What if the builders aren't finished within 3 months and the place is a unfinished mess? What if she gets funny and says you caused some of the mess?
She won't have a leg to stand on but it's all hassle and delay in getting your deposit back, which you don't need.
She wants her property back and to sell it, fair enough but you don't need to allow her to disrupt your life so much. An estate agent valuation is one thing but unnecessary building work which will be of no benefit to you is the highest level of cheeky fuckery.

Isaidnoalready · 18/06/2022 18:26

Ridiculous question but can you afford to buy it of her?

UggyPow · 18/06/2022 18:33

Have you been issued with a Section 21? This is the first step
A standard AST has a 2 month notice period (it was 6 then 3 months during Covid)

After that if you choose not to leave she would have to take you to court - the courts process takes a minimum of 6 months

UggyPow · 18/06/2022 18:35

And no don’t allow the builders in - this used to be a tactic to make the property unliveable & force people out

Original poster
Dilraj68 · 18/06/2022 18:35

Thank you for your replies ladies.

Builders are due to come on in the date LL expects me to be out. They won't be coming inside before then.

I can't afford to buy this place and to be quite honest, there's a few wear and tears on the flooring, plaster is peeling off (fixed most of it but had returned) and it's costing a fortune maintaining a big grassy garden! To be completely honest, I don't mind moving if I could find something for my family but I just feel 3 months isn't enough.

I've gone on Rightmove and have arranged two viewings next week. Wish me luck peeps!

OP posts:
CallOnMe · 18/06/2022 18:37

Contact the housing register and apply to go on it.

You will not be given anywhere until the last day and it will likely be in some temporary accommodation. It’s takes years to get anywhere permanent but knowing you won’t be out on the street is better than nothing.

Would you be ok doing room shares?
These are often easier to get than flats, houses etc and are cheaper so it gives you time to save for a deposit for your next rental.

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