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View Full Version : landlord is kicking my mum out after 4 days!



j20
06-05-2007, 14:59 PM
she has paid 1 months deposit and 6 months advance rent.

she moved in on wednesday and had a few people back on fri night as a housewarming, a neighbour knocked on the door to complain about the music so she turned it off, it was not a large group of people, about 6, and it was a one off.

her and the landlord have both signed a tenancy agreement.

the landlord called her on sat and said due to complaints from the neighbours, he has changed his mind about letting it to her, and she has to be out by tuesday and he will give her her money back, she explained it was a one off and would not happen again, but he is adamant she has to leave.

can he do this?

j20
06-05-2007, 16:23 PM
i've just spoke to my mum and she said it's not an actual tenancy agreement, it is a quick temporary version done on the computer, saying......'i agree i will take over the tenancy of xxxxxx addressxxxxxx and i have paid £xxx deposit and £xxxx advance rent' and they have both signed it, is this as good as an actual tenancy agreement, as he was going to do a proper one when he got the chance?

davidjohnbutton
06-05-2007, 16:26 PM
Simple answer - NO

Your mum has a minimum tenancy of 6 months - there is a contract (written), she has paid rent (consideration) and moved in (performance).

However, it may be, that if this is the way things are going to be, to find other accommodation and move out of the reach of a landlord who does not play by the rules!

If the landlord does evict without obtaining a court order - he will pay a very large criminal and civil penalty at the end of the day.

And replying to your second post which appeared whilst I was typing this reply - that bit of paper is still as good an agreement as ever - its still evidence of an offer and acceptance of a tenancy.

j20
06-05-2007, 16:32 PM
thank you very much, i do think she is going to try and find accomodation elsewhere as she would feel uncomfortable but if she does stay, does she get 6 months or can he give her 1 months notice?

Ericthelobster
06-05-2007, 16:42 PM
thank you very much, i do think she is going to try and find accomodation elsewhere as she would feel uncomfortable but if she does stay, does she get 6 months or can he give her 1 months notice?She gets 6 months, as DJB has said. And if he wants her out after the 6 months is up, he still has to give her 2 months notice of that in the proper legal way (a "Section 21 notice") and if he doesn't, she could end up staying legally a lot longer than 6 months!

CoffeeCup
06-05-2007, 16:58 PM
thank you very much, i do think she is going to try and find accomodation elsewhere as she would feel uncomfortable but if she does stay, does she get 6 months or can he give her 1 months notice?


Simple answer - NO

Your mum has a minimum tenancy of 6 months

Taking what you say on face value it does seem extreme to kick someone out for a house warming party especially as she cooperated with the neighbour and turned the music down. Added to the fact that she paid a months deposit and 6 months upfront would seem very good security for the landlord.

Is this the full picture? 6 months upfront in a sizable amount of money.

Did she incur moving costs? perhaps if she is prepared to move out then landlord should pay some compensation?

Hope it works out for your mum and look on the bright side, another new place another house warming party! whoo hey:D

p.s. always pop round the new neighbours and explain that you are having a house warming party beforehand. Invite them over (very unlikely they will come) and say if it gets a bit noisy then to let you know. Point out it's a one off. Remember 1st impressions count and we have all gotta get along.

lorenzo
07-05-2007, 16:15 PM
Not withstanding we are only getting one side of the story, I am astonished that an LL could imagine he/she could just kick someone out like that. Show zero knowledge of the various housing acts.

Bearing that in mind, the burning question for me is...

...is the deposit in a TDS?

j20
08-05-2007, 17:43 PM
i'm not sure about the TDS, what is it?

she rung the landlord yesterday, and told him she would not be leaving, as he is not allowed to evict her, and he said he will get a court order and she wont get her money back.

Poppy35
08-05-2007, 17:49 PM
Tenancy Deposit Scheme - if tenancy started after 6th April then deposit monies must be lodged in either a custodial or insurance based scheme. The tenant MUST be provided with this information within 14 days. If they are not then tenant must be given 3 times the deposit amount as compensation plus the Landlord will not be able to gain possession of the house under s21.

I cant believe the landlord will try and evict her......keep us informed!

lorenzo
08-05-2007, 19:33 PM
i'm not sure about the TDS, what is it?

she rung the landlord yesterday, and told him she would not be leaving, as he is not allowed to evict her, and he said he will get a court order and she wont get her money back.
On face value, this is quite extraordinary!

Unless there is some other undisclosed factor whereupon he can use a section 8, tell him he's dreaming. :rolleyes:

There's not something you're not telling us, is there?

islandgirl
08-05-2007, 21:01 PM
Tell your mum to tell the LL to put up or shut up - "see you in court" would be my response, providing events have occured exactly as described!

j20
10-05-2007, 13:45 PM
:)
yes as far as i'm aware, everything is as i've said, i know he spoke to someone in the pub opposite who apparantly told him that my mum and her partner argue a lot, but surely this is not an issue unless they do actually argue and cause a problem to the neighbours, not something he can use in court if he does go through with trying to get a court order.

lorenzo
10-05-2007, 15:21 PM
:)
yes as far as i'm aware, everything is as i've said, i know he spoke to someone in the pub opposite who apparantly told him that my mum and her partner argue a lot, but surely this is not an issue unless they do actually argue and cause a problem to the neighbours, not something he can use in court if he does go through with trying to get a court order.
There are grounds for s8 conviction before the end of the term but it is notoriously difficult to get a judge to award in the LLs favour and there certainly doesn't seem to be a valid grounds going by what you say

FYI here is a brief overview of section 8 http://www.letlink.co.uk/letting-factsheets/factsheets/factsheet-8---claims-for-possession-the-section-8-notice.html

j20
10-05-2007, 15:30 PM
thank you, will keep you all updated