Landlord Prematurely Terminating Contract

[adridude]

Hi Guys,

 

My landlord and I have been having some problems lately. It appears that he has grown to dislike me for some reason and served me notice on the 20th January. He promptly told me that I HAVE to be out of the house by 20th February. He owns the house and is a tenant himself.

 

 

Could you look at the following scan from my contract and tell me if he can do this? Also bear in mind that at the beginning of the month I payed one calendar month i.e. to the end of this February.

 

 

In 26.2it states that he has to pay "our weeks rent". Can I argue this for what it should be i.e. "four weeks rent" if he doesnt stick to this agreement?

 

Any help would be greatly appreciated.

 

Regards

 

adridude

[Joa]

when did the tenancy start, and when was it originally suppose to expire? When do you usually pay your rent?

In other words: what is the fixed term of the tenancy? Or maybe the fixed term has already expired but you stayed on?

Did you pay deposit? Did you receive information about Tenancy Deposit Scheme from the landlord?

What we are trying to establish is whether you are within the fixed term, whether you have AST or periodic tenancy.

This will help us to answer your questions.

I can tell you one thing though; a small typo like "our" instead of "four" is inconsequential.

[adridude]

I signed the contract on 31st October 2007 and moved in on the 2nd November 2008 as I had paid 4 weeks rent, 4 weeks deposit. Thus to the end of the month.

 

The Term

For a fixed period of two months fro the 2nd Nov '07 thereafter on a month on month basis

 

Yes I did pay deposit, 4 weeks rent, and no I did not receive any information about any tenancy deposit protection schemes. I did e-mail him tonight asking if I had any protection even. I've only done this now as I've just found out about it.

 

I'm trying to establish that I can stay here until the end of the month, that way I can cleanly move to another property; i.e. after I get paid. If I _have_ to leave on the 20th, I won't have the funds to find other accomodation and the deposit I 'might' get back will be put to a B & B until I get paid so tehrefore I lose out.

 

I was always under the impression that a calendar month was 1st to last day of the month. That is how he works my rent out and that is how I've paid for this month (in advance). I dont pay a flat 4 weeks, he's worked out a figure which rounds off a full monthly payment.

 

Cheers for replying

 

Adrian

[Joa]

This post may be helpful: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/50506-statutory-periodic-tenancy.html#post1375264

It is clear to me that the notice given to you is not correct. It needs to expire on 1st of March as your rental periods are monthly, commencing on 2nd and ending on a 1st day of the next month. This is because your term started on 2nd and notice cannot provide for less then one month.

 

I a not sure whether TDS would apply in your case. I hope other posters will be able to help.

 

Just one more question: does the landlord live with you by any chance?

[Planner]

This post may be helpful: http://www.consumeractiongroup.co.uk/forum/residential-commercial-lettings/50506-statutory-periodic-tenancy.html#post1375264

It is clear to me that the notice given to you is not correct. It needs to expire on 1st of March as your rental periods are monthly, commencing on 2nd and ending on a 1st day of the next month. This is because your term started on 2nd and notice cannot provide for less then one month.

 

I a not sure whether TDS would apply in your case. I hope other posters will be able to help.

 

Just one more question: does the landlord live with you by any chance?

 

I would have to disagree if this is an AST. It was my understanding that while the fixed term of the AST tenancy can be for less than six months, the Landlord has no mechanism at his disposal to actually remove a tenant until six months has expired, unless the tenant voluntary leaves.

[Joa]

I know, this "two months" term confused me a bit. But what do you disagree with Planner? Lenght of notice? TDS application?

[Planner]

That the landlord can ask them to leave before 6 months. If the poster dosent want to then there is no mechanism in place for the landlord to enforce this notice unless the tenant wants to leave of their own accord. Is the poster 100% sure they have an AST? What soes it say on the top of the agreement? - And reading the original post, I assume that the landlord is a tenant at a different address?

[adridude]

would all of this include if my landlord lives in the property too? We are in a houseshare?

[adridude]

nope it's not an AST, there is a clause in the top which states its not an AST or ST

[Planner]

Ah it all becomes clear. If you live with your landlord you have very little rights unfortunatley. If he wants you out by the end of the month and you are still there, he would be in is rights (legally if not morally) to change the locks etc. I would start looking for alternative accomodation immediatley.

[adridude]

Here is the lease:

 

http://www.nethersys.com/adrilease.pdf

 

I've edited out names and sensitive information with buttons LOL.

 

Anyway, he served me notice on the 20th of last month, what I am asking is that I've payed rent (at the end of last month) for one calendatr month. i.e. formally service a calendar months notice. from the 1st of this month to the last day of this month.

 

He wants me out 4 weeks from the 20th i.e. this wednesday

 

The Term

For a fixed period of two months fro the 2nd Nov '07 thereafter on a month on month basis

 

My first month ran from the 2nd - 30th November. Surely that means that my month begin (the next period) starts on the second, i.e. the begin of my calendar month?

[Aequitas]

Just to make sure I understand: are you saying that the landlord granted a tenancy of the whole of the property you both occupy to himself and you? In other words is it the case that the landlord is A and the tenants are A and B and that the tenancy is of a complete house or flat?

