She wants me out. What are my rights?

[Dilraj68]

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?

But it is her fault that she's profiting from her commodification of a human need, it's a business so who gives a shit if she's being nice there are legal requirements and processes to follow, nowhere in that does OP need to be nice and roll over

@DirtyteaCup

www.gov.uk/guidance/paying-tax-on-rent-to-landlords-abroad

Just to those people saying 3 months is plenty of time - we are also being evicted, I spoke to an estate agent last week who said she's never seen anything like this market in the 20 years she's been in business - 50 people to one property, people putting deposits down without viewing. I went to a viewing on Saturday there were 20 people there and we didn't offer because there was a really desperate couple there saying the bailiffs were coming on 1st July and they hadn't managed to find anywhere.

Good luck OP.

But it is her fault that she's profiting from her commodification of a human need

Oh for gods sake. Do you say the same
About builders? Farmers?

As she has not validly served notice under s.21 LTA then you need to do precisely nothing except keep paying the rent. As you anticipate builders being sent in I’d take the precaution of changing the locks which you are entitled to do so long as you replace the originals when you leave.

no tenant has to leave a property until there is a court order. Even after a valid Notice this could take anything up to 9-12 months to achieve. Time is on your side OP.

Have you been paying full market rent or mates rates? She seems to be trying to do the right thing, she's given you more than mandatory notice, she's kept your deposit appropriately, she's paid you for leaving done of her luggage on storage when you first moved in five years ago
Good luck with your viewings OP, whilst you may be legally entitled to stay until the courts evict you, you've chosen to rent from a friend, if you value that friendship in your shoes I'd be doing my utmost to find somewhere else, rather than just digging in. Unfortunately this is the downside of renting but five years is a good run, especially in the South.

it is her property after all, and she wants it back. Just remember that if you don’t leave by the due date you may not get a decent reference for your next rental.

@jay55 Per the link, the renter was supposed register with HMRC and send in the tax every quarter, not the landlord. Sounds like a can of worms the OP might not want to open!

I agree with the OP that it’s not her business to remind her friend of the S21 requirements. I genuinely hope it all works out, OP, and your friendship isn’t affected by this, it’s the downside of mixing business with friendships. 🤞

This. Lose a reference and a friend by all means. I really hope you didn't pay lower rent or get into this arrangement 'as friends' if you're being an arse now. And no, you don't have to leave if she didn't drive properly. However, i assume you're still looking at least. Not sitting on your arse knowing there's nothing she can do.

I hate rentals as they exist. But treating a friend poorly is pretty shitty too.

Serve not drive!

Builders won't be coming in until after I've left the house.

You don't legally have to leave until the courts evict you and bailiffs show up.

Hopefully you will find somewhere else long before this point but if you cannot find a new home then you stay put. The council won't help if you move voluntarily, they'll say you are intentionally homeless.

It's a shit system and crappy all round but no fucking way would I sleep on the streets with my children (or have them removed from me) because I wanted to do right by the landlord and not inconvenience them.

Where have I said that I'm angry, hurt and deeply upset by this? Shocked yes, but that was to be expected. We're being civil, as regards the notice to leave, builders and deposit etc and I know it's not her job or responsibility to look out for me. There's no animosity so please keep those assumptions to yourself.

She needs to serve you a proper section 21 notice through the proper Chanels not via email. You don't have to leave if you haven't found anywhere in September. If you need local authority housing you will be expected to stay until she has a court order and bailiffs come. It's not about being 'nice' to the landlord, it's about your rights and not making yourself intentionally homeless.

If she hasn't protected your deposit properly you could be entitled to 3 x back in compensation and if she changes the locks in September that's an illegal eviction.

You have the right to quiet enjoyment of the property and don't have to let anyone view it or builders in.

Again it's not about being nice. These are your rights

If you are likely to have any issues with deposits /guarantee for a new place get yourself down to the council. They won't be able to help you u till you have a proper section 21 notice but once you have a legally binding date they will probably help you with a deposit/guarantor if you need them if you won't get accomodation on the housing list in your area.

Tbh if you have to move area doing so now in yr9 would be considerably better than into yr10 for your daughter. So I'd aim to sort something before summer hols if at all possible.

Yes, been paying the rent she set which was in line with similar properties in the area and okayed by the council.

There were no 'mate's rares' as we're not that close. Just playground mummies and mutual friends kinda thing.

Dilraj68 · Today 08:31
So the LL has only emailed me giving me notice. There's no mention of section 21 and I'm not going to remind her.

so has your landlord sent you a copy of the gas certificate? Electric certificate? Does your landlord have these certificates?

She lives abroad and got her technician friend to do this. I have the copies. Somewhere.

I would look to abide by the period of notice given. I doubt you will need more, but if you do I would ask rather than dictate. References and goodwill are important.

She lives abroad and got her technician friend to do this. I have the copies. Somewhere.

a gas certificate needs to be done every 12 months by a corgi registered plumber - if its not done then she is breaking the law

a technician friend would have to be corgi registered and an electrician to the electric certificate

to serve you notice a gas certificate has to be in date, if not then as a landlord you are forbidden from serving notice on a property

As set out in the Gas Safety (Installation and Use) Regulations, a gas safety certificate must be held for every rental property. Landlords who breach the Regulations can be subject to heavy penalties: the standard penalty is a £6,000 fine or six months' imprisonment for each infraction.