[adridude]

Landlord is houseowner,

 

I rent a room and share the lounge, kitchen and bathroom.

[adridude]

Landlord is A

I am B

Wither Tenants are C & D

 

A owns the property (or rents) not quite sure.

 

B, C and D rent off of A

[Joa]

OK, then all my previous advice is redudant. That will teach me to ask right questions!

You are a licencee, not a tenant. please see this link: Shelter: Eviction of excluded occupiers

[adridude]

what is "reasonable notice"?

 

Also he accepted payment for an entire month. i.e. I payed at the end of January for my final calendar month February.

 

Also, what is a calendar month?

 

As I understand it a calendar month is 'any one of the twelve segments of any given year'

 

When I gave my last landlord my notice in (February last year), I had to pay rent until end of March. They claimed that was one calendar month. That is why I am confused.

[adridude]

If the worst comes to the worst, is there some form of delay tactic which I could use to stay resident there until the end of the month?

[Planner]

Unfortunatley not. Come the 20th Feb, your landlord may remove your stuff from the property and changes the locks. You have no protection to speak of. There is nothing you can do, no delaying tactic only to speak to your landlord and request an extension to the end of the month. You have been served the correct notice as required in the agreement you signed, one calander month.

 

Obviously you are entitled to the 9/10 days rent you have paid to be returned as well as youre deposit should the room be returned in an acceptable condition.

[adridude]

ok so in terms of homelessness, what rights do I have there? Take into account that I am working eaning less that 18,000 a year and currently have no money.

 

Not only this, I was only recently released from hospital for numerous mental health issues i.e. suicide and depression and an being treated for it?

 

is there _anything_ I can do?

[Planner]

I would get yourself down to the local housing office and explain your cirrcumstances and ask how they can help with some "emergancy accomodation" or some such. With an 18,000 a year job in the East Mids I see no (Financial) reason why you couldnt get your own privatley rented accomodation either individual or as part of a share again. The council have funding available to pay for deposits etc, but with what you are earning I am unsure if you would qualify for such assistance, thats why you need to get yourself to the housing office as soon as you can.

[Aequitas]

I have now read the agreement and there is no doubt that it creates a tenancy. Unfortunately this does not help you much since it is one of the tenancies that is excluded from the protection of the Protection from Eviction Act 1977 and it is not an assured shorthold tenancy.

 

However, you can rely on the terms of the agreement as a matter of contract. It says that a calendar month's notice must be given and that is what you are entitled to. A calendar month runs from the particular day in any month to the day before the same day in the following month, both days inclusive. So, a calendar month from 12th January includes that day and goes up to and includes 11th February. A notice to quit may end on the last or first day of a period. Four weeks notice (unless given in February in a year when it has 28 days) is not a calendar month's notice.

[adridude]

We all stand corrected. I've just spent an hour opn the phone with Shelter and this is how it goes.

 

Because my contract started on the 2nd of the month. Then was fixed term for 2 months then on month to month i.e. a roll on tenancy agreement.

 

This means that the end of my month is on the 1st of the following month.

 

Because he made a decision on the 20th doesnt mean he can review the situation there and then. On the 2nd of the month is when my rolling contract starts it's termination.

 

A calendar month _starts_ the day the tenant moves into agreement. The end of the calendar month is the day before (that date) on the next month.

 

i'm relieved now.

 

They advised me to take my contract to the council, and get someone to write me a letter stating the facts. This way, I can stay here until the 1st.

 

It amazes me how difficult people make your lives. The time I spent chasing all of this up today, I could have charged a customer like £180! *sigh* But oh well, hopefully he'll be nice until I leave

[adridude]

dang! you got there a moment before me! *doh* quicksilver huh

 

Uh and sorry Planner - I'm actually in kent, Medway towns. So thing's aren't that cheap here! What I spend here on a double room got me a nice flat up there in Nottingham.

[Planner]

Unfortunatley I still think you are on a losser. What Shelter have told you would be correct if the contract was an AST, as it isnt the only protection you have is that given to you in common law. The unfortunate part is that "common law" can only be applied by you taking your landlord to court after the event, you have no protection whatso ever come the 20th Feb, all the talking to shelter in the world wont get you back into the property come that date once the locks are changed.

 

In my opinion you have no come back and trying to delay your exit until the 2nd of the month may not be successful. Let me reiterate you have no protection in these cirrcumstances. For example, you could go home tonight and the landlord could have put all your stuff on he lawn and changed the locks, there wouldnt be a damn thing you could do about it. Your only come back would be to submit a county court claim, which would take months and months.

 

I think you are on very thin ice on this one. Its unfunfortunate that Shelter have given you a sense of security that is simply not there.

 

Let us know what the council say, I wait to be corrected!!! Although Iam finding it difficult to understand why you are going to such trouble for at the most an additional week in a property where the person you share with (your landlord) as made it more than clear they dont want you there.

 

I think your resources would be better spent finding an alternative as soon as possible rather than fighting for your "rights" here.

 

Best of Luck

[adridude]

My landlord just gave me a receipt for a FULL month's rent. i.e. until the end of February.

 

Would that hold